PR obligations while working in the US

[Farcanal]

I am a PR in Canada and have been for 2 years. Prior to that I lived in Canada on a work visa for a total of 6 years. The company I work for is a Canadian entity with Canadian owned businesses in the US. I have worked in the US companies for the last 3 years (not my personal choice) and figure I will be lucky to meet my "time in Canada" obligations to both retain my PR status and more importantly to me, my ability to achieve Citizenship. I work between 3-5 days a week in the US. I have been told that with my Citizenship application I should also send a letter from my employer showing both the companies need for me to spend time working in the US and also the documents of incorporation showing the Canadian ownership of the US company. This would then be referred to an immigration judge who would likely grant in my favor. My concern is that it is not granted and I am then reported for not meeting PR obligations and loose my PR status. I would note that I have a property in Canada, my wife lives in Canada, I pay taxes have cars etc.

My question is, Is it likely I would loose out as is my fear?

Many thanks for any responses.

 

[scylla]

My two cents...

It sounds like your PR status should be fine. However when you apply to renew, make sure you include the emplyer letter and other evidence to prove that you were moved to a role outside of Canada and support the fact that you are working for a Canadian company.

For citizenship, if you don't actually have three years of physical presence in Canada over the last four years - don't bother applying. For citizenship, you don't get any credit for days spend outside of Canada working for a Canadian company. You must be physically in Canada for the days to count.

Focus on keeping your PR status active. Forget about applying for citizenship until you actually qualify.

 

[newtone]

Whats the name of the company?

 

[Farcanal]

Whats the name of the company?

Newtone, is it relevant? If so can you let me know how, or the reason for your asking?

 

[newtone]

Newtone, is it relevant? If so can you let me know how, or the reason for your asking?

Depends if its a multinational company or a mom 'n pop private company. They may ask for more proof if its a company located in the basement of someones house.

 

[Farcanal]

Thanks Newtone, the company is privately owned, 105 employees in the Canadian plant and 22 in the US plant. I am not sure if my employers would approve of my posting the company name. thanks

 

[OhCanadiana]

Thanks Newtone, the company is privately owned, 105 employees in the Canadian plant and 22 in the US plant. I am not sure if my employers would approve of my posting the company name. thanks

The size of the company doesn't really matter - it's more about proving ownership is majority Canadian.

Back to your original question, Farcanal, it may help to take a look at Option 2 under http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA for PR renewal requirements when you spend time outside Canada for a Canadian employer.

 

[Farcanal]

100% Canadian owned both in Canada and the US by a Canadian owned holding company.

thanks for the link, all replies are appreciated greatly