Working for a Canadian corporation while outside of Canada

[xpro6000]

Hello

I've been self employed for some time now and I can work from anywhere that I have access to an internet connection and computer. I would like to live outside of Canada for some time (at least more than 3-4 years), I know if I work for a Canadian company I don't have to be physically present in the country and I can still keep my PR status since I'm employed by a Canadian company. If I form a corporation in Canada myself and employ myself under that corporation would that still work?

Regards!

 

[PMM]

Hi

Hello

I've been self employed for some time now and I can work from anywhere that I have access to an internet connection and computer. I would like to live outside of Canada for some time (at least more than 3-4 years), I know if I work for a Canadian company I don't have to be physically present in the country and I can still keep my PR status since I'm employed by a Canadian company. If I form a corporation in Canada myself and employ myself under that corporation would that still work?

Regards!

Nice try, but no cigar

61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is

(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and

(i) that is capable of generating revenue and is carried on in anticipation of profit, and

(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

(c) an organization or enterprise created under the laws of Canada or a province.

Marginal note:Exclusion

(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

 

[xpro6000]

Hi


Nice try, but no cigar

61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is

(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and

(i) that is capable of generating revenue and is carried on in anticipation of profit, and

(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

(c) an organization or enterprise created under the laws of Canada or a province.

Marginal note:Exclusion

(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

I see, I'm a USC and the taxes for corporations are much lower in Canada, would saving on taxes be enough reason or would they still say its for keeping my residency?

 

[scylla]

I see, I'm a USC and the taxes for corporations are much lower in Canada, would saving on taxes be enough reason or would they still say its for keeping my residency?

CIC will say it's for residency.

As you've said, you can work anywhere there is an internet connection. So from a business standpoint, there is no need for you to be in the US.

 

[steaky]

If you really need to work outside Canada, for example, can't you live in Whiterock, BC and work in Blaine, WA?

 

[xpro6000]

Thats too bad, I was looking forward to doing that, I wanted to live somewhere tropical for some time. Are there any other options which will make this possible?

 

[scylla]

Thats too bad, I was looking forward to doing that, I wanted to live somewhere tropical for some time. Are there any other options which will make this possible?

If you are married or common law (i.e. have lived together for at least a year) with a Canadian citizen and that Canadian citizen lives outside of Canada with you - then any days spent with the Canadian citizen outside of Canada can be counted towards maintaining your PR status in Canada.

 

[Gary.Hak]

Dear PMM,

What if you register a company and to be self-employed outside of Canada, but still pay taxes in Canada, which is basically the PR obligation.
I want to register a Project Management Consulting company and to live outside for at least 2 years. My services are requested outside and it is very hard to find job here in Canada, so while someone can sit on welfare I choose to register self-employed company, work outside but sill pay taxes here.
What Immigration will say in this case?

I would be very thankful for your response.
Sincerely,
Gary

 

[Gary.Hak]

Dear PMM,

What if you register a company and to be self-employed outside of Canada, but still pay taxes in Canada, which is basically the PR obligation.
I want to register a Project Management Consulting company and to live outside for at least 2 years. My services are requested outside and it is very hard to find job here in Canada, so while someone can sit on welfare I choose to register self-employed company, work outside but sill pay taxes here.
What Immigration will say in this case?

I would be very thankful for your response.
Sincerely,
Gary

 

[scylla]

Dear PMM,

What if you register a company and to be self-employed outside of Canada, but still pay taxes in Canada, which is basically the PR obligation.
I want to register a Project Management Consulting company and to live outside for at least 2 years. My services are requested outside and it is very hard to find job here in Canada, so while someone can sit on welfare I choose to register self-employed company, work outside but sill pay taxes here.
What Immigration will say in this case?

I would be very thankful for your response.
Sincerely,
Gary

Won't work. Immigration will definitely say no and the time spent working for this company outside of Canada won't count towards your PR residency. CIC closed this loop hole years ago.

 

[steaky]

Won't work. Immigration will definitely say no and the time spent working for this company outside of Canada won't count towards your PR residency. CIC closed this loop hole years ago.

But if this poster partner with a friend / relative satisfying what it means of a Canadian business (as define above), it might work.

 

[Msafiri]

But if this poster partner with a friend / relative satisfying what it means of a Canadian business (as define above), it might work.

If to CIC its a pops and moms set up no dice...that's why the IRPA and Regs have the exclusion for business clearly set up only to meet the Residence Obligation...the clause is quite open too so gives CIC significant discretion to reject PR Card renewal.