working for canadian business abroad

[drnebil]

Hi there,
I am a medical doctor, landed immigrant since march 2010. My wife and I didn't stay here for long 20to 3 months in total on differnt occasions over the pas 2 and half years.
We didn't stay because it is not easy to get registration as a doctor.
However we want to keep the PR status as once I finalize registration issues we want to settle in.
There is a local canadian buisness that is interested to employ my wife overseas where we live now, which is not our home country), where she start exloring the market to expand the buisness and for sourcing there, which is according to our the immigration law can maintain our PR status.
My question is what are the requirement for the business.
should her salary be transferred there or be she can get it in her account here.
Is there any requirement for the size of the business or the activity.
The business owner prefer to transfer her salary to her account here.(it is easier for him, as it is not a big business yet)

any assistance in this regard will be appreciated.

 

[Leon]

Read http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf and look for "business" to see all references to the requirements for a Canadian business.

It does state things like:

6.2. Canadian business

The definition applies to both large and small businesses and includes:

• federally or provincially incorporated businesses that have an ongoing operation in Canada;
• other enterprises that have an ongoing operation in Canada, are capable of generating revenue, are carried out in anticipation of profit and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents or Canadian businesses; and
• enterprises which have been created by the laws of Canada or a province.

Note: It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy their residency obligation while residing outside of Canada [R61(2)].

and

6.5. Employment outside of Canada

The Regulations enable permanent residents to comply with the residency obligations while working abroad, provided that:

• they are under contract to or are full-time employees of a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada; and
• they are assigned on a full-time basis as a term of their employment or contract to a position outside Canada with that business, an affiliated enterprise or a client.

and

10.2. Other documentation which may be requested to determine residency status

Other documentation that may be required to determine residency status includes:

• record of landing (if an applicant declares that their record of landing or permanent resident card was lost or stolen, a local police report may be requested);
• returning resident permit;
• permanent resident card;
• employment documents or personal services contract;
• records of personal services;
• financial documents;
• Revenue Canada Notice of Assessment forms;
• evidence of receipt of benefits from Canadian government programs;
• rental agreements;
• club memberships;
• annual report of a business (incorporated under the laws of Canada or of a particular province);
• articles of incorporation of a business with which the applicant is employed;
• report of the voting interests or ownership of a business, where it is necessary to determine if the majority ownership of the business is Canadian.

and on page 16 starts a long list of documentary evidence they may require from the Canadian business.

The employment must be full time and it is often said that one must have been hired in Canada and transferred to an overseas location although it does not actually mention that anywhere in this manual.

 

[drnebil]

Great thanks for the document and for the opinion