Working Outside Canada |
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otcer
New Member Joined: 23 Feb 2010 Status: Offline Points: 2 |
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Posted: 23 Feb 2010 at 6:02pm |
Hi everyone,
I landed in June 2007, stayed for about one week and since then I haven't travelled back to Canada. My PR card expires in June 2012 and I understand that if I do not enter before May/June 2010 (3-4 months from now) I am at risk of loosing my status as the agent at the airport will note that I will not be able to fulfill the 730days requirement.
I have a job offer from a canadian company based in Toronto. They told me they could send me the contract paperwork electronically for my signature If I wanted to.
My first question is:
Is it better for me to to travel within the next couple of days and sign the contract being inside Canada? vs doing all the paperwork from outside Canada and not travelling to Toronto? If I go, I will only stay for a few days and the return to the country where I will be working for them.
This job offer is not great for me in terms of money and it would mean for me a high opportunity cost, since I would have to take time out of my current business, which I own, in order to work for them. Although it would be an "easy" job for me, again, it would certainly mean a potential decrease on my earnings derived from my business over here.
I would only take this job if I can really be sure it can help me maintain my PR status until I decide to move to Canada (once I sell my business). I have read the requirements in the CIC website about "Employment outside Canada", but in my opinion the information is a bit vague. I want to know if there are more specific requirements, such as, how long has the company being in business, minimum number of employees, minimum number of revenues it generates etc. The same in terms of the job offered....minimum wage a foreign worker should be paid, education requirements (MBA, bachelors etc)...etc etc. Where can I find more specifics about this kind of requirements.
My second question (or third already):
I understand the time that I work with this canadian firm can be counted towards the 730day requierment in order to maintain PR status, but will this time can also be counted towards the 1095day requierment towards citizenship? Lets say I work for this company for 3 yrs or more, can I apply for citizenship even though I have not lived in Canada?
My last question:
While I work for this company in the future, whenever I get called from the Toronto office and I travel to Canada, what type of paperwork do I need to take with me in order to show the agent at the airport? If I only show him my PR card, he will see the expiration day and he will come to the conclusion that I will not be able to fulfill my obligation, so I guess i need to show him proof of my employment outside Canada.
I guess I need to keep all sorts of records, such as paystubs, checking account deposits from my employer and tax returns as additional proof of my employment.
I appreciate any insights from anyone, in the meantime I will try to to get a professional advice from an immigration expert...can someone recommend me one? Remember, accepting this job can have a deep impact on my finances, so I want to make the right decision here.
Many thanks in advance
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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You have to be hired by the Canadian company IN CANADA, and then transferred overseas later. The company's HQ must be here and they should have Canadian operations/employees/offices/HQ
Thats the way it works, not the other way....It's not that easy to work around the PR residency obligations. If Canada has given you an opportunity then you should come and live here. |
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blackpearl
Junior Member Joined: 30 Nov 2009 Status: Offline Points: 54 |
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I do not have first hand experience for working outside Canada. My advice is to read the following page < ="utf-8">- You have to be employed full time (40 hours a week?) - The company must be headquartered in Canada and has ongoing operations in Canada I have heard that you have to be hired from Canada, and then transferred abroad, however I don't think it is what implied in the guide below. For citizenship, you have to reside in Canada. Therefore days spent residing outside of Canada and working for Canadian company only counts towards maintaining PR status. It cannot be used towards citizenship. When coming to Canada, you have to show your PR card, and the supporting documents as described below.
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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ditto blackpearl re citizenship: physical presence in Canada is required for the requisite time (basically three out of the four years immediately preceding the date you submit the app for citizenship).
also ditto the information taken from CIC website. I think it is important to be sure that the company you work for meets the requirements of a "Canadian" business, in order for that to count. Note: while you can be interviewed about meeting the residency requirement upon entry into Canada, as a PR you are entitled to entry -- even after the PR card has expired (problem there, though, is getting on the plane . . . since a commercial airline is not likely to accept an expired PR card -- but if you can get yourself to a Canadian POE, they have to let you in). If it appears that you have not met the residency requirement, CBSA (at the POE, including in an airport) can only make a record of that and a referral for an investigation; they cannot refuse you entry. You don't want things to get to that stage, but you do not have to worry about not being allowed into Canada. I would definitely carry some proof of working for a Canadian company and, if the question is raised, try to persuade CBSA at the POE that you do meet the residency because you were working for a Canadian company, but, again, it is not as if a conclusive decision is made at that point whether or not you have met the residency requirement -- CIC would have to commence revocation of PR proceedings. And, all a PR has to do is get back into Canada, and once in Canada if they stay two years, that satisfies the two in five requirement, even if they were gone ten years before that. (Requirement only applies to the last five years.) I have seen a case where a PR entered Canada on a visitor visa (he had surrendered his PR card to a Canadian embassy in a foreign country years before), stayed more than two years, and that was sufficient to re-establish his compliance with the residency requirement. Should note, though, I tend to agree with the idea that if you want to be "a Canadian" there comes a time when you should try living in Canada. (My wife is giving me a hard time about how much I want to be a Canadian because I could not cheer without qualification for the Canadian hockey team when they were playing against the Americans . . . she would not accept, as sufficient, that I wholeheartedly cheer for the Canadian curling team even when going against the Americans.) |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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lol yup.....it's hard to find good jobs these days but nevertheless, one should not give up PR status that easily....after all the economy will improve in the future....
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otcer
New Member Joined: 23 Feb 2010 Status: Offline Points: 2 |
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Thanks guys for all the valuable info. One more question in regards to the OHIP card (ontario)...what documents do I need to apply for one?
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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otcer,
Check www.serviceontario.ca for ALL the details. |
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nadhwaryu
New Member Joined: 28 Mar 2010 Location: India Status: Offline Points: 3 |
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Hi!
My Name is Nitin, I got my PR Status in May 2005. I have stayed from 8 May to 16 Aug 2005 for 3 & 1/2 Months in 2005 then after I came back in May 2008 and stayed for about six - 6 months. I have sponsored my family in 2008 and they got pr status. I came back to India in end of Nov. 2008.
My wife and Son were came to Canada in June 2009 and still they are living there. My son is studying there. I have not comleted 2 years of stay there to retain PR ststus.
Can i visit canada before May 2010 i.e. in April 2010 for 3 to 4 months.
Pl. help me in this regard what action I have to initiated to my visit to Canada.
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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You are subject to being asked questions regarding meeting the residency requirements.
If the examining officer is not satisfied that you meet the 730 days in five years requirement, the officer will most likely make a report which will be reviewed by the "minister's delegate." However, that may very well occur on the spot, there at the POE. Nonetheless, so long as you are still legally a PR, they must allow you entry into Canada. Even if the minister's delegate issues a "removal order" you can appeal and so long as the appeal is pending (it can take quite some time) the "removal" is of no force, so you retain your PR status and can remain in Canada. See especially the operational manual about "loss of permanent resident status" at" http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf But also the other "enforcement" related manuals regarding admissibility, ENF 1 and ENF 2, linked at: http://www.cic.gc.ca/english/resources/manuals/enf/index.asp You should, however, be prepared to argue H & C grounds for retaining your PR status upon your attempt to enter Canada . . . and if they fail there, at that stage, to urge them on appeal. See the operational manuals relative to enforcement, including in particular those relating to admissibility and PR |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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dmj
Junior Member Joined: 25 Mar 2010 Status: Offline Points: 14 |
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Hey Guys
I m new in this forum and had a very different situation which I need expertise guidance from yu all.I immigrated in april,2007,from U.A.E,where I was working, with my spouse n 3 children 20,17and 16 years at that time.I m a doctor by profession,55years age stayed for 3 months and due to tight position of jobs for the doctors I decided to go back alone n work in U.A.E.In these years I kept coming and going till now and accumulated 6 months of stay out of 2 years requirement of preserving the PR satus.I have still 2 years to go but I got the opportunity of getting U.A.E nationality where they dont allow dual nationality and I have to surrender my ppt.My Q is that now if I wish to come to Canada to see my family with my new U.A.E ppt then how I would be able to since the immigration visa was issued on my Pak ppt and PR card also showing citizen of Pakistan.Is there any way to solve this problem? Prompt replyis highly appreciated.
dmj |
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