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dpenabill View Drop Down
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    Posted: 19 Jan 2011 at 2:56pm
Informing CIC will guarantee nothing.

Returning prior to expiration of the PR card does not necessarily equal being in compliance with the PR residency obligation. The obligation is 730 days within the previous five years (or, within the first five years, capable of meeting the 730 days by the five year anniversary of landing, the date the PR card expires not relevant to this).

Travel documents are, well, travel documents. They mostly evidence an individual's status and, beyond evidencing status for the purpose of initially obtaining certain benefits or services in Canada (drivers license, health card, and so on) generally are for the benefit of border control personnel and commercial transportation companies, simply for the purpose of showing that the individual is authorized to travel internationally (PR card being a travel document evidencing a right to enter Canada when traveling from a foreign location, subject to possible residency examination in some circumstances).
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mustafarasheed Quote  Post ReplyReply Direct Link To This Post Posted: 19 Jan 2011 at 7:59am
Thank you all for you feedback and information.
It is up time for me to leave Canada and join the business overseas, I suppose all the stipulated rules are met, however I would ask the following questions:
1- Should I inform the CIC , CBSA or any other agency before I leave to guarantee my safe return to Canada. (I might come back before the expiration of my PR in manner I would not be able to collect 730).
2- Should I obtain any documents from those department to support my case.
3- Is the travel documents have any link to the matter.
Regards,
MS
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mustafarasheed Quote  Post ReplyReply Direct Link To This Post Posted: 19 Jan 2011 at 7:48am
Thank you all for you feedback and information.
It is up time for me to leave Canada and join the business overseas, I suppose all the stipulated rules are met, however I would ask the following questions:
1- Should I inform the CIC , CBSA or any other agency before I leave to guarantee my safe return to Canada. (I might come back before the expiration of my PR in manner I would not be able to collect 730).
2- Should I obtain any documents from those department to support my case.
3- Is the travel documents have any link to the matter.
Regards,
MS
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lilshyone Quote  Post ReplyReply Direct Link To This Post Posted: 23 Sep 2010 at 4:49am
Are you sure that there are no timelimits in this case? I mean, if, for any reasons, your husband/wife has to extend his/ her stay abroad...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote matthewc Quote  Post ReplyReply Direct Link To This Post Posted: 20 Sep 2010 at 12:47pm
canvis2006, that's simply not true. This whole thread is about one of the exceptions whereby a PR can maintain PR status if they are (genuinely) employed by a Canadian company overseas.

The more common (and in my opinion much easier) exception is accompanying a Canadian citizen spouse overseas. If you are a PR, living with a Canadian husband or wife outside Canada, you keep your PR status.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 19 Sep 2010 at 1:25pm
There is no way to maintain PR status by living OUTSIDE Canada.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jane Quote  Post ReplyReply Direct Link To This Post Posted: 18 Sep 2010 at 10:15pm
Hello everyone, Please I need your Advice,I'm a PR working out side Canada, on contract ,how can I maintain my PR status,I came back few weeks a ago, because I'm on vacation ,still going back soon .
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 03 Sep 2010 at 7:32pm
I doubt any of us here is qualified to give that level of advice.

I do not answer your question in what follows, but I do make some observations:

Importantly, this is the sort of question which involves much more than immigration. There are tax laws which will have a very substantial impact on how this should be done, perhaps even which will dictate (depending on the nature of the employee relationship) how it is to be done. Moreover, there is the impact of the foreign country's laws, including tax laws, including laws governing foreign businesses operating in the country, among others. All these probably have some impact on how this should be done.

Such laws should be complied with and I suspect that will not really leave much room for immigration considerations.

And of course there is what makes business sense for the company.

Many companies will work with an employee relative to immigration matters, but a company which will go so far as to tailor its employer-employee relationship to a degree that will directly facilitate a PR qualifying as in-residence while living and working abroad raises a red flag in my view.

I should not purport to be giving tax advice, but I do not believe Canada Revenue allows waiting until the end of the year to pay taxes on Canadian income -- they require quarterly installment payments to the extent that taxes are not withheld by an employer. Moreover, I do not believe they allow employers to make an election between withholding taxes or allowing the employee to pay the taxes directly. I think withholding is mandatory. Of course there are probably ways of setting up the employer-employee relationship, relative to employment located outside Canada, that the withhold requirement may be avoided . . . but I suspect (one really should be talking to a qualified lawyer about these things) that leads back to the what the employer-employee relationship really is and who it is between.

(For example, I worked for a large company owned by a Canadian for many years, but I was an employee of that company's foreign based subsidiary -- so I was not an employee of a Canadian company really, even though the ultimate boss was a Canadian living and working in Toronto.)
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mustafarasheed Quote  Post ReplyReply Direct Link To This Post Posted: 03 Sep 2010 at 2:28pm
Oh, thank you very much for you clarification which was perfect.
One more question. Which is batter:
1- to pay my salary overseas without deduction, in such a case I pay my tax by the end of the year. or,
2- to transfert it by my employer  to my bank account in Canada after deduction of tax, pension and insurance.
in other word if I'm a full time employee overseas should my employer pay me after deduction or I can do it by my self by the end of the year.
Regard,
 
MS
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 02 Sep 2010 at 1:27am
This involves a level of detail that is ordinarily beyond the scope of general principles and observations most of us can offer much about.

It sounds like the pay is good enough to warrant spending three hundred dollars or so for a consultation with a lawyer (making sure it is a lawyer totally independent of this company); be sure to take all the relevant information, backed up by copies of actual paperwork, to the lawyer.

As a general observation, I would note that the larger, more well established the company is in Canada, and in particular, the more employees it has actually working in Canada (and in particular in proportion to the number of employees working abroad), the less risk of a problem you will have so long as you are indeed an employee, not a contractor. That does not mean smaller companies can not qualify. But CIC can, and apparently in some cases will, look behind the outward manifestations of a "company" to determine the nature of the company and its relationship to its foreign based employees . . . obviously, CIC and CBSA deal with a range of circumstances in which some "companies" are merely fronts providing means pursuant to which PRs living and working overseas appear to be working for a Canadian company but . . . well, I am sure there are all sorts of variations of this. If the company is legitimate, a regular Canadian company, and you are an "employee," you probably have little to worry about; if it is a company trying to look legitimate but is more or less a shell or front, you might want to rethink things.

What qualifies "technically" is not always a guarantee, particularly, of course, if (as I say) some sort of front or shell game is at play.
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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