Working out side Canada |
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Mustafarasheed
New Member Joined: 15 Jan 2010 Location: Canada Status: Offline Points: 6 |
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Posted: 15 Jan 2010 at 2:59pm |
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MS
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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Why are they not paying you through the Canadian payroll like most other employers?
I think you have to be hired in Canada by Canadian business, and then transferred abroad. HQ of the employer must/should be in Canada.....and it has to be employing Canadians in Canada as well..... |
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Mustafarasheed
New Member Joined: 15 Jan 2010 Location: Canada Status: Offline Points: 6 |
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Dear Canvis2006 I do appreciate your kind reply. However I would like to draw your attention that they will pay me a salary through their payroll and they will pay my tax (T4) after the probation period of three months. Moreover the HQ of the Canadian business is in Canada years before I landed and they do employee a Canadian employee. I already signed my employment contract in Canada however after I stayed in Canada for 20 days & signed the contract I travelled directly abroad. The question do they need a regional office or branch in the Gulf to have the relevant rules applicable to me?.Please let me know if my case is OK in light of the above considerations.
Thank you again for your help.
Regards,
MS
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MS
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Mustafarasheed
New Member Joined: 15 Jan 2010 Location: Canada Status: Offline Points: 6 |
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MS
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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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. |
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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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Mustafarasheed
New Member Joined: 15 Jan 2010 Location: Canada Status: Offline Points: 6 |
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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,
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MS
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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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.) |
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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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jane
Junior Member Joined: 27 Jun 2010 Status: Offline Points: 18 |
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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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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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There is no way to maintain PR status by living OUTSIDE Canada.
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matthewc
Average Member Joined: 25 Jan 2010 Location: Hamilton, ON Status: Offline Points: 273 |
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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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