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Mustafarasheed View Drop Down
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Joined: 15 Jan 2010
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    Posted: 15 Jan 2010 at 2:59pm
 
Hello
I landed to Canada in February 2008 my PR is valid up to February 2013,  my wife and children already settled in Canada.

Having read the relevant websites I knew that working in a Canadian business abroad is one of the safest reason for me to meet the requirement of maintaining my PR even though I'm out of Canada (Despite that the time I spend in working for this business not to be accounted for the purpose of applying for Canadian citizenship).

During my last visit to Canada I got a good opportunity to represent a Canadian business company in the Gulf during 2010 and may be for further two years, therefore I find the option of working with a Canadian business overseas under which I can be registered and pay tax is suitable for me. However they are going to pay me on a commission basis thus there is no monthly salary/slips thus I'm the one who is going to pay my tax directly not through my employer (T4) form, bearing in mind that good earning is expected. In this point I have the following questions:

1-      What is the meaning of working with the Canadian company on a full time basis? Does it means that I can't have any other part time job during my presence in the Gulf?

2-      If my case meets the rules of Clause 28 of immigration act pertaining Canadian business overseas, is it ok if this company has no regional or official license overseas (In the Gulf)? As all what they have is an office which I rented on their behalf to represent their interests and to bring clients to them.

3-      If I earned my income from this company on a commission basis and pay my tax by myself regularly does that contradict with the stipulation of (Full time basis)?

4-      If every thing is OK, and if the relevant rules are applicable to my case, what is the starting point? I shall have soon a confirmation job letter from the Canadian Business company by which they indicate clearly my assignment to represent their interest in the Gulf and to bring client to them and it will indicate that I earn my income in a commission basis.

5-      As I shall be absent from Canada to follow up this company business, I shall declare my absence period during my travel to Canada from time to time, shall I show them employment confirmation letter signed by my employer? Is it enough to prove the matter and to render these rules applicable to my case?

 I do believe that regularizing my status through this company is a good opportunity to earn my income to support my family members who are already settled in Canada and as a safe way to maintain and renew my PR.

Please help
Thank you and looking forward to hear from you.

Faithfully yours,
MS
MS
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canvis2006 View Drop Down
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Points: 2574 		Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jan 2010 at 7:19pm
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 View Drop Down
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Points: 6 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Mustafarasheed Quote  Post ReplyReply Direct Link To This Post Posted: 21 Jan 2010 at 12:57pm

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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Mustafarasheed View Drop Down
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Points: 6 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Mustafarasheed Quote  Post ReplyReply Direct Link To This Post Posted: 01 Sep 2010 at 2:31am
Hi
I need a help, subsequent to my previous query I appreciate if anybody advice me.
I landed to Canada in February 2008 my PR is valid up to February 2013, my wife and children already settled in Canada however I visited them twice a year and stayed for one month each time.

Having read the relevant websites I knew that working in a Canadian business abroad is one of the safest ways to meet the requirement of maintaining the PR even though I'm out of Canada.

During my last visit to Canada in June 2010 I signed a full time employment contract to represent a Canadian business in the Middle East during 2010-2011, therefore I found the option of working with a Canadian business overseas under which I can be registered and pay tax is suitable for me. However, during the month of my appointment which was June I just stayed one month in the headquarter of the Canadian company and I left to the Middle East. In this regard I have the following questions:
 
1- All the legal stipulations of the Canadian company are available including the place of their headquarter which is in Ontario and they are recruiting Canadian citizens.
2- Is the relevant rules are applicable to my case, I have a confirmation job letter (Letter of Declaration) from the Canadian Business company by which they indicated clearly my assignment to manage & represent their interests in the Middle East, coordinating their overseas shipments, duration of my assignment overseas and my monthly salary which is going to be paid to me overseas, and I shall pay my tax next February.
2-      As I shall be absent from Canada to follow up this company business, I shall declare my absence period during my travel to Canada from time to time, shall I show them the employment confirmation letter signed by my employer? Is it sufficient to prove the matter and to render these rules applicable to my case? Or they might make an issue to me upon my next visit?
3- What should I do further to prove my case and to be in the safe side?

Please help
Thank you and looking forward to hear from you.

Faithfully yours,
MS

Hi
I need a help, subsequent to my previous query I appreciate if anybody advice me.
I landed to Canada in February 2008 my PR is valid up to February 2013, my wife and children already settled in Canada however I visited them twice a year and stayed for one month each time.

Having read the relevant websites I knew that working in a Canadian business abroad is one of the safest ways to meet the requirement of maintaining the PR even though I'm out of Canada.

During my last visit to Canada in June 2010 I signed a full time employment contract to represent a Canadian business in the Middle East during 2010-2011, therefore I found the option of working with a Canadian business overseas under which I can be registered and pay tax is suitable for me. However, during the month of my appointment which was June I just stayed one month in the headquarter of the Canadian company and I left to the Middle East. In this regard I have the following questions:
 
1- All the legal stipulations of the Canadian company are available including the place of their headquarter which is in Ontario and they are recruiting Canadian citizens.
2- Is the relevant rules are applicable to my case, I have a confirmation job letter (Letter of Declaration) from the Canadian Business company by which they indicated clearly my assignment to manage & represent their interests in the Middle East, coordinating their overseas shipments, duration of my assignment overseas and my monthly salary which is going to be paid to me overseas, and I shall pay my tax next February.
2-      As I shall be absent from Canada to follow up this company business, I shall declare my absence period during my travel to Canada from time to time, shall I show them the employment confirmation letter signed by my employer? Is it sufficient to prove the matter and to render these rules applicable to my case? Or they might make an issue to me upon my next visit?
3- What should I do further to prove my case and to be in the safe side?

Please help
Thank you and looking forward to hear from you.

Faithfully yours,
MS

 
MS
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dpenabill View Drop Down
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Points: 6407 		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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Mustafarasheed View Drop Down
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Points: 6 		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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dpenabill View Drop Down
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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.)
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 View Drop Down
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Points: 18 		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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canvis2006 View Drop Down
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Points: 2574 		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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matthewc View Drop Down
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Points: 273 		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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