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PR Card Renewal and Business Incorporation 

gshanmg
gshanmg
Posts: 2


Posted On: 2/22/2018
gshanmg
gshanmg
Posts: 2
Dear Sir,

My family and I became Canadian PR in July 2014 where we travelled to Calgary and collected the PR cards. We stayed in the country for 21 days and left for home country.

The PR cards state expiry in Aug 2019.

In May 2017, we moved into Calgary, Canada permanently as Landed Immigrants/Settlers to fulfill the 2 year residency period in the country out of 5 years requirement.

My questions are as follows:

1) We will be accomplishing the required fulfillment of 2 years residency in the country by May 2019 (PR cards expiry in Aug 2019).

Does this mean, we could only apply for PR card renewal in May 2019 onward or could be done well before May 2019?

CIC website states the renewal to be done 9 months before the expiry of the PR card.

But based on the 9 months ahead of expiry we would not have satisfied the 2 year residency hence the query.

Please advise.




2) While in Canada, we are incorporating a freelance consultancy business (limited company with my wife and I being the Directors) where myself will be required to travel outside Canada on a regular rotational basis (5 weeks out of the country and 2 weeks in the country) to conduct the business for a 1 year contractual period commencing March 2018.

The consultancy payment will be remitted from overseas into our incorporated business account.

As it will be rotational nature of business, individually, I will not be able to fulfill the 2 year residency requirement however I will be directly engaged with my Canadian business ownership and other nature of self employment in Canada.
Therefore, will I be qualified to apply for the PR card renewal in this case scenario considering I am actively engaged in my own business in Canada though the nature of business requires travelling outside Canada on a regular pattern.


I really appreciate your precious time in answering my questions above.

Thanks.
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Moderator
Moderator
Moderator
Posts: 4063


Posted On: 2/26/2018
Moderator
Moderator
Moderator
Posts: 4063
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

In terms renewal of the PR card, yes, the IRCC website states that if your permanent resident (PR) card is expired or will expire in less than 9 months, you can apply for a new card. This does not mean that you are obligated to apply for renewal at this time.

It is best to apply to renew your PR card when you are completely sure that you have more than fulfilled your residency requirements.

If your PR card expires, it does not mean that you have lost your PR status.


In terms of your second question, you can find some detailed information in the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 Loss of permanent resident status enforcement manual. Here is an excerpt,
6.2 Canadian business

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

  • federally or provincially incorporated businesses which 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;
  • 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 his or her residency obligation while residing outside of Canada R61(2).


Any additional questions you may have, you may want to contact the IRCC Call Centre directly.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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gshanmg
gshanmg
Posts: 2


Posted On: 2/28/2018
gshanmg
gshanmg
Posts: 2
Anna,

Thank you so much for the responses and clearing the doubts on the inquiries.

It's much clearer now on the residency renewal independent of PR card expiry provided can be proved to reside and fulfill the 2 years requirement beyond the expiry.

Appreciate your assistance.
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