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Status for a Subsidiary of a Canadian Business 

feelinggrateful
feelinggrateful
Posts: 7


Posted On: 4/27/2016
feelinggrateful
feelinggrateful
Posts: 7
Hi there,

I just landed and am now back to Hong Kong.

I am considering taking the route of "being employed abroad" by a "Canadian business" for the purpose of fulfilling my PR residence requirement.

In this connection, I wonder if the wholly owned subsidiary of Manulife in HK will be regarded as a "Canadian business" for this purpose? The parent is incorporated in Canada but the HK subsidiary is incorporated in Bermuda.

My reading of R61(1) seems to suggest that
- the subsidiary is not incorporated in Canada, and
- the subsidiary, while earning profits and owned by its Canadian parent, has its "ongoing operations" in Hong Kong, but not Canada.

It seems to me (and I also hope) that the HK subsidiary is a Canadian business, given that it contributes its profit to its parent company. (Locally, it is a well-known reputable Canadian firm in HK.) But what seems right in economics terms (or even in cultural terms) might not be legally right...

So, thank you in advance for your advice please.
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MelM
MelM
Posts: 226


Posted On: 4/27/2016
MelM
MelM
Posts: 226
CIC will generally only allow you to count your time outside of Canada towards the residency obligation if you were first hired for a role within Canada and then at a later date transferred to a role outside of Canada. If you are hired directly to the role outside of Canada, CIC will typically classify this as time outside of Canada that cannot be counted towards RO.

If you are being hired directly for the role outside of Canada, understand this carries the risk that five years from now CIC will say you don't meet the residency requirement for keeping PR.
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Boronding
Boronding
Posts: 1


Posted On: 6/2/2016
Boronding
Boronding
Posts: 1
Hi,

I am presently employed by one of the well-known Canadian Company in the Middle East. I was hired in the Middles East and not a transfer employee from Canada. I have approached the HR Dept in the Middle East about my intention before a signing a contract with them, and they verbally told me that they can help me meeting the residency requirements once I am employed with them. After 6-months, (probationary period) I have approached the same person to start with the above process. He contacted the HR in Canada, and they told (as per HR in the Middle East) that the company in Qatar is not in anyway connected with the Canadian Company.

During my 6-mos stay, I am fully convinced that the Company was a Canadian, as the the CEO & VP of Canada visited us even and we had a company dinner with them as well; and I did not find any proof that it is licensed in Canada instead of USA.

So, with this situation, is it possible that my days of stay outside Canada can be credited towards my PR renewal later on?

Please advise. Thank You.
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