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Maintaining PR while Doing Business Abroad
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rheaa870 Posts: 1
Posted On: 2/16/2019
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Hi,
I am a Canadian Permanent Resident since a year, currently living in my home country doing a business since 3 years.
I wish to open a branch in Canada of the same and have the flexibility of living in my home country for the purpose of business.
Can i count the days lived in my home country towards the 730 days out of 5 years criteria if I register the business in Canada?
If so, can you please advise on the legalities of the same?
Thanks,
R
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TheresaRutherford Posts: 1
Posted On: 2/19/2019
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My PR card is coming up for renewal later this year, and I have spent a total of 60 days (not continuously, its broken across the last few months) in the US, as I have been called there for business. Will these be counted as staying in Canada, as I work for a Canadian business?
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Moderator Moderator Posts: 4141
Posted On: 3/5/2019
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rheaa870 wrote:
Hi,
I am a Canadian Permanent Resident since a year, currently living in my home country doing a business since 3 years.
I wish to open a branch in Canada of the same and have the flexibility of living in my home country for the purpose of business.
Can i count the days lived in my home country towards the 730 days out of 5 years criteria if I register the business in Canada?
If so, can you please advise on the legalities of the same?
Thanks,
R
Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this type of information.
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).
Businesses that apply in these situations do not satisfy the requirements for physical presence for Citizenship purposes.
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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS,CRS
Settlement.Org
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AdrianG001 Posts: 4
Posted On: 6/11/2019
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To maintain your status as a permanent resident, you must live in Canada for at least 2 years - 730 days - within a 5 year period. During this time you must be physically in Canada.
The two years do not need to be continuous. An officer can confirm if your time in Canada counts when you re-enter Canada, or apply for a permanent resident card.
But there are exceptions where time spent outside Canada may also count towards the two years / 730 days residency requirement.
Regards,
Adrian
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