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Residency requirements, Government in Canada, Bringing child born overseas...
Working in USA for a Canadian Incorporated Company
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urchin556 Posts: 1
Posted On: 6/15/2019
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Hi,
I am working for a company in uSA which is incorporated in canada.
But they dont have any business operations there.
Is it possible to renew my card based on that if I dont live in canada?
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Moderator Moderator Posts: 4075
Posted On: 7/3/2019
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this type of information.
Unfortunately, we are unable to provide a definitive response regarding whether or not based on your employment situation you can renew your PR card.
However, 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).
and
6.5 Employment outside of Canada
The regulations enable permanent residents to comply with the residency obligations while working abroad, provided that:
- they are under contract to, or are full-time employees of a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada;
- they are assigned on a full-time basis as a term of their employment or contract, to a position outside Canada with that business, an affiliated enterprise or a client;
- they maintain a connection to a Canadian business;
- the are assigned on a temporary basis to the work assignment; and
- they will continue working for the employer, in Canada, after the assignment.
We strongly suggest that it is important and probably best that you speak to a reputable Lawyer or a registered and reputable Immigration Consultant who is familiar with Canadian immigration issues for additional information regarding your situation and before you start any application processes.
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, CRS,CRS-DC
Settlement.Org
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