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Residency requirements, Government in Canada, Bringing child born overseas...
Business outside Canada
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EssaMohy Posts: 4
Posted On: 7/18/2022
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When it said about residency obligation it is always mentioned the rule of 730 days stay physically in Canada. There is no other concerns are mentioned. My question is about the employment outside Canada for non Canadian employer and whether it is against the residency rules even if the 730 days rule is met ?
In my case since moved with my family I still had business ties outside Canada but was determined to stay in Canada as much as I can and have already spent 740 days. I declared my business ties in tax filing and even in PR renewal card application, NOTHING TO HIDE, but I wonder now, does this affect the assessment of my residency ?
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Moderator Moderator Posts: 4075
Posted On: 8/24/2022
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Hi there,
Thank you for sharing your question and situation with us.
You may find helpful information in the Settlement.Org article, Do I have to file a tax return? There are helpful guides in this article that would support you in determining residency status for tax purposes (which are different from residency for PR status).
Here is an excerpt:
Canadian residency for tax purposes is not the same as residency for immigration purposes.
What if I am outside of Canada?
According to Canada Revenue Agency (CRA), the most important factor in determining your residency in Canada for tax purposes is whether or not you maintain residential ties with Canada while you are abroad.
If you maintain residential ties in Canada, you may still be considered a Canadian resident for tax purposes. In this case, you have to pay Canadian income tax on your worldwide income.
You may also find helpful information in the Settlement.Org article, What are the residency requirements for permanent residents (PRs)?. Here is an excerpt:
As a permanent resident, you may travel outside Canada after you arrive. However, you must meet certain residency obligations to maintain your status as a permanent resident.
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.
This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you have been a permanent resident for less than 5 years and decide to leave the country for an extended period of time, it is up to you to prove to IRCC that you will be able to meet your residency requirements.
It sounds like you have met your residency requirement to maintain PR status.
The status of your tax return is not a part of the PR card renewal application. However, you may want to confirm with IRCC directly for advice specific to your situation. It may also be helpful to consult a reputable and registered immigration consultant or an immigration lawyer for advice regarding your situation and help with your application.
If you have any additional questions, please feel free to post them here.
We hope this information is helpful.
Settlement.Org Team
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