PR Employed outside Canada for Canadian Company

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Subject: PR Employed outside Canada for Canadian Company
  I become Canadian PR on July 16th 2010 and hardly lived in Canada for 15 days. I have understanding if I don´t live in Canada more than 730 days my PR status get expire and that way my PR should have been get inactive in July 2013, but before this date itself I got job with Canadian company as full time employee and they allowed me to work from USA only.

If I go with option no 2. Employment outside Canada on CIC website It very clearly says that You will get counted each day you were employed outside Canada.

I´m currently getting salary in Canada and paying taxes at source, Now I´m going to file tax return in Canada so have few associated questions.

1. First Critical question, Is my Canadian PR is active or there could be some challenges at time of renewal?

2. Should I file my return as single or Joint return with my husband to keep his PR active too?

3. My Husband is earning in USA, do we need to file taxes on foreign income in Canada too?

4. My paystub has Canadian address, Is this O.K. for PR renewal in future?

Thanks in advance!

[23-02-2014,02:26]
[**.135.103.64]
Canadian PR
(in reply to: PR Employed outside Canada for Canadian Company)
Based on the information you have provided - you won´t be able to count your time spent working in the US for the Canadian company towards your PR residency requirement. To be able to count the time, you should have been hired for a job in Canada first. Then you would have had to have worked in Canada for a while - and only then transferred to an office in the US. Your company doesn´t need you to be in the US - you are the one who wants to be in the US.

You´re not going to be able to count this time towards your PR residency requirement. If PR is important to you, you should return to Canada ASAP and stay in Canada until you meet the residency requirement.

[23-02-2014,09:55]
[**.30.89.96]
Anonymous
(in reply to: PR Employed outside Canada for Canadian Company)
You are still a PR, although you might lose it if you attempt to get into Canada. Loss of PR is not automatic even if you are in breach of residence obligations - which you are, since the employment you mentioned doesn´t count. If Canadian PR is important to you, you could try getting back into Canada. If you are reported for failing to meet your residence obligations, it will eventually lead to loss of PR (since you don´t have any H&C reasons). However, if you are lucky and don´t get reported, you could stay in Canada for 2 years straight and then apply for PR renewal.
Your other questions:
2. There is no joint tax filing in Canada.
3. No, since you don´t live in Canada, you don´t pay Canadian taxes.
4. Your paystub address is irrelevant. You shouldn´t attempt to renew your PR until you manage to stay in Canada for 2 years.

[24-02-2014,12:10]
[***.204.55.251]
hobbes
(in reply to: PR Employed outside Canada for Canadian Company)
Canadian PR

It does not matter if you owe money to the Canada Revenue Agency it is a violation if you do not pay your taxes on money earned no matter where you earned those funds. The same goes for your spouse.

H&C factors are always present it is how they are put forward. If you wish to fight to maintain your PR status you need to be willing to fight while having common sense H&C factors.

Proving that you are working outside of Canada for a Canadian company that was designed to make a profit could be difficult. The Hearings Officer will go after you assuming that your guilty even before you present your case. They and you need evidence.

If your serious about having PR status you need to return to Canada. Walking across the border or sailing into a Canadian port would not be a violation for you and your spouse.

Entering via a commercial vehicle could get you sent back right away if you have legal status in the country you come from. Do not enter via a commercial vehicle.

Roy
cvimmigration.com

[25-02-2014,07:41]
[**.243.88.32]
Roy
(in reply to: PR Employed outside Canada for Canadian Company)
I agree with Roy.
[07-03-2014,10:50]
[**.234.108.178]
Sabrina Chopper
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