Retaining PR - Inter Company Transfer


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ajayt   
Member since: Sep 12
Posts: 1
Location:

Post ID: #PID Posted on: 13-09-12 06:18:20

Hi,

I am currently working in India and having PR of Cananda. My company has subsidary company in Canada and are willing to transfer me in Canada.

Is it possible that I become an employee of Canadian Subsidary and join Indian Company in India on deputation. will it help me to retain my Residency status in Canada without leaving India.


Thanks & Regards



quest   
Member since: Oct 06
Posts: 369
Location:

Post ID: #PID Posted on: 13-09-12 16:45:38

you can retain PR status in Canada only by your physical presence in Canada



hchheda   
Member since: Aug 05
Posts: 2245
Location: Woodbridge

Post ID: #PID Posted on: 13-09-12 17:12:42

Please see below :


OPTION 2. Employment outside Canada

You may count each day you worked outside Canada provided that your employment meets the following criteria:

you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province and
you are assigned on a full-time basis to:
a position outside Canada
an affiliated enterprise outside Canada or
a client of the Canadian business or the public service outside Canada
For the purposes of this application, a Canadian business is defined as:

a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
an enterprise that has:
an ongoing operation in Canada
is capable of generating revenue
is carried out in anticipation of profit
in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above or
an organization or enterprise created by the laws of Canada or a province
Supporting documents:

You must enclose a letter of declaration signed by an official of the business that indicates:

the position and title of the signing official
the nature of the business and how it fits the description of a Canadian business (see definition above)
details of your assignment or contract outside Canada such as — duration of the assignment; confirmation that you are a full-time employee of the “Canadian business” working abroad on a full-time basis as a term of their employment, or you are on contract working on a full-time basis abroad as a term of their contract; and a description or copy of the position profile regarding the assignment or contract abroad
confirmation that the business has not been created primarily for the purpose of allowing you to satisfy your residency obligation
You may also include:

articles of incorporation and business licences
partnership agreements and / or corporate annual reports
corporate Canadian Income Tax Notices of Assessment and / or financial statements
copies of the Employee Assignment Agreement or Contract
copies of any agreements between the Canadian business and the business or client outside Canada concerning your assignment to that client or business
Pay Statement(s)
Canadian Income Tax Notice of Assessment
T4 slips



Taken from :

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

The important part is : CANADIAN company. In your case it seems like an Indian company with an office in Canada. Please verify from experts.

Hiren





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