On the CIC website, it is mentioned that to maintain your immigration status, you have to live in Canada for 2 years in a period of 5 years. One of the exception to this rule is that you are working for a canadian company ouside Canada. I landed in Canada 3 years back. I am working in a Canadian company , Nortel in USA since then. If I continue to work in Nortel in USA, will my immigration status will remain valid. It is very critical for me to decide and based on this, I have to decide if I quit my job in USA to save my immigration. Does anyone have some info in this situation?
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Immigration status validity after 3 years outside Canada
- Thread starter silyas123
- Start date
If the company you are working for qualifies as a "Canadian Business" as described below then you have nothing to worry about as you have maintained your permanent resident status of Canada.
What is a Canadian Business?
Canadian Business
Only some businesses qualify as a Canadian business for the purpose of satisfying your residency obligations. To qualify as a Canadian business, the business must fulfil one of these three definitions:
The business is incorporated under Canadian or provincial laws and has an ongoing operation in Canada.
The business is an enterprise, other than a corporation described above, that has an ongoing operation in Canada and satisfies the following conditions:
It is capable of generating revenue and is carried on in anticipation of profit; and
Canadian citizens, permanent residents or Canadian businesses as defined above hold a majority of voting or ownership interests.
The business is an organization or enterprise created by the laws of Canada or by the laws of a province of Canada.
Excluded businesses:
An enterprise, corporation or organization is not a Canadian business if it exists primarily to allow permanent residents to comply with their residency obligations during a stay outside Canada.
Qualifying Employment outside Canada
The term “employed on a full-time basis by a Canadian business or in the public service of Canada” means:
you are an employee of, or under contract to provide services to, either a Canadian business, the public service of Canada or the public service of a Canadian province; and
you are assigned as a term of your employment or contract on a full-time basis to either:
a position outside Canada;
an affiliated enterprise outside Canada; or
a client of the Canadian business or the public service outside Canada.
http://www.cic.gc.ca/english/newcomer/cdnbusiness.html
What is a Canadian Business?
Canadian Business
Only some businesses qualify as a Canadian business for the purpose of satisfying your residency obligations. To qualify as a Canadian business, the business must fulfil one of these three definitions:
The business is incorporated under Canadian or provincial laws and has an ongoing operation in Canada.
The business is an enterprise, other than a corporation described above, that has an ongoing operation in Canada and satisfies the following conditions:
It is capable of generating revenue and is carried on in anticipation of profit; and
Canadian citizens, permanent residents or Canadian businesses as defined above hold a majority of voting or ownership interests.
The business is an organization or enterprise created by the laws of Canada or by the laws of a province of Canada.
Excluded businesses:
An enterprise, corporation or organization is not a Canadian business if it exists primarily to allow permanent residents to comply with their residency obligations during a stay outside Canada.
Qualifying Employment outside Canada
The term “employed on a full-time basis by a Canadian business or in the public service of Canada” means:
you are an employee of, or under contract to provide services to, either a Canadian business, the public service of Canada or the public service of a Canadian province; and
you are assigned as a term of your employment or contract on a full-time basis to either:
a position outside Canada;
an affiliated enterprise outside Canada; or
a client of the Canadian business or the public service outside Canada.
http://www.cic.gc.ca/english/newcomer/cdnbusiness.html
silyas123 said:On the CIC website, it is mentioned that to maintain your immigration status, you have to live in Canada for 2 years in a period of 5 years. One of the exception to this rule is that you are working for a canadian company ouside Canada. I landed in Canada 3 years back. I am working in a Canadian company , Nortel in USA since then. If I continue to work in Nortel in USA, will my immigration status will remain valid. It is very critical for me to decide and based on this, I have to decide if I quit my job in USA to save my immigration. Does anyone have some info in this situation?
I suggest you contact your company's HR department and ask them where the company is incorporated - or where the headquarters are. Get the proof that Nortel is Canadian country in writing as you will need to submit copies to CIC.
Also on another note, if Nortel is a Canadian company, perhaps you should look at applying for a transfer to Canada. Or apply for another position in Canada. Working for a multi-national company myself, I know the possibility of transfer is quite possible. Going to Canada would be easy for you as the company would not have to pay extra $$ for work permits, etc. since you are already a Canadian PR.