Canadian PR Residency Obligation - Working for a Canadian Company overseas -
Hi,
My family and I landed last 16 Feb. 2006 and currently have our PR cards. We only stayed 10 days in Canada after our landing and went back to Middle East. We are currently staying in Middle East. Even prior to our landing, my husband is a full time employee of an oil company which has an exploration and production sharing agreement with a Canadian Company that is incorporated and existing under the laws of Canada. This Agreement has been in existing even before his immigration application was approved, and even before my husband was employed by this oil company. Would my husband be able to meet his residency obligation to obtain or renew his PR Card considering his circumstance? Would the employer of my husband be considered as a "client" of a Canadian business? Do you advise us to seek for a Canadian Consul confirmation to ensure that there will be no technical problems in the future and avoid the risk of losing the PR status?
My family and I landed last 16 Feb. 2006 and currently have our PR cards. We only stayed 10 days in Canada after our landing and went back to Middle East. We are currently staying in Middle East. Even prior to our landing, my husband is a full time employee of an oil company which has an exploration and production sharing agreement with a Canadian Company that is incorporated and existing under the laws of Canada. This Agreement has been in existing even before his immigration application was approved, and even before my husband was employed by this oil company. Would my husband be able to meet his residency obligation to obtain or renew his PR Card considering his circumstance? Would the employer of my husband be considered as a "client" of a Canadian business? Do you advise us to seek for a Canadian Consul confirmation to ensure that there will be no technical problems in the future and avoid the risk of losing the PR status?
Thank you very much for your help.
Regards always.
Regards always.
david ingram replies:
My gut feeling is that it does not work. To keep the cards alive my understanding is that he must be working for the Canadian company directly and my second gut feeing is that he should have been living in Chanda when he was offered the job overseas to work for the Canadian company. I phoned two members of CSIC and they were not sure and when I did a search on the topic, 3 of the top ten were my own writing about the subject and none addressed your situation directly.
I absolutely insist that you check your situation and get the answer in writing from your local Canadian Consul's office.
In the meantime, it would be a good idea to see if your husband can get on the Canadian Company's payroll directly.
If you do not get a positive answer in writing from a senior Canadian Government official, you should be prepared to move to Canada early enough that you can insure you will have 24 months of residence in the 60 months from the day you were awarded your Canadian Permanent Resident status and cards.that means that if you move here by Feb 16, 2009, you have to stay within Canada for the next 24 months. Your 60 months would start over again on Feb 16, 2011.
Another gunfighter approach would be for you to move to Canada and stay here most of the time to get your Canadian citizenship. Then if he lost his card working overseas at the job he had to keep, you could sponsor him again. Then you could move to where the job is because a Canadian PR card stays alive when the holder is living outside of Caanda with a Canadian citizen.
-------------------------------------
On February 11, 2008, David
Ingram wrote:
It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town. e bankruptcy expert US Canada Canadian American Mexican Income Tax service and help
However, I regularly search for the words"PAYING
CUSTOMER" and always answer them first if they did not get spammed out.
For the last two weeks, I have just found out that my own email notes
to myself have been spammed out and as an example, as I wrote this on
Dec 25, 2007 since June 16th, my 'spammed out' box has
47,941 unread messages, my deleted box has 16645 I have actually looked
at and deleted and I have actually answered 1234 email questions for
clients and strangers without sending a bill. I have also put aside
847 messages that I am maybe going to try and answer because they look
interesting. -e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) expert US Canada Canadian American Mexican Income Tax service help.
$1,700 would be for two people with income from two countries
Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable. In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years. We have done several catch-ups where the client has recieved as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund.
David Ingram expert income tax service and immigration help and preparation of US Canada Mexico non-resident and cross border returns with rental dividend wages self-employed and royalty foreign tax credits family estate trust trusts income tax convention treaty advice on bankruptcy
It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town. e bankruptcy expert US Canada Canadian American Mexican Income Tax service and help
Therefore, if an email is not answered in 24 to
48 hours, it is likely lost in space.
You can try and resend it but if important AND YOU TRULY WANT OR NEED
AN ANSWER from 'me', you will have to phone to make an appointment.
Gillian Bryan generally accepts appointment requests for me between
10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los
Angeles) time at (604) 980-0321. david ingram expert
US Canada Canadian American Mexican Income Tax service and help.
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) expert US Canada Canadian American Mexican Income Tax service help.
Disclaimer:
This question has been answered without detailed information or
consultation and is to be regarded only as general comment. Nothing
in this message is or should be construed as advice in any particular
circumstances. No contract exists between the reader and the author and
any and all non-contractual duties are expressly denied. All readers
should obtain formal advice from a competent and
appropriately qualified legal practitioner or tax specialist for expert
help, assistance, preparation, or consultation in connection with
personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be
included." e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help.
David Ingram
gives expert income tax service & immigration help to non-resident
Americans & Canadians from New York to California to Mexico
family, estate, income trust trusts Cross border, dual citizen - out of
country investments are all handled with competence & authority.
Phone consultations
are $450 for 15 minutes to 50 minutes (professional hour). Please note
that GST is added if product remains in Canada or is to be returned to
Canada or a phone consultation is in Canada. ($472.50 with GST if in
Canada) expert US Canada Canadian American
Mexican
Income Tax service and help.
This is not intended to be definitive
but in general I am quoting $900 to $3,000 for a dual country tax
return.
$900 would be one T4 slip one W2 slip
one or two interest slips and you lived in one country only (but were
filing both countries) - no self employment or rentals or capital gains
- you did not move into or out of the country in this year.
$1,200 would be the same with one
rental
$1,300 would be the same with one
business no rental
$1,300 would be the minimum with a
move in or out of the country. These are complicated because of the
back and forth foreign tax credits. - The IRS says a foreign tax credit
takes 1 hour and 53 minutes.
$1,600 would be the minimum with a
rental or two in the country you do not live in or a rental and a
business and foreign tax credits no move in or out
$1,700 would be for two people with income from two countries
$3,000 would be all of the above and
you moved in and out of the country.
This is just a guideline for US /
Canadian returns
We will still prepare Canadian only
(lives in Canada, no US connection period) with two or three slips and
no capital gains, etc. for $200.00 up.
With a Rental for $400, two or three
rentals for $550 to $700 (i.e. $150 per rental) First year Rental -
plus $250.
A Business for $400 - Rental and
business likely $550 to $700
And an American only (lives in the US
with no Canadian income or filing period) with about the same things in
the same range with a little bit more if there is a state return.
Moving in or out of the country or
part year earnings in the US will ALWAYS be $900 and up.
TDF 90-22.1 forms are $50 for the
first and $25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to
$100.00 each.
18 RRSPs would be $900.00 - (maybe
amalgamate a couple)
Capital gains *sales) are likely
$50.00 for the first and $20.00 each after that.
Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable. In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years. We have done several catch-ups where the client has recieved as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund.
This is a
guideline not etched in stone. If you do
your own TDF-90 forms, it is to your advantage. However, if we put them
in the first year, the computer carries them forward beautifully.
This from "ask an income trusts tax service and
immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax
returns with multi jurisdictional cross and trans border expatriate
problems for the United States, Canada, Mexico, Great Britain, United
Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan,
China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia,
Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida,
Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan,
Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St
Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states
with state tax returns, etc. Rockwall, Dallas, San Antonio Houston,
Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and
Immigration Tips, Income Tax Immigration Wizard Antarctica
Rwanda Guru Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6
Non-Resident Real Estate tax specialist expert preparer expatriate anti
money laundering money seasoning FINTRAC E677 E667 105 106
TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba
Zimbabwe South Africa Namibia help USA US Income Tax Convention. Advice
on bankruptcy e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help .
David Ingram expert income tax service and immigration help and preparation of US Canada Mexico non-resident and cross border returns with rental dividend wages self-employed and royalty foreign tax credits family estate trust trusts income tax convention treaty advice on bankruptcy
New York, Boston, Sacramento,
Minneapolis, Salem, Wheeling, Philadelphia, Pittsburgh, Atlanta,
Pensacola, Miami, St Petersburg, Naples, Fort Myers, Cape Coral,
Orlando, Atlanta, Arlington, Washington, Hudson, Green Bay, Minot,
Portland, Seattle, St John, St John's, Fredericton, Quebec, Moncton,
Truro, Atlanta, Charleston, San Francisco, Los Angeles, San Diego,
Sacramento, Taos, Grand Canyon, Reno, Las Vegas, Phoenix, Sun City,
Tulsa, Monteray, Carmel, Morgantown, Bemidji, Sandpointe, Pocatello,
Bellingham, Custer, Grand Forks, Lead, Rapid City, Mitchell, Kansas
City, Lawrence, Houston, Albany, Framingham, Cambridge, London, Paris,
Prince George, Prince Rupert, Whitehorse, Anchorage, Fairbanks,
Frankfurt, The Hague, Lisbon, Madrid, Atlanta, Myrtle Beach, Key West,
Cape Coral, Fort Meyers, Berlin, Hamburg, Warsaw, Auckland,
Wellington, Honolulu, Maui, Kuwait, Molokai, Beijing, Shanghai, Tokyo,
Manilla, Kent, Winnipeg, Saskatoon, Regina, Red Deer, Olds, Medicine
Hat, Lethbridge, Moose Jaw, Brandon, Portage La Prairie, Davidson,
Craik, Edmonton, Calgary, Victoria, Vancouver, Burnaby, Surrey,
Edinburgh, Dublin, Belfast, Glasgow, Copenhagen, Oslo, Munich, Sydney,
Nanaimo, Brisbane, Melbourne, Darwin, Perth, Athens, Rome, Berne,
Zurich, Kyoto, Nanking, Rio De Janeiro, Brasilia, Colombo, Buenos
Aries, Squamish, Churchill, Lima, Santiago, Abbotsford, Cologne,
Yorkshire, Hope, Penticton, Kelowna, Vernon, Fort MacLeod, Deer Lodge,
Springfield, St Louis, Centralia, Bradford, Stratford on Avon, Niagara
Falls, Atlin, Fort Nelson, Fort St James, Red Deer, Drumheller,
Fortune, Red Bank, Marystown, Cape Spears, Truro, Charlottetown,
Summerside, Niagara Falls, income trust, Income Tax Treaty Convention. - e bankruptcy
expert US Canada Canadian American Mexican Income Tax service and
help.
david
ingram
International non-resident cross border expert income tax service &
immigration help estate family trust assistance expert preparation
& immigration consultant, income trusts experts on rentals mutual
funds RRSP RESP IRA 401(K) & divorce preparer preparers
consultants Income Tax Convention Treaty. advice
on bankruptcy expert US Canada Canadian American Mexican Income Tax
help.
Be ALERT, the world needs more "lerts". bankruptcy expert US Canada
Canadian American Mexican Income Tax service help. -
expert us Canada Canadian Mexico income tax
service and help help
Hope this helps.
What's Related