Business and citizenship


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ddesi   
Member since: Feb 05
Posts: 4
Location:

Post ID: #PID Posted on: 19-02-05 12:16:47

Here's my scenario.
My family and I have PR status since 2002 - Family includes My Mother and my hubby. Now we are planning on starting a family business with me and my mother as partners. This would be a registered Canadian Business

My question is, our work may involve us being out of the country for lengthy periods of time. Could we claim that time as "working for a canadian company" abroad when applying for our citizenship? Even though we would actually be also the owners of the said business?

Any advice is highly appreciated.


Title edited



crenshaw   
Member since: Sep 04
Posts: 914
Location: Toronto

Post ID: #PID Posted on: 19-02-05 12:32:42

To apply for your citizenship you must be physically present in Canada. The 'working for Canadian company' exception does not apply (that exception applies only to the maintenance of PR status under the '2 out of 5' rule.

A couple of links to similar questions asked on the board in the past:

http://canadiandesi.com/read.php?TID=6745&page=1#36546

http://canadiandesi.com/read.php?TID=7247



chandresh   
Member since: Mar 03
Posts: 2606
Location: Toronto

Post ID: #PID Posted on: 19-02-05 14:44:37

Crenshaw,

While you are right - it is only in part. There are 6 exceptions to the rule of 1095 days physical presence which you can find at:

http://canadavisa.com/documents/citpol.htm" target="_blank">http://canadavisa.com/documents/citpol.htm</a>

I am one of those who has got citizenship under that rule since I used to travel a lot for a Canadian company's business.

However, one has to make sure that the absences were infact for business purpose. CIC looks at these cases very minutely and can determine if the Canadian company was formed only to take advantage of this rule. I have known a person who could not get his citizenship because of this, though rest of the members of the family got it on their first application.

Therefore, to answer ddesi's question, yes it is possible to get citizenship even by not meeting the 1095 day rule if it can be clearly proved that those absences were for business purposes of a Canadian company. However, since it is going to be 'lengthy periods of time', you will have to prove that it was absolutely necessary and it should not be evident that you actully lived out of Canada but just registered a company to take advantage of the exceptional circumstances.

Chandresh


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Chandresh

Advice is free – lessons I charge for!!


ddesi   
Member since: Feb 05
Posts: 4
Location:

Post ID: #PID Posted on: 20-02-05 00:46:18

Thank you so much for all your advice and help - Chandresh and Crenshaw. Will now try and avoid going out for too long a period...Is 2-3 months in a year considered a very long absence from the country????



chandresh   
Member since: Mar 03
Posts: 2606
Location: Toronto

Post ID: #PID Posted on: 20-02-05 12:12:03

Quote:
Orginally posted by ddesi

Thank you so much for all your advice and help - Chandresh and Crenshaw. Will now try and avoid going out for too long a period...Is 2-3 months in a year considered a very long absence from the country????



IMO - no. But if it is repeated too soon, it might be.

Chandresh


-----------------------------------------------------------------
Chandresh

Advice is free – lessons I charge for!!




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