Canadian Franchies and PR card - Roy

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Subject: Canadian Franchies and PR card - Roy
Can I have a canada franchies in London UK and still keep my PR status and then apply for citizen. Is it true that you can have a canadian business outside and still keep your PR?
[18-03-2007,07:56]
[**.153.209.182]
Alex
(in reply to: Canadian Franchies and PR card - Roy)
YES

It works this way IRPA 28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period. a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,


They will want to see that taxes have been paid for the Canadian Company and make sure the company has a Canadian address.

Make sure you read the regulations well too.




Enabling Statute: Financial Administration Act
Immigration and Refugee Protection Regulations (SOR/2002-227)
Disclaimer: These documents are not the official versions (more).
Full Document for Printing [913Kb]
Regulation current to February 27th, 2007
Attention: See coming into force provision and notes, where applicable.
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PART 5

PERMANENT RESIDENTS


Division 1

Permanent Resident Cards


Document indicating status

53. (1) For the purposes of subsection 31(1) of the Act, the document indicating the status of a permanent resident is a permanent resident card that is


(a) provided by the Department to a person who has become a permanent resident under the Act; or



(b) issued by the Department, on application, to a permanent resident who has become a permanent resident under the Act or a permanent resident who obtained that status under the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, as it read immediately before the coming into force of section 31 of the Act.




Property of Her Majesty

(2) A permanent resident card remains the property of Her Majesty in right of Canada at all times and must be returned to the Department on the Department´s request.

SOR/2004-167, s. 15.


Period of validity

54. (1) Subject to subsection (2), a permanent resident card is valid for five years from the date of issue.



Exception

(2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident


(a) is subject to the process set out in paragraph 46(1)(b) of the Act;



(b) is the subject of a report prepared under subsection 44(1) of the Act;



(c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or



(d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.



Delivery

55. A permanent resident card shall only be provided or issued in Canada.


Definition

56. (1) In this section, "guarantor" means a Canadian citizen who is chosen by an applicant, resides in Canada, has known the applicant for at least two years and is


(a) a dentist, a medical doctor or a chiropractor;



(b) a judge, a magistrate or a police officer serving in the Royal Canadian Mounted Police or a provincial or municipal police force;



(c) in the Province of Quebec, a lawyer or a notary and, in any other province, a barrister or solicitor;



(d) a mayor;



(e) a minister of religion authorized under the laws of a province to perform marriages;



(f) a notary public;



(g) an optometrist;



(h) a pharmacist;



(i) a postmaster;



(j) a principal of a primary or secondary school;



(k) an accountant who is a member in good standing of an institute or association of accountants incorporated by or under an Act of the legislature of a province;



(l) a professional engineer;



(m) a senior administrator in a community college, including a CEGEP in the province of Quebec;



(n) a senior administrator or a teacher in a university; or



(o) a veterinarian.




Application for a card

(2) An application for a permanent resident card must be made in Canada and include


(a) an application form that contains the following information, namely,



(i) the applicant´s name and date and place of birth,



(ii) the applicant´s gender, height and eye colour,



(iii) the date on which and the place where the applicant became a permanent resident,



(iv) the applicant´s mailing address,



(v) the addresses of all of the applicant´s places of residence during the previous five years,



(vi) the names and addresses of the applicant´s employers and educational institutions attended, during the previous five years,



(vii) the periods during the previous five years that the applicant was absent from Canada,



(viii) the name, address and telephone number of the applicant´s guarantor,



(ix) whether a report under subsection 44(1) of the Act has been made in respect of the applicant or whether a decision was made outside of Canada that they have failed to comply with the residency obligation under section 28 of the Act, and



(x) whether the applicant has lost their permanent resident status or has been issued a removal order;



(b) subject to subsection (3), a declaration on the application form that is signed by the guarantor and states that



(i) they know the applicant personally,



(ii) they confirm the identity of the applicant, and



(iii) to the best of their knowledge and belief, the information on the form is true and accurate;



(c) a copy of



(i) any document described in paragraphs 50(1)(a) to (h) ? or, if the applicant does not hold one of those documents, any document described in paragraphs 178(1)(a) and (b) ? that is currently held by the applicant or was held by the applicant at the time they became a permanent resident,



(ii) a certificate of identity issued in Canada to the applicant by the Minister of Foreign Affairs, or



(iii) refugee travel papers issued in Canada to the applicant by the Minister of Foreign Affairs;



(d) a copy of



(i) the form IMM1000, entitled "Record of Landing", held by the applicant,



(ii) a provincial driver´s license held by the applicant,



(iii) a photo-identity card held by the applicant and issued by a province,



(iv) a student card held by the applicant and issued by a provincially accredited college or university, or



(v) the most recent notice of assessment within the meaning of the Income Tax Act received in relation to the applicant´s income tax return; and



(e) two identical photographs that



(i) were taken not more than 12 months before the application was made,



(ii) are signed by the guarantor,



(iii) are in black and white or colour on paper,



(iv) show a full front view of the applicant´s head and shoulders and have a white background,



(v) have a view of the applicant´s head that is at least 25 mm (one inch) and at most 35 mm (1.375 inches) in length,



(vi) show the applicant´s face unobscured by sunglasses or any other object, and



(vii) have a dimension of 35 mm (1.375 inches) by 45 mm (1.75 inches).




Applicant without guarantor

(3) An applicant who is unable to provide a guarantor´s declaration must include a statutory declaration in which the applicant states that they are unable to provide a guarantor´s declaration and gives the reasons for being unable to do so.

SOR/2004-167, s. 16.


Applicants

57. (1) Subject to subsection (3), every person who applies for a permanent resident card must make and sign the application on their own behalf.



Minor applicants 14 years of age or more

(2) The application of a child who is 14 years of age or more but less than 18 years of age must be signed by the applicant and one of their parents unless


(a) a Canadian court has made another person responsible for the child, in which case that person must co-sign the application; or



(b) the parents are deceased, in which case the person legally responsible for the child must co-sign the application.




Minor applicants less than 14 years of age

(3) The application of a child who is less than 14 years of age must be signed by one of their parents unless


(a) a Canadian court has made another person responsible for the child, in which case that person must sign the application; or



(b) the parents are deceased, in which case the person legally responsible for the child must sign the application.



Providing address within 180 days

58. (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after their entry into Canada, their address in Canada and, on the request of an officer,


(a) a photograph of the permanent resident that satisfies the requirements of subparagraphs 56(2)(e)(i) and (iii) to (vii); and



(b) the signature of the permanent resident or, if the permanent resident is a child less than 14 years of age, the signature of one of their parents unless



(i) a Canadian court has made another person responsible for the child, in which case the signature of that person must be provided, or



(ii) the parents are deceased, in which case the signature of the person legally responsible for the child must be provided.




Issuance after 180 days

(2) If the permanent resident does not comply with subsection (1), they must make an application for a permanent resident card in accordance with section 56.



Attendance required

(3) A permanent resident who applies for a permanent resident card under section 56 must, in order to be provided with the card, attend at the time and place specified in a notice mailed by the Department. If the permanent resident fails to attend within 180 days after the Department first mails a notice, the card shall be destroyed and the applicant must make a new application in order to be issued a permanent resident card.



Document verification

(4) When attending in accordance with subsection (3), a permanent resident must produce the original documents copies of which were included in their application as required by paragraphs 56(2)(c) and (d).

SOR/2004-167, s. 17.


Issuance of new permanent resident card

59. (1) An officer shall, on application, issue a new permanent resident card if


(a) the applicant has not lost permanent resident status under subsection 46(1) of the Act;



(b) the applicant has not been convicted under section 123 or 126 of the Act for an offence related to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act;



(c) the applicant complies with the requirements of sections 56 and 57 and subsection 58(4); and



(d) the applicant returns their last permanent resident card, unless the card has been lost, stolen or destroyed, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act.




Issuance of new permanent resident card ? effect

(2) A previously issued permanent resident card is revoked on the issuance of a new permanent resident card.

SOR/2004-167, s. 18.


Revocation

60. A permanent resident card is revoked if


(a) the permanent resident becomes a Canadian citizen or otherwise loses permanent resident status;



(b) the permanent resident card is lost, stolen or destroyed; or



(c) the permanent resident is deceased.



Division 2

Residency Obligation


Canadian business

61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is


(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;



(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and



(i) that is capable of generating revenue and is carried on in anticipation of profit, and



(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or



(c) an organization or enterprise created by the laws of Canada or a province.


Roy
www.cvimmigration.com






[18-03-2007,09:33]
[**.52.216.162]
Roy
(in reply to: Canadian Franchies and PR card - Roy)
I never said I am computer literate. Here is the regulations .

Division 2

Residency Obligation


Canadian business

61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is


(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;



(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and



(i) that is capable of generating revenue and is carried on in anticipation of profit, and



(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or



(c) an organization or enterprise created by the laws of Canada or a province.


[18-03-2007,11:47]
[**.52.216.162]
Roy

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