Roy et al, Your Expert Opinion Please

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Subject: Roy et al, Your Expert Opinion Please
  I am a Canadian PR from India, who landed in Toronto in January 2010 along with his wife and adult son, who is working as a Project Manager in an IT Co in UAE. All of us returned back after around 40 days to wind up our establishments in the respective countries. My son is now moving permanently to Canada after having resigned from his job and is planning to set up an IT company in Vancouver. I being in the mid-fifties, am a little hesitant to resign from the current well paying job in India and move to Canada and face the uncertain future. One option is for me to join my son and jointly run the company, but that would be compounding the risk, because the returns from the business are uncertain at the moment. Hence the only alternative I can think of is my going back to Canada, getting employed in my son´s company and then going to India again to work for the said company from India until my son establishes himself in the new business - may be a couple of years. My question is, is this legal and would the period I spend outside Canada as an employee of my son´s company count towards the mandatory 730 days´ stay? The company would be legitimate, and not a sham just to bye-pass the immigration system.

Sorry for the long winding querry, but I do not want to go wrong in this after waiting for almost 12 years for the PR status.

(in reply to: Roy et al, Your Expert Opinion Please)
As long as your sons Canadian company pays taxes and you can show that your actually working for the Canadian company all should be fine. The company is not suppose to be set up to circumvent the residency obligations.

Read the Regulations regarding residency and the manuals. All should be fine.

Please do not call me an expert the difference is in the details.


(in reply to: Roy et al, Your Expert Opinion Please)
sorry. I have a problem with this - legal or not. The skilled worker applicant (Raj, in this case) gets the family into Canada and then proceeds to leave the country and go back home because the opportunities are better. I don´t think this is what the skilled worker program was designed for.

An IT start up in Vancouver... in this economy? The existing established businesses are struggling- how is your son expecting to pay the bills?

Why come in the first place?

(in reply to: Roy et al, Your Expert Opinion Please)
No no and no.

In order to keep your PR status while working for a Canadian company abroad you have to be a FULL TIME permanent employee.

Let´s see.....
Your son is starting an IT company in Vancouver that is not going to make any money at least in the very begining, he has no employees and you guys have no business in India and on top of that you are going to be employed by another company and use his son´s company as a shiled to maintain your PR status?

Good luck. Revenue Canada must be smiling over this one and CBSA will eat you alive when the time comes.

Both of you have got it wrong! (in reply to: Roy et al, Your Expert Opinion Please)
Dear Sharon, DocD,

I can understand your skepticism - or is it suspicion? Well, my son is actually going to start an IT company in Vancouver AND it is going to make money, though it may take a while. I can´t divulge the business plan and the product he is developing at the moment, but if everything goes well, you may even hear about his success after a few years.

Incidentally he is currently in UAE, and is moving to Canada after resigning his job that pays him a salary much above the average Canadian IT manager´s. And he is doing it because he knows he is going to be successful as an entrepreneure. I belive it too.

Who said it is going to be a one-man company! The moment he manages to sell the idea to his first client, he would have to start hiring the staff to work with him - and experts at that.

Sharon, please look at things with an open mind for a change. Did I say that I am going to continue working for my present company in India? I said I would work for my son´s company in India until he settles down in the new venture. And he already has a global IT business, albeit small, that has tremendouse potential to grow in India as well, in addition to what he is planning to do. And once he shifts to Canada, both, and anything else he opts to do, will be headquarted in Canada. Anyway, employment is not the reason I wish to stay back in India as long as I can. My immigrant visa came almost 12 years after I initially applied, and hence the ´winding up´ process will take a little while. Moreover, if my son needs additional funds at short notice, I can produce it more easily sitting in India, rather than from Canada.

DocD too has jumped to the conclusion that I am going to work for another company and use my son´s company as a shiled. Is the statement that I would work for the ´same company from India´ that created the confusion? If so, read the whole sentence again.

And yes, bot I and my son believe that IT start ups can succeed - even in THIS economy. If you know what, when and how.

Roy, thanks. We seem to be on the same page. Any additional suggestions would be welcome.


(in reply to: Roy et al, Your Expert Opinion Please)
we are making conclusions based on what you said - nothing more. You said you were reluctant to resign - I don´t know what that means to you but that tells me you intend to retain your job in India.

I have no doubt that your son intends to success in Canada. I also have 3 IT clients at the moment that are far better connected that your son likely is and their management team is job sharing because the US market is still slow.

You have a Residency Clock that is ticking. All your plans have a protracted time line to work. (if indeed CIC buys your story).

So, even with an open mind - I´d say you are creating a very difficult scenario for yourself. You came for some advice and feedback - we gave it to you... and now you don´t like it.

Sir, we can´t help you.

(in reply to: Roy et al, Your Expert Opinion Please)

I did say the difference is in the details and plenty of others have gotten away with setting up these type of companies. There is also H&C issues to be considered.

Regardless if the kid stays here he can sponsor the father back if someone at Immigration finds that the company was only set up to circumvent the regulations.

He was given the advice to read the regulations and IF he is in IT business he should have no difficulty finding the manuals and regulations regarding residency.


Let me clarify (in reply to: Roy et al, Your Expert Opinion Please)

Yes, I am reluctant to resign my current well paying job and face the uncertain future in Canada - YET. Hence my son is moving to Canada alone now.

Once he succedes in setting up a company there and has at least one big client (if things work out the way he has planned, one big client is all that he needs in the beginning to start earning decent revenues), I resign and start working for his company.

The advice I am seeking is only whether there is anything in the rule books against a parent being employed in the son´s Canadian company and working abroad. CIC can do any amount of digging and they would not find anything amiss with the company or its business. It is going to be a cent percent legitimate Canadian company - whether I work for it or otherwise. Thanks for everbody´s advice, though.

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