Working from outside Canada after PR approved via OINP

[maple_syrup_ftw]

Hi,

I'm currently working as a Contractor with a Canadian company from Toronto. I'm planning to get a Canadian PR via OINP. My company can give an LMIA and a job offer letter.

Now, my question is: can I still work as a Contractor with this company even after I get the PR?

i.e. instead of switching over to a full-time role living in Canada, can I still work as I used to work from a different country even when I have the PR?

 

[canuck78]

Hi,

I'm currently working as a Contractor with a Canadian company from Toronto. I'm planning to get a Canadian PR via OINP. My company can give an LMIA and a job offer letter.

Now, my question is: can I still work as a Contractor with this company even after I get the PR?

i.e. instead of switching over to a full-time role living in Canada, can I still work as I used to work from a different country even when I have the PR?

Yes you could get a job offer. There may be some questions about whether you will actually be changing from a consulting role to a full-time role. If you land as a PR and essentially continue working your consulting job from abroad that could be considered misrepresenting on your application.

 

[maple_syrup_ftw]

Yes you could get a job offer. There may be some questions about whether you will actually be changing from a consulting role to a full-time role. If you land as a PR and essentially continue working your consulting job from abroad that could be considered misrepresenting on your application.

Thanks for your reply.

Okay, so, if they give me a full-time job offer, I submit my application for OINP. Later, let's say they approve my PR. Now, I go to Canada for about a month. Get my PR card / health card and then come back to my native country, I'm not doing anything wrong, right?

 

[moscatojuices]

Hi,

I'm currently working as a Contractor with a Canadian company from Toronto. I'm planning to get a Canadian PR via OINP. My company can give an LMIA and a job offer letter.

Now, my question is: can I still work as a Contractor with this company even after I get the PR?

i.e. instead of switching over to a full-time role living in Canada, can I still work as I used to work from a different country even when I have the PR?

The point of provincial nomination programs is for you to live in the province that you were nominated.

These programs ask you to make written declarations or commitments to live in that province once you land. You will be asked about your detailed settlement plans at some or various stages of your application journey. These plans will need to satisfy IRCC's and OINP's high standards. Failure to produce these plans and not possess a genuine intention to reside in the province where you have a job constitutes misrepresentation or could lead to refusal of your application.

You sound like you have no actual interest in coming to Canada, but you want to get away with having a PR card for free while working for a Canadian employer from another country.

In that case, you shouldn't apply for a provincial immigration program.

I have to say though, why you would want PR in Canada, but not live in Canada, is very strange.

 

[maple_syrup_ftw]

The point of provincial nomination programs is for you to live in the province that you were nominated.

These programs ask you to make written declarations or commitments to live in that province once you land. You will be asked about your detailed settlement plans at some or various stages of your application journey. These plans will need to satisfy IRCC's and OINP's high standards. Failure to produce these plans and not possess a genuine intention to reside in the province where you have a job constitutes misrepresentation or could lead to refusal of your application.

You sound like you have no actual interest in coming to Canada, but you want to get away with having a PR card for free while working for a Canadian employer from another country.

In that case, you shouldn't apply for a provincial immigration program. Stick with Express Entry - that way you have no obligation to reside in Canada even if you get PR through this stream.

I have to say though, why you would want PR in Canada, but not live in Canada, is very strange.

Thanks a lot. That was super-helpful.

Due to a family situation, I'm not in a position to move to Canada on a long-term basis. I'm looking to get a Canadian PR because it will provide me better opportunities for the future. Let's say I lose my current Canadian job. I can come there on a temporary basis, get a job, work for some time and ask the employer if they allow remote.

Anyways, for an Express Entry visa, would I need an offer letter from my employer or just an LMIA (to get maximum points)?

 

[moscatojuices]

Thanks a lot. That was super-helpful.

Due to a family situation, I'm not in a position to move to Canada on a long-term basis. I'm looking to get a Canadian PR because it will provide me better opportunities for the future. Let's say I lose my current Canadian job. I can come there on a temporary basis, get a job, work for some time and ask the employer if they allow remote.

Anyways, for an Express Entry visa, would I need an offer letter from my employer or just an LMIA (to get maximum points)?

I see. Refer to: https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=10

You need an LMIA in order for it to constitute a valid job offer for EE.

 

[maple_syrup_ftw]

I see. Refer to: https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=10

You need an LMIA in order for it to constitute a valid job offer for EE.

Yes, I've read about the 730 day rule. This means I have to stay in Canada for 730 days or else my PR won't be renewed, right?

For EE, I'll just have to get to the pool and wait for the FSWP invitation rounds to start, right?

Is there any way I can expedite the process or boost my chances since I'm already working with a Canadian employer?

 

[moscatojuices]

Yes, I've read about the 730 day rule. This means I have to stay in Canada for 730 days or else my PR won't be renewed, right?

For EE, I'll just have to get to the pool and wait for the FSWP invitation rounds to start, right?

Is there any way I can expedite the process or boost my chances since I'm already working with a Canadian employer?

Read through the rules of maintaining PR carefully.

You can't just "expedite" processes in Canadian immigration in most cases. There are nearly 2 million applications in CIC's backlog, and the only folks they're favoring right now are Ukrainians and Afghans (for obvious reasons) and Inland applicants (due to the pandemic). Your application will be processed in accordance with CIC processing times that most of the rest of us are subject to.

I believe remote work is counted as Canadian work experience for the purposes of immigration only when you're physically present in Canada and your contract clearly stipulates that your location of work is in Canada and in accordance with Canadian/provincial labor market laws (including wages and time off). As you don't have a work permit, you count as a foreign employee and your experience is still foreign work experience for your FSWP profile.

Let's put it this way: You working in India for Indian wages remotely for a Canadian company does not count as Canadian work experience. Just like me working in Britain for British wages for an American company does not count as American work experience.

To be honest with you, your application sounds like a waste of time. You want to come to Canada, but it doesn't seem like you can feasibly stay here. You probably want to think through your circumstances very carefully before you waste your and your employer's time with LMIA paperwork, fees, all the documents you need to fill etc.

Good luck.

 

[maple_syrup_ftw]

Read through the rules of maintaining PR carefully.

You can't just "expedite" processes in Canadian immigration in most cases. There are nearly 2 million applications in CIC's backlog, and the only folks they're favoring right now are Ukrainians and Afghans (for obvious reasons) and Inland applicants (due to the pandemic). Your application will be processed in accordance with CIC processing times that most of the rest of us are subject to.

I believe remote work is counted as Canadian work experience for the purposes of immigration only when you're physically present in Canada and your contract clearly stipulates that your location of work is in Canada and in accordance with Canadian/provincial labor market laws (including wages and time off). As you don't have a work permit, you count as a foreign employee and your experience is still foreign work experience for your FSWP profile.

Let's put it this way: You working in India for Indian wages remotely for a Canadian company does not count as Canadian work experience. Just like me working in Britain for British wages for an American company does not count as American work experience.

To be honest with you, your application sounds like a waste of time. You want to come to Canada, but it doesn't seem like you can feasibly stay here. You probably want to think through your circumstances very carefully before you waste your and your employer's time with LMIA paperwork, fees, all the documents you need to fill etc.

Good luck.

Okay, I get what you're saying.

How about I accept the full-time job offer which my employer is willing to give me, take the PR, create a Canadian Bank account and my office location would still be in Toronto. After finishing off the formalities, I return back to my native country since my job is fully remote anyways. Now, my employer would cut taxes and I'd draw salary in my Canadian bank account. I can remit that money to my country. If I do this, I'm not breaking any law and it makes sense with my situation, doesn't it?

This article states that if I'm abroad and working for a Canadian employer, it should count towards my PR status.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

 

[Copingwithlife]

Thanks for your reply.

Okay, so, if they give me a full-time job offer, I submit my application for OINP. Later, let's say they approve my PR. Now, I go to Canada for about a month. Get my PR card / health card and then come back to my native country, I'm not doing anything wrong, right?

You just can’t make this stuff up

“ I’m not doing anything wrong?”

What do you think ?

if your goal was to always live in your home country , why go thru the process of applying for PR ?

 

[moscatojuices]

Okay, I get what you're saying.

How about I accept the full-time job offer which my employer is willing to give me, take the PR, create a Canadian Bank account and my office location would still be in Toronto. After finishing off the formalities, I return back to my native country since my job is fully remote anyways. Now, my employer would cut taxes and I'd draw salary in my Canadian bank account. I can remit that money to my country. If I do this, I'm not breaking any law and it makes sense with my situation, doesn't it?

This article states that if I'm abroad and working for a Canadian employer, it should count towards my PR status.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

The main issues would be:

1) Why would your employer want to take all this effort for you (reference letters, LMIA, etc.) and pay you more money to work in Canada, if you're not actually working in Canada long-term? I know that's between you and your employer, but I know I wouldn't do that for any employee.

2) "Now, my employer would cut taxes and I'd draw salary in my Canadian bank account" - your taxes cannot simply be "cut". I think what you mean is cut your wage as you're moving back to your native country? This would likely be a breach of Canada's employer compliance laws and constitute fraud, especially if it was obtained through an LMIA. What you're basically saying is that you want immigration and labor market laws to suit your situation and that's not how it works. The whole point of the immigration process is to get you to move to Canada permanently. The whole point of an LMIA is to benefit Canada. The way you're structuring your employment affairs seems to the contrary.

3) Yes that article does state that, but again back to my previous post, your inferences suggest that you want to chop and change between being a Canadian employee (legally speaking), getting your PR, going back home, and becoming a foreign employee (legally speaking) again so I'm not 100% sure if it would count if your contract was reverted into your contractor position.

4) If you were to pull this maneuver with the PNP route, you would likely be making a representation as you would have misled the OINP/IRCC about your settlement plans, because your plan is to not settle in Canada let's face it. You just want the PR and then to go back home.

 

[maple_syrup_ftw]

The main issues would be:

1) Why would your employer want to take all this effort for you (reference letters, LMIA, etc.) and pay you more money to work in Canada, if you're not actually working in Canada long-term? I know that's between you and your employer, but I know I wouldn't do that for any employee.

2) "Now, my employer would cut taxes and I'd draw salary in my Canadian bank account" - your taxes cannot simply be "cut". I think what you mean is cut your wage as you're moving back to your native country? This would likely be a breach of Canada's employer compliance laws and constitute fraud, especially if it was obtained through an LMIA. What you're basically saying is that you want immigration and labor market laws to suit your situation and that's not how it works. The whole point of the immigration process is to get you to move to Canada permanently. The whole point of an LMIA is to benefit Canada. The way you're structuring your employment affairs seems to the contrary.

3) Yes that article does state that, but again back to my previous post, your inferences suggest that you want to chop and change between being a Canadian employee (legally speaking), getting your PR, going back home, and becoming a foreign employee (legally speaking) again so I'm not 100% sure if it would count if your contract was reverted into your contractor position.

4) If you were to pull this maneuver with the PNP route, you would likely be making a representation as you would have misled the OINP/IRCC about your settlement plans, because your plan is to not settle in Canada let's face it. You just want the PR and then to go back home.

No, wait, I think you misunderstood my "cut" your taxes line. Maybe I didn't write it clearly. Let me rephrase.

Consider a scenario where my employer wants to offer me a full-time job. I accept the full-time job, apply for a PR and move to Canada. I have a Canadian bank account where my employer regularly deposits salary. I pay taxes to the Canadian government. Everything goes on merrily until I have to return back to my native country. Now, I move back to my country but since my job is fully remote I continue working with my current job. I regularly pay taxes to the Canadian government like a good Permanent Resident and transfer money from my Canadian bank account to the bank account in my native country. Am I missing something or does this sound rad to you?

Also, one more point is that I'm "currently" not in a position to move to Canada. Maybe after 2 years, things might change. I'm just applying right now for my PR since I'm already working with a Canadian employer and I can maximise my points.

Hope this was clear. Or else, let me know if you need any clarification. (Anyways, thanks for this discussion)

 

[moscatojuices]

No, wait, I think you misunderstood my "cut" your taxes line. Maybe I didn't write it clearly. Let me rephrase.

Consider a scenario where my employer wants to offer me a full-time job. I accept the full-time job, apply for a PR and move to Canada. I have a Canadian bank account where my employer regularly deposits salary. I pay taxes to the Canadian government. Everything goes on merrily until I have to return back to my native country. Now, I move back to my country but since my job is fully remote I continue working with my current job. I regularly pay taxes to the Canadian government like a good Permanent Resident and transfer money from my Canadian bank account to the bank account in my native country. Am I missing something or does this sound rad to you?

Also, one more point is that I'm "currently" not in a position to move to Canada. Maybe after 2 years, things might change. I'm just applying right now for my PR since I'm already working with a Canadian employer and I can maximise my points.

Hope this was clear. Or else, let me know if you need any clarification. (Anyways, thanks for this discussion)

Given the LMIA element in your application, your employer has numerous compliance obligations and you might too, so I'm not 100%.

 

[maple_syrup_ftw]

You just can’t make this stuff up

“ I’m not doing anything wrong?”

What do you think ?

if your goal was to always live in your home country , why go thru the process of applying for PR ?

That's because, "currently" I do not have any plans to move to Canada. But, they might change after 2 years. I don't wanna miss on this opportunity right now since I'm already working with a Canadian employer.

 

[scylla]

Okay, I get what you're saying.

How about I accept the full-time job offer which my employer is willing to give me, take the PR, create a Canadian Bank account and my office location would still be in Toronto. After finishing off the formalities, I return back to my native country since my job is fully remote anyways. Now, my employer would cut taxes and I'd draw salary in my Canadian bank account. I can remit that money to my country. If I do this, I'm not breaking any law and it makes sense with my situation, doesn't it?

This article states that if I'm abroad and working for a Canadian employer, it should count towards my PR status.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

It won't count towards PR. The rule is very restrictive. You need to be hired for a job in Canada and work in that role for a while. You then need to be transferred to a role outside of Canada with the operations of that company in a different country. Your scenario definitely won't count.

You definitely aren't breaking the law. However you will need to physically live in Canada for 2 out of every 5 rolling years to keep your PR status.