Working from home country with Work visa

[KailashP]

Hi Friends,
I have a situation where my employer is about to file my LMIA based work visa (for a 3 year validity) but I have a personal situation that requires me to work out of my home country. Need some help/ guidance with the following:

1. If I work for a year from my home country and then attempt to enter Canada using the LMIA based work visa will be prohibited at Port of Entry ? (Since I wouldn't have entered for a year will that raise eyebrows at Port of Entry?)
2. Will I jeopardize the validity of my LMIA based work visa , by working from my home country for a year ?
3. Will my employer face any issues in permitting my by working for a year from my home country ?

Thanks.

 

[Naturgrl]

Hi Friends,
I have a situation where my employer is about to file my LMIA based work visa (for a 3 year validity) but I have a personal situation that requires me to work out of my home country. Need some help/ guidance with the following:

1. If I work for a year from my home country and then attempt to enter Canada using the LMIA based work visa will be prohibited at Port of Entry ? (Since I wouldn't have entered for a year will that raise eyebrows at Port of Entry?)
2. Will I jeopardize the validity of my LMIA based work visa , by working from my home country for a year ?
3. Will my employer face any issues in permitting my by working for a year from my home country ?

Thanks.

1. Not as long as you have a TRV.
2. No.
3. No. In fact you don’t even need a work permit if you are not working in Canada. Experience doesn’t count as Canadian.

 

[KailashP]

Thank you for your reply @Naturgrl . For #3, however the question is I still want the ability to enter Canada sometimes within the year (like meetings etc).

Also #4, do I have to worry about taxes if I work out of home country, any pointers would greatly help. Thanks

 

[canuck78]

Hi Friends,
I have a situation where my employer is about to file my LMIA based work visa (for a 3 year validity) but I have a personal situation that requires me to work out of my home country. Need some help/ guidance with the following:

1. If I work for a year from my home country and then attempt to enter Canada using the LMIA based work visa will be prohibited at Port of Entry ? (Since I wouldn't have entered for a year will that raise eyebrows at Port of Entry?)
2. Will I jeopardize the validity of my LMIA based work visa , by working from my home country for a year ?
3. Will my employer face any issues in permitting my by working for a year from my home country ?

Thanks.

You may need a new WP because start date will be a year later. Your landing document may have expired by then. If you aren’t going to be working and living in Canada you also shouldn’t attempt to land on that work permit only to leave or that would be misrepresentation. If the landing date on your WP has expired yes you will likely need a new LMIA. Even if not expired you could run into issues if you move a year after getting your WP. There is no issue for your employer hiring a consultant that lives abroad. They aren’t hiring someone on a WP in Canada In your case they are hiring someone who lives and works abroad which does not require a WP. How you pay someone if in Canada or abroad is very different. Is your employer aware you plan on working from your home country for a year? If so they may want to renegotiate your pay. As already mentioned this will not count as Canadian experience. A WP has a location specified and requires you to live and work in Canada in the location specified.

 

[canuck78]

Thank you for your reply @Naturgrl . For #3, however the question is I still want the ability to enter Canada sometimes within the year (like meetings etc).

Also #4, do I have to worry about taxes if I work out of home country, any pointers would greatly help. Thanks

You aren’t actually working in Canada. If coming for meetings once in a while you should apply for a business visitor visa. WP is not meant for people to work from abroad and come for a few meetings.

 

[KailashP]

You may need a new WP because start date will be a year later. Your landing document may have expired by then. If you aren’t going to be working and living in Canada you also shouldn’t attempt to land on that work permit only to leave or that would be misrepresentation. If the landing date on your WP has expired yes you will likely need a new LMIA. Even if not expired you could run into issues if you move a year after getting your WP. There is no issue for your employer hiring a consultant that lives abroad. They aren’t hiring someone on a WP in Canada In your case they are hiring someone who lives and works abroad which does not require a WP. How you pay someone if in Canada or abroad is very different. Is your employer aware you plan on working from your home country for a year? If so they may want to renegotiate your pay. As already mentioned this will not count as Canadian experience. A WP has a location specified and requires you to live and work in Canada in the location specified.

Thank you @canuck78 your points make total sense. I see how this can snowball into an refusal to enter Canada. But can I atleast manage my personal circumstances by working in my home country for six months and then in Canada for six months in a year (if my employer is willing to support that request). Please advice.

 

[canuck78]

Thank you @canuck78 your points make total sense. I see how this can snowball into an refusal to enter Canada. But can I atleast manage my personal circumstances by working in my home country for six months and then in Canada for six months in a year (if my employer is willing to support that request). Please advice.

WPs aren’t meant to allow you to work remotely. The terms of your WP are for you to work in Canada in the specified location on your WP. If you want to work from your home country get hired as a consultant and work from your home country. Even if your employer allows this if you land and leave and are declaring that you are a tax resident of Canada (CRA will need to assess your tax status if you spend so much time abroad) and living in Canada for over 6 months you would not be working under the terms of your WP. Your employer could also run into problems getting WPs in the future if you are not living and working in Canada. Apply for a WP when you are able to live and work in Canada full-time and get a business visa to enter Canada a few times a year. You also may not qualify for provincial healthcare in some provinces because you will never meet the residency requirement. If your goal is to get permanent status in Canada follow the terms of your WP.

 

[KailashP]

WPs aren’t meant to allow you to work remotely. The terms of your WP are for you to work in Canada in the specified location on your WP. If you want to work from your home country get hired as a consultant and work from your home country. Even if your employer allows this if you land and leave and are declaring that you are a tax resident of Canada (CRA will need to assess your tax status if you spend so much time abroad) and living in Canada for over 6 months you would not be working under the terms of your WP. Your employer could also run into problems getting WPs in the future if you are not living and working in Canada. Apply for a WP when you are able to live and work in Canada full-time and get a business visa to enter Canada a few times a year. You also may not qualify for provincial healthcare in some provinces because you will never meet the residency requirement. If your goal is to get permanent status in Canada follow the terms of your WP.

Thank you @canuck78 for your inputs here makes sense. But it is important to note that the LMIA is based on a job position which had advertised as remote work is available. Do you still think the issues you’d highlighted will apply ?.

 

[canuck78]

Thank you @canuck78 for your inputs here makes sense. But it is important to note that the LMIA is based on a job position which had advertised as remote work is available. Do you still think the issues you’d highlighted will apply ?.

Never heard of a work permit being approved for remote work but there could be some rare situations where you may be able to justify remote work within Canada but not from abroad. There is usually a location specified on your WP and your employer typically has to specify where they are located and justify why you need to be physically present in Canada and come into the office. If you could work remotely from abroad there would be no need to grant someone a work permit. Consultants working from abroad are regularly hired by Canadian employers. If you want to work remotely from your home country ask your employer to hire you as a consultant.

 

[Simba112]

Thank you @canuck78 for your inputs here makes sense. But it is important to note that the LMIA is based on a job position which had advertised as remote work is available. Do you still think the issues you’d highlighted will apply ?.

Remote work while in Canada. LMIA has validity period as well, best way is for your to be employer to issue apply for the LMIA soon as you are ready to work in Canada.

 

[KailashP]

Remote work while in Canada. LMIA has validity period as well, best way is for your to be employer to issue apply for the LMIA soon as you are ready to work in Canada.

Thank you @Simba112 and @canuck78 , but what if I start my LMIA and working in Canada and then return to my home for a few months and then come back to Canada ?

 

[canuck78]

Thank you @Simba112 and @canuck78 , but what if I start my LMIA and working in Canada and then return to my home for a few months and then come back to Canada ?

Still not allowed under WP. A short trip to visit your home country is fine but you are talking about substantial time abroad and you are also planning on spending time abroad before even arriving in Canada. Spending a a few months if there is a sudden emergency (like a family member has a heart attack and is in the hospital) may be able to be justified to IRCC but you know you want/have to spend many months abroad even up to 6 months. WPs are granted to allow businesses to employ people in Canada. Knowing that you want to work remotely from your home country you could easily change to working as a consultant and there is no need for a WP. Obviously you’ll need to check with the employer. Your employer has also told IRCC they need someone to work in Canada because they can’t find a candidate in Canada. If you don’t stay in Canada then they may struggle to get WPs in the future or apply for another WP for you.

 

[KailashP]

Thank you @canuck78 , you have put this to rest …… mic drop !!