Remote work for a US company while living in Canada on a closed work permit

[iVictor]

Can anyone answer me? Is there really no one working remotely for a U.S. employer while in Canada on a closed work permit?

 

[canuck78]

Hi All,
I’ve started thinking about finding a second job in the US while residing in Canada on a closed work permit. I’m a Software Engineer, and finding a contract isn’t difficult, but I still have questions regarding Canadian immigration laws:

1. Am I allowed to work remotely on a contract for a US company (as a second job) while living in Canada with a closed work permit for my main job?
2. Can a US employer deposit a regular salary directly into my Canadian bank account?
3. Are there any official sources of information on this topic besides this link?
4. Could this cause issues with BC PNP TECH? I’ve already received an ITA and am waiting for a nomination.
5. Do I need to declare the US contract work in my Express Entry profile?

Thank you!

Not possible on your closed WP in Canada. You are only entitled to work for the employer stated on your WP and you are essentially asking to become self-employed in Canada at the same time.

 

[iVictor]

Then how should we interpret this point in the official documentation:

What kind of activities are not considered to be “work”?
long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html

 

[canuck78]

Then how should we interpret this point in the official documentation:

What kind of activities are not considered to be “work”?
long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html

If person was a visitor and was not paid in Canada that may be possible but that is not the situation described. Individual is on a closed work permit asking to take on self-employment in Canada. Whether the employer has any ties to Canada (offices or clients/customers also a factor).

 

[scylla]

Hi All,
I’ve started thinking about finding a second job in the US while residing in Canada on a closed work permit. I’m a Software Engineer, and finding a contract isn’t difficult, but I still have questions regarding Canadian immigration laws:

1. Am I allowed to work remotely on a contract for a US company (as a second job) while living in Canada with a closed work permit for my main job?
2. Can a US employer deposit a regular salary directly into my Canadian bank account?
3. Are there any official sources of information on this topic besides this link?
4. Could this cause issues with BC PNP TECH? I’ve already received an ITA and am waiting for a nomination.
5. Do I need to declare the US contract work in my Express Entry profile?

Thank you!

1. Yes, provided the US employer has no Canadian clients / does no business in Canada. You will also want to make sure your current employer knows you have a second job.
2. They should be able to. You will need to ask that employer.
3. Not sure.
4. Shouldn't impact in any way.
5. I would ask this in the PNP section.

 

[iVictor]

Not possible on your closed WP in Canada. You are only entitled to work for the employer stated on your WP and you are essentially asking to become self-employed in Canada at the same time.

From the same site:
What kind of activities are not considered to be “work”?

• long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;
• self-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians. Examples include a U.S. farmer crossing the border to work on fields that he owns, or a miner coming to work on his own claim;

In other words, remote work, even on a self-employed basis, is permitted.

 

[iVictor]

1. Yes, provided the US employer has no Canadian clients / does no business in Canada. You will also want to make sure your current employer knows you have a second job.
2. They should be able to. You will need to ask that employer.
3. Not sure.
4. Shouldn't impact in any way.
5. I would ask this in the PNP section.

Thank you for your answer. I also consulted an immigration advisor, and they confirmed that remote freelance work is allowed, and payments can be deposited into a Canadian account as foreign income.