US citizen moving to be with Canadian spouse

[innag]

Hey there,

My Canadian husband and me, a US citizen, have been married for two months, in a relationship for two years with me having visited Canada six times (week-long) over this period. We have PR applications filled out and ready to be submitted once I receive Ukrainian police records (I am originally from Ukraine). In the meantime, I am selling my house in the US (I believe not something to be mentioned at the border?), buying a house in Canada, and need to be present for co-signing on the mortgage. If all goes well at the border, I would be submitting my Inland PR application from Canada in order to be able to get an open work permit since my US employer can hire me through their Canadian branch while they do not want me to work remotely as US citizen in Canada because they were told by their lawyers it's not legal. Even though I did refer them to canada.ca where telecommuting for US company isn't considered as work that needs a Canadian work permit.
So the question is, how much should I tell the border officer? Can I tell that I am planning on submitting an Inland PR application once there? Or just mention an Outland application and say that I would be coming back to the US in a few months? Or that we are about to sign on our house? It would be devastating not to be let in and have the house purchase fall through due to my absence at the time of signing. When at the border, I am planning to have my US bank account statement, marriage certificate, copy of our PR application as well as receipt of paid PR fees. I can also bring a US suite lease agreement with me if necessary. Also, some forum threads mention that flying would be easier than driving in terms of border crossing, any input on that?
I appreciate you all!

 

[csarah15]

Hey there,

My Canadian husband and I, a US citizen, have been married for two months, in a relationship for two years with me having visited Canada six times (week-long) over this period. We have PR applications filled out and ready to be submitted once I receive Ukrainian police records (I am originally from Ukraine). In the meantime, I am selling my house in the US (I believe not something to be mentioned at the border?), buying a house in Canada and I need to be present for co-signing on the mortgage. If all goes well at the border, I would be submitting my PR application from Canada. My hope would be to stay in Canada for 3-4 months at a time then going to the US for 2-3 weeks, and coming back to Canada again. Being denied entry and seeing a purchase of our house fall through would be devastating. Can I tell the border officer that I am coming to sign on our house, help my husband move and then go back to the US in a few months, or should I leave purchase of a house out? When at the border, I am planning to have a US suite rental agreement, mail with US address on it, US bank account statement, marriage certificate, copy of our PR application as well as receipt of paid PR fees. Also, some forum threads mention that flying would be easier than driving in terms of border crossing, any input on that?
And lastly, the US company I am employed with wants me to work remotely from Canada but for some reason their lawyers are saying a US citizen telecommuting from Canada for a US company is illegal. I referred them to canada.ca where they state that long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada is allowed, but am yet to hear a definitive answer. Anyone dealt with this or has an advice?

I appreciate you all!

My husband also had the same problem. His company was originally OK with him working from here, but the lawyers said it was not possible, so he had to leave his job. I think the main thing is u can't 'work' in Canada if u don't have a Canadian work permit. Even if you work for an American company. Since also in the inland application, you are stated as a 'dependant' to ur spouse. This is my understanding and what my husband and I have been told and are doing currently.

 

[csarah15]

Hey there,

My Canadian husband and me, a US citizen, have been married for two months, in a relationship for two years with me having visited Canada six times (week-long) over this period. We have PR applications filled out and ready to be submitted once I receive Ukrainian police records (I am originally from Ukraine). In the meantime, I am selling my house in the US (I believe not something to be mentioned at the border?), buying a house in Canada, and need to be present for co-signing on the mortgage. If all goes well at the border, I would be submitting my Inland PR application from Canada in order to be able to get an open work permit since my US employer can hire me through their Canadian branch while they do not want me to work remotely as US citizen in Canada because they were told by their lawyers it's not legal. Even though I did refer them to canada.ca where telecommuting for US company isn't considered as work that needs a Canadian work permit.
So the question is, how much should I tell the border officer? Can I tell that I am planning on submitting an Inland PR application once there? Or just mention an Outland application and say that I would be coming back to the US in a few months? Or that we are about to sign on our house? It would be devastating not to be let in and have the house purchase fall through due to my absence at the time of signing. When at the border, I am planning to have my US bank account statement, marriage certificate, copy of our PR application as well as receipt of paid PR fees. I can also bring a US suite lease agreement with me if necessary. Also, some forum threads mention that flying would be easier than driving in terms of border crossing, any input on that?
I appreciate you all!

And about the border crossing ... It all depends on the border officer u get. I feel its best to be truthful, you have some work needed to be finalized so you will be going and will come back. But I suggest that u return with ur husband alongside you. Travelling by yourself, might be a red flag. They might question why are you alone out of the country for ... Amount of time. Again we are also in the same situation where we are travelling to our home country for a wedding and with our new born son, I would love to stay longer so my son can spend some more time with my in laws, but we r afraid if my husband returns alone 'leaving' his wife and kids in his home country it might raise red flags

 

[innag]

And about the border crossing ... It all depends on the border officer u get. I feel its best to be truthful, you have some work needed to be finalized so you will be going and will come back. But I suggest that u return with ur husband alongside you. Travelling by yourself, might be a red flag. They might question why are you alone out of the country for ... Amount of time. Again we are also in the same situation where we are travelling to our home country for a wedding and with our new born son, I would love to stay longer so my son can spend some more time with my in laws, but we r afraid if my husband returns alone 'leaving' his wife and kids in his home country it might raise red flags

Thanks for your input, and good luck with your travels to and from the US? Oh, and congratulations on a newborn!
One question, were you already married when your husband was entering Canada? If so, did you tell the border officer about your marriage and did he ask any questions regarding PR application and such?

 

[YVR123]

My husband also had the same problem. His company was originally OK with him working from here, but the lawyers said it was not possible, so he had to leave his job. I think the main thing is u can't 'work' in Canada if u don't have a Canadian work permit. Even if you work for an American company. Since also in the inland application, you are stated as a 'dependant' to ur spouse. This is my understanding and what my husband and I have been told and are doing currently.

From my understanding, visitor can work in Canada remotely as long as the company he works for is non-Canadian AND do not have any Canadian clients.

e.g. free lance translator that works online and only have non-Canadian clients.

 

[csarah15]

Thanks for your input, and good luck with your travels to and from the US? Oh, and congratulations on a newborn!
One question, were you already married when your husband was entering Canada? If so, did you tell the border officer about your marriage and did he ask any questions regarding PR application and such?

Thank You Yes we were already married for just under 3 years and I was also pregnant. I did tell the border patrol that we were married and also that we plan on settling in Canada and apply for an inland application. Our lawyer suggested we let them know, so they took us into the immigration area and noted down our info and let us enter Canada. Some people chose not to say anything, which also I understand. I think the main point is to be honest and not panic, if u panic they might think something is wrong

 

[innag]

Thank You Yes we were already married for just under 3 years and I was also pregnant. I did tell the border patrol that we were married and also that we plan on settling in Canada and apply for an inland application. Our lawyer suggested we let them know, so they took us into the immigration area and noted down our info and let us enter Canada. Some people chose not to say anything, which also I understand. I think the main point is to be honest and not panic, if u panic they might think something is wrong

I'm so glad you told me this - thank you! Happy to hear it worked for you guys, keeping my fingers crossed here as well.

 

[innag]

From my understanding, visitor can work in Canada remotely as long as the company he works for is non-Canadian AND do not have any Canadian clients.

e.g. free lance translator that works online and only have non-Canadian clients.

Do you think there is a way for me to prove this point? Looks like quite a few people on this forum mentioned being able to work remotely for a US based company. Any lawyer recommendations who could maybe help get a letter together proving that telecommuting would not be illegal?

 

[YVR123]

Do you think there is a way for me to prove this point? Looks like quite a few people on this forum mentioned being able to work remotely for a US based company. Any lawyer recommendations who could maybe help get a letter together proving that telecommuting would not be illegal?

This is a reply from a more senior member here regarding to working remotely for US employer.

On the contrary, in most cases it's perfectly legal to work remotely for a foreign company while in Canada. The main criteria is that you are being paid from a source outside Canada, and you are not doing work directly for Canadian clients/customers.

Whether she would need to report the foreign income to Canada, would depend on if she is deemed a resident for tax purposes by the CRA while being a visitor here. This is a whole other issue with no simple answer, so it's best to talk to an accountant in this case who has experience with US citizens visiting long-term in Canada.

May be @Rob_TO can help to find the source.

As you said, may be an immigration lawyer can help to draft a letter for the proof. But if your company do have Canadian clients and have a base in Canada, it's getting tricky.

 

[canuck78]

If your company has a Canadian headquarters you won't be able to work remotely. Remember you are still a visitor in Canada. Also make sure not to move your belongings. You can bring luggage in like any other visitor.