Working in Canada

[myers1811]

Hello,

I am moving to Canada in November whilst waiting for my PR and common law visa to be approved.

I’m aware I can’t work till they have been approved, however, could I technically keep the job I have in the UK but work from Canada?

i work in customer service for a clothing brand that does have Canadian customers, but is it possible for me to just deal with the UK customers?

thanks

 

[PaoTalamantesh]

Hi. I had the same doubt as you. You can keep your job as long as your contract is not changed. This means that you can work as long as you do it hired from the UK and not from a company in Canada. It's like working from home.
My husband did the same to study at his Canadian university and receive his scholarships but we lived in Mexico.

 

[myers1811]

Thanks a lot for letting me know!!

do I need to let them know of this in my application? Also, do I need to let anyone know in Canada and is it okay that I will deal with Canadian customers?

 

[PaoTalamantesh]

Thanks a lot for letting me know!!

do I need to let them know of this in my application? Also, do I need to let anyone know in Canada and is it okay that I will deal with Canadian customers?

As far as I know you’re not obliged to say this once you enter Canada. But you do need to get this on your application on the Job section. Your income is not from a Canadian company, if I’m getting this you might deal with international customers but the company is from UK, your contracts are in the UK, you pay your taxes in UK. Canada or canadian customers have nothing to do as it is a remote job the one you do.

 

[myers1811]

As far as I know you’re not obliged to say this once you enter Canada. But you do need to get this on your application on the Job section. Your income is not from a Canadian company, if I’m getting this you might deal with international customers but the company is from UK, your contracts are in the UK, you pay your taxes in UK. Canada or canadian customers have nothing to do as it is a remote job the one you do.

What do you mean by put in on the job section? It’s on there as my most recent job when it’s asks for employment history.

or is there a part where you put that you’ll be working whilst in Canada?

 

[YVR123]

I would be more careful on this topic.
PaoTalamantesh's husband was studying. And it's not the same as working for an international company that has customers in Canada.

I am not saying you cannot work remotely. But I am not sure if you can. (or cannot)

 

[myers1811]

I would be more careful on this topic.
PaoTalamantesh's husband was studying. And it's not the same as working for an international company that has customers in Canada.

I am not saying you cannot work remotely. But I am not sure if you can. (or cannot)

I think she meant, he worked whilst he studied? I also could be wrong in that

 

[PaoTalamantesh]

I think she meant, he worked whilst he studied? I also could be wrong in that

He was studying and working for his canadian university as being a tourist in Mexico. But as doing it remotely he had no problems with his tourist status.

I mean that you can keep your job in the UK, but doing it remotely. If your job transfers you to an office or company in Canada it is different than if you only do your job remotely.

The section I am referring to is the employment history section in the immigration form.

 

[Underhill]

If the company you work for has ANY official presence or does any business in Canada (even obliquely, like a sub-division of a subsidiary of the UK company), you'd be violating your temporary visa by working remotely from Canada.

Normally a suggestion to consult an immigration attorney would be in order, but they're often looking at law that applies once you've been allowed to cross the border. The CBSA get very nervous about remote work in Canada without a work permit. Any whiff of impropriety when you're crossing the border and they'll show you the door right then and there. Proceed with caution.

 

[canuck78]

He was studying and working for his canadian university as being a tourist in Mexico. But as doing it remotely he had no problems with his tourist status.

I mean that you can keep your job in the UK, but doing it remotely. If your job transfers you to an office or company in Canada it is different than if you only do your job remotely.

The section I am referring to is the employment history section in the immigration form.

Disagree. If the employer has offices or has clients in Canada you can’t work for them without a work visa in Canada.

 

[canuck78]

Hi. I had the same doubt as you. You can keep your job as long as your contract is not changed. This means that you can work as long as you do it hired from the UK and not from a company in Canada. It's like working from home.
My husband did the same to study at his Canadian university and receive his scholarships but we lived in Mexico.

Living in Mexico and working while in Canada on as a visitor is very different.

 

[myers1811]

If the company you work for has ANY official presence or does any business in Canada (even obliquely, like a sub-division of a subsidiary of the UK company), you'd be violating your temporary visa by working remotely from Canada.

Normally a suggestion to consult an immigration attorney would be in order, but they're often looking at law that applies once you've been allowed to cross the border. The CBSA get very nervous about remote work in Canada without a work permit. Any whiff of impropriety when you're crossing the border and they'll show you the door right then and there. Proceed with caution.

Thanks for the info.

What about this though.

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

Scroll down a bit and you'll see "long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;"

That perfectly applies to me. (We do have some customers in Canada)

 

[canuck78]

Thanks for the info.

What about this though.

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

Scroll down a bit and you'll see "long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;"

That perfectly applies to me. (We do have some customers in Canada)

The part that you are highlighting is essentially saying you can work if the employer has no connection to Canada which doesn’t seem to be the case for your employer.

 

[Underhill]

Thanks for the info.

What about this though.

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

Scroll down a bit and you'll see "long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;"

That perfectly applies to me. (We do have some customers in Canada)

As Canuck78 responded, your company does have some business connection to Canada. That in and of itself, if you're remote working for said company, is enough to get you kicked out of the country.

My original point is that there are two sets of rules: one for people who are legally IN the country, and another (much more nebulous) for people ENTERING the country. A CBSA agent at the border has the right to turn you away for essentially any reason - even a suspicion. They likely won't indulge you with a deep-dive on the minute details of some buried rule that may or may not apply to your situation. They feel somethings not right? You get red-carded at the door.

You of course can challenge the decision made by some 22 year old kid with a badge and a Glock at the border, but you'll need to hire a business lawyer and an immigration lawyer in Canada to file a complaint with the court. Maybe they'll eventually decide in your favour. But, a year or two, and tens of thousands of (unrecoverable) dollars will have been spent.

Ask me how I know this. Wait - please don't...

Proceed with caution.