OCTOBER 2020 OUTLAND Spousal Sponsorship

[jclarke99]

You won't have a problem in Canada working remotely unless your company does business with Canadian customers. In that case you are not legally allowed to do it.

Can you please provide a reference showing eligibility to work remotely in Canada if the company does not do business with Canadian customers, because I can not find such a reference?
Meanwhile, I did find the following on an official Govt of Canada site, where the following question is asked...
"I am sponsoring my spouse or partner who is in Canada. Can they work while their application is being processed?"
Here's the response...

"Yes, but only if they have a work permit.
If you’re sponsoring your spouse, they can apply for an open work permit.
It will take us about 4 to 5 months to process the open work permit application.
Remember that while your spouse or partner’s permanent residence application is being processed, they must
- maintain legal status as a visitor, student or worker in Canada, and
- wait for their work permit application to be approved before starting to work"

No mention of "not doing business with Canadian customers".

Here's a link to the full post...
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

Here's a related link "Bridging open work permit for permanent residence applicants". This one speaks to PR application using Express Entry, but the response is the same - need to apply for a valid work permit.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

 

[Canada2020eh]

Can you please provide a reference showing eligibility to work remotely in Canada if the company does not do business with Canadian customers, because I can not find such a reference?
Meanwhile, I did find the following on an official Govt of Canada site, where the following question is asked...
"I am sponsoring my spouse or partner who is in Canada. Can they work while their application is being processed?"
Here's the response...

"Yes, but only if they have a work permit.
If you’re sponsoring your spouse, they can apply for an open work permit.
It will take us about 4 to 5 months to process the open work permit application.
Remember that while your spouse or partner’s permanent residence application is being processed, they must
- maintain legal status as a visitor, student or worker in Canada, and
- wait for their work permit application to be approved before starting to work"

No mention of "not doing business with Canadian customers".

Here's a link to the full post...
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

Here's a related link "Bridging open work permit for permanent residence applicants". This one speaks to PR application using Express Entry, but the response is the same - need to apply for a valid work permit.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

Honestly, no I can't, I am re-iterating what seems to be common knowledge on this forum as I have seen it posted many many times to people in your situation. Hopefully some senior members will be able to help more.
@scylla @canuck78

 

[jclarke99]

Honestly, no I can't, I am re-iterating what seems to be common knowledge on this forum as I have seen it posted many many times to people in your situation. Hopefully some senior members will be able to help more.
@scylla @canuck78

The closest I've found to this is the following (notice the part in bold)....
"
Thanks to the USMCA (United States-Mexico-Canada Agreement), it is much easier for a United States citizen to obtain a work permit in Canada. However, there are still requirements that must be met. These requirements include:

• You must have a job offer from a Canadian employer
• The job offer must be listed in the USMCA agreement
• You must be able to prove you are a United States citizen
• You must be able to demonstrate that you have work experience and education that make you qualified for the job you’ve been offered.

You may also be required to obtain a positive LMO. This is also called a Labour Market Opinion, and your employer will obtain this on your behalf while giving you a copy for your work permit application. This assures the Canadian government that there are no Canadians available to fill the job you’ve been offered."

 

[sgp1986]

I never applied for a work permit because I never planned on actually moving before having my PR approved. And also, if I'm working remotely from home for my company in the US, I don't think a work permit would be required, correct? That would only be for if I was working for a Canadian company?

I do know that if I'm able to work remotely there full time, then my taxes will be more confusing, but I figure I'd cross that bridge if I get to it

 

[armoured]

The closest I've found to this is the following (notice the part in bold)....
"
Thanks to the USMCA (United States-Mexico-Canada Agreement), it is much easier for a United States citizen to obtain a work permit in Canada. However, there are still requirements that must be met. These requirements include:

• You must have a job offer from a Canadian employer
• The job offer must be listed in the USMCA agreement
• You must be able to prove you are a United States citizen
• You must be able to demonstrate that you have work experience and education that make you qualified for the job you’ve been offered.

You may also be required to obtain a positive LMO. This is also called a Labour Market Opinion, and your employer will obtain this on your behalf while giving you a copy for your work permit application. This assures the Canadian government that there are no Canadians available to fill the job you’ve been offered."

You have to look in a different place, and I'm not an expert. What you've looked at above is how to temporarily or longer work for a Canadian company.

There are rules for example what work one can undertake while on a TRV. You can have business meetings, check your email, work online while in Canada on vacation, etc.

Basically it is the rules that apply if you are doing work for a foreign establishment while you 'happen to be' in Canada.

There are specific rules as to when you need work permit in Canada and when a tax obligation in Canada arises so that individuals or companies don't abuse it.

I'm sorry I can't give better hints as to where to look for proper information. Tax or labour or immigration lawyers have part of the info but each looking from (often) their own perspective.

 

[jclarke99]

Canada2020eh - I think I found the CRA source about being able to work in Canada, without requiring a work permit, if you don't do business with any Canadian customers. It's R186 and R187 of the Immigration and Refugee Protection Regulations (”IRPR”). R186 is a list of scenarios that wouldn't require a work permit, but perhaps most relevant to this discuss is "a business visitor to Canada within the meaning of R187.”
"
According to R187(3), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if:

1. The primary source of remuneration for the business activities is outside Canada; and
2. The principal place of business and actual place of accrual of profits remain predominantly outside Canada."

So, there you have it.

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

https://www.lexology.com/library/detail.aspx?g=8a013073-1f15-4fb7-a452-ff0cce5a285e

 

[sgp1986]

So I'm trying to get this straight, does this apply to if I was there on the 6 months allowed by the US/Canada, before having an approved PR? or is this for after the PR process?

 

[cjr]

I never applied for a work permit because I never planned on actually moving before having my PR approved. And also, if I'm working remotely from home for my company in the US, I don't think a work permit would be required, correct? That would only be for if I was working for a Canadian company?

I do know that if I'm able to work remotely there full time, then my taxes will be more confusing, but I figure I'd cross that bridge if I get to it

My understanding is that if you're working as an Independent Contractor (1099) for the US company, the company and you are pretty much good to go, no work permit needed, and the responsibility for correct tax returns/reporting/payment/etc is on you.

It's far, far more complicated for your employer if you're salaried (W-2). That's when the your employer's relationship with, and legal presence in Canada comes into play.

Note: I'm neither a lawyer, nor an accountant...

 

[armoured]

So I'm trying to get this straight, does this apply to if I was there on the 6 months allowed by the US/Canada, before having an approved PR? or is this for after the PR process?

After or you are a resident with right to work and likely will be liable for taxes. But see al lawyer or accountant.

 

[sgp1986]

My understanding is that if you're working as an Independent Contractor (1099) for the US company, the company and you are pretty much good to go, no work permit needed, and the responsibility for correct tax returns/reporting/payment/etc is on you.

It's far, far more complicated for your employer if you're salaried (W-2). That's when the your employer's relationship with, and legal presence in Canada comes into play.

Note: I'm neither a lawyer, nor an accountant...

Yes, I am a salaried employee. But if they are willing to let me work remotely, I'm sure switching to 1099 would be the easiest solution.

Unrelated question. Is there any point to calling in for a temporary number aside from just knowing that they're currently looking at your application?

 

[jclarke99]

Yes, I am a salaried employee. But if they are willing to let me work remotely, I'm sure switching to 1099 would be the easiest solution.

Unrelated question. Is there any point to calling in for a temporary number aside from just knowing that they're currently looking at your application?

The info I've provided pertains to your situation as a "visitor" of Canada - while you're waiting for your PR approval.

I obtained a temp number, so that I could reference it via Web form to address some typos on my original application. But you apparently don't even need a temp number to use Web form (but the agent said to include your Passport number for reference).

 

[sgp1986]

The info I've provided pertains to your situation as a "visitor" of Canada - while you're waiting for your PR approval.

I obtained a temp number, so that I could reference it via Web form to address some typos on my original application. But you apparently don't even need a temp number to use Web form (but the agent said to include your Passport number for reference).

Understood, thank you. Hopefully I will be able to spend some time there while waiting for my PR and working remotely. I feel like I'm constantly checking my email hoping to be lucky and get that email lol

 

[Canada2020eh]

Canada2020eh - I think I found the CRA source about being able to work in Canada, without requiring a work permit, if you don't do business with any Canadian customers. It's R186 and R187 of the Immigration and Refugee Protection Regulations (”IRPR”). R186 is a list of scenarios that wouldn't require a work permit, but perhaps most relevant to this discuss is "a business visitor to Canada within the meaning of R187.”
"
According to R187(3), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if:

1. The primary source of remuneration for the business activities is outside Canada; and
2. The principal place of business and actual place of accrual of profits remain predominantly outside Canada."

So, there you have it.

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

https://www.lexology.com/library/detail.aspx?g=8a013073-1f15-4fb7-a452-ff0cce5a285e

Thanks for digging that up.

 

[cad13]

Hello
Does anybody know the timeline for Aor1 now days?
I am October 19th applicant

thanks

 

[dw33]

I was roughly 5.5 months for AOR 1. I have seen some lately getting in now around 4-5 months.