Previously worked remotely in Canada while on an ETA, will this be a problem for spouse visa application?

[Tuxedosushi]

I am being sponsored by my wife for a spouse visa with OWP. Over the past few years I spent many months in Canada working for an Australian company (no Canadian offices), my permanent residence / tax home was the UK. I was never denied entry nor did I ever overstay in Canada.

Questions:

• Does the IRCC care about this? The top answer here suggests the remote work I did was within the rules.
• My wife and I rented an apt. in Canada. Is it wise to use that lease as proof of relationship?

Any insight here would be greatly appreciated.

 

[armoured]

I am being sponsored by my wife for a spouse visa with OWP. Over the past few years I spent many months in Canada working for an Australian company (no Canadian offices), my permanent residence / tax home was the UK. I was never denied entry nor did I ever overstay in Canada.

Questions:

• Does the IRCC care about this? The top answer here suggests the remote work I did was within the rules.
• My wife and I rented an apt. in Canada. Is it wise to use that lease as proof of relationship?

Any insight here would be greatly appreciated.

No obvious reason to worry on the first point. Proof of living together is proof of living together; they shouldn't care whether you were at a hotel or an airbnb or renting a flat.

 

[Underhill]

I am being sponsored by my wife for a spouse visa with OWP. Over the past few years I spent many months in Canada working for an Australian company (no Canadian offices), my permanent residence / tax home was the UK. I was never denied entry nor did I ever overstay in Canada.

Questions:

• Does the IRCC care about this? The top answer here suggests the remote work I did was within the rules.
• My wife and I rented an apt. in Canada. Is it wise to use that lease as proof of relationship?

Any insight here would be greatly appreciated.

Working remotely in Canada without a work permit is fine if you're not taking a job away from a Canadian. Your company has no offices here or does any kind of business in Canada? You're fine.

The residential lease is a double edged sword: IRCC absolutely LOVES seeing this to verify cohabitation. CBSA however, hates it, and could use it as a reason to deny you entry into Canada at a crossing. So, tell the IRCC about your lease, and don't mention it to CBSA when crossing (as a visitor), unless they ask you of course (never lie to CBSA...).

 

[AmyL]

Working remotely in Canada without a work permit is fine if you're not taking a job away from a Canadian. Your company has no offices here or does any kind of business in Canada? You're fine.

The residential lease is a double edged sword: IRCC absolutely LOVES seeing this to verify cohabitation. CBSA however, hates it, and could use it as a reason to deny you entry into Canada at a crossing. So, tell the IRCC about your lease, and don't mention it to CBSA when crossing (as a visitor), unless they ask you of course (never lie to CBSA...).

Do you know any other reason they would not let people in at crossing?

 

[Underhill]

Do you know any other reason they would not let people in at crossing?

CBSA agents have very wide discretion when it comes to allowing people into Canada. Unless you're a citizen they can deny you entry based solely on a gut feeling - they need no actual proof of something wrong. Considering this, the list of reasons is immeasurably long. Best to honestly answer all of CBSA's questions when crossing the border.

 

[Idrissrafd]

CBSA agents have very wide discretion when it comes to allowing people into Canada. Unless you're a citizen they can deny you entry based solely on a gut feeling - they need no actual proof of something wrong. Considering this, the list of reasons is immeasurably long. Best to honestly answer all of CBSA's questions when crossing the border.

You said "Unless you're a citizen"...what about a PR ?

 

[Underhill]

You said "Unless you're a citizen"...what about a PR ?

A citizen gets due process if the CBSA agent thinks there's a major issue. A PR can be denied entry for any reason (even a gut feeling on the agents part). As a PR who's been denied entry you certainly have the right to contest the CBSA's actions, but you'd most likely have to do it from outside of Canada. Expect to spend a couple of years and thousands of dollars to get a CBSA flag overturned.

Keep in mind these are extreme examples, and unless you've really screwed up somehow you'd most likely be allowed to enter even if there are minor issues.

And really, it mostly depends on the CBSA agent you get at the crossing. Most are professional, courteous and reasonable. Some however, are certainly none of those things...

 

[armoured]

A citizen gets due process if the CBSA agent thinks there's a major issue. A PR can be denied entry for any reason (even a gut feeling on the agents part). As a PR who's been denied entry you certainly have the right to contest the CBSA's actions, but you'd most likely have to do it from outside of Canada. Expect to spend a couple of years and thousands of dollars to get a CBSA flag overturned.

Keep in mind these are extreme examples, and unless you've really screwed up somehow you'd most likely be allowed to enter even if there are minor issues.

And really, it mostly depends on the CBSA agent you get at the crossing. Most are professional, courteous and reasonable. Some however, are certainly none of those things...

I don't believe a PR can be refused entry. Even when cbsa starts the process to revoke status, they must let the PR into Canada. At a port of entry.

 

[Underhill]

I don't believe a PR can be refused entry. Even when cbsa starts the process to revoke status, they must let the PR into Canada. At a port of entry.

They can refused entry. Absolutely.

 

[armoured]

They can refused entry. Absolutely.

At a port of entry, this is not true:
https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-5.html#h-274418

Right of entry of permanent residents

(2) An officer shall allow a permanent resident to enter Canada if satisfied following an examination on their entry that they have that status.

That's it - this is the only test - a confirmation that the PR has the status of permanent resident. In practice, this does not even require a valid PR card - just sufficient information to identify that the PR has status that has not been revoked.

Note that I did specify at a port of entry - the issue of whether a PR can board a plane is a distinct and separate matter (a valid PR card will generally be needed).

Note that this language mirrors exactly what applies to citizens and registered Indians: "an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian." The shall is quite strong (legally) and compelling. The only reason either citizen or PR can be denied entry (at a port of entry) is if they are not satisfied the person is a citizen or PR.

 

[Underhill]

At a port of entry, this is not true:
https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-5.html#h-274418



That's it - this is the only test - a confirmation that the PR has the status of permanent resident. In practice, this does not even require a valid PR card - just sufficient information to identify that the PR has status that has not been revoked.

Note that I did specify at a port of entry - the issue of whether a PR can board a plane is a distinct and separate matter (a valid PR card will generally be needed).

Note that this language mirrors exactly what applies to citizens and registered Indians: "an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian." The shall is quite strong (legally) and compelling. The only reason either citizen or PR can be denied entry (at a port of entry) is if they are not satisfied the person is a citizen or PR.

Good link.

However-

A CBSA agent has the authority to deny anyone but a citizen entry into Canada for any reason - and no CBSA Superintendent has the authority to override an agents decision at the time of entry. Only in court can the above statute be argued in an attempt to overturn the decision of the original agent. Or, an inquiry can be made to CBSA requesting an internal investigation. A CBSA investigation can take many months, or even years.

While I have never been denied entry into Canada, a PR friend was (in my presence). My friend hired a lawyer who determined that to pursue a remedy in court would take years and cost in excess of $20,000, so he requested a CBSA investigation to be completed instead. The result of the nearly two year long investigation overturned the decision of the original CBSA agent, but the findings showed that the agent was within their authority to deny the PR entry at the time.

 

[armoured]

A CBSA agent has the authority to deny anyone but a citizen entry into Canada for any reason - and no CBSA Superintendent has the authority to override an agents decision at the time of entry.

Well, by law, this is not the case - the only basis should/can be that the officer is not satisfied the individual IS a PR. The language of the law is quite clear that it is exactly the same 'test' as for a citizen.

But yes, things happen, and perhaps most importantly, getting redress/the situation fixed can be lengthy and challenging.

This does not mean however a PR can be denied 'for any reason;' the scope of denials is quite limited. (I should note that there may be other statutes that interact, "hair on fire" / imminent public danger - I don't know).

While I have never been denied entry into Canada, a PR friend was (in my presence).

Too little information to be able to say anything about this. There must have been a reason given.

 

[Idrissrafd]

Good link.

However-

A CBSA agent has the authority to deny anyone but a citizen entry into Canada for any reason - and no CBSA Superintendent has the authority to override an agents decision at the time of entry. Only in court can the above statute be argued in an attempt to overturn the decision of the original agent. Or, an inquiry can be made to CBSA requesting an internal investigation. A CBSA investigation can take many months, or even years.

While I have never been denied entry into Canada, a PR friend was (in my presence). My friend hired a lawyer who determined that to pursue a remedy in court would take years and cost in excess of $20,000, so he requested a CBSA investigation to be completed instead. The result of the nearly two year long investigation overturned the decision of the original CBSA agent, but the findings showed that the agent was within their authority to deny the PR entry at the time.

That’s really extreme. People always used to tell me PR is like citizenship except for few things (voting, politics, etc). Imagine you’ve a house, a job, kids, etc, and you are not even sure if you can enter « your country » (by country I mean your permanent residency). Imagine the stress that you might have because your whole life depends on the mood of the agent.

 

[AutumnSkies]

That’s really extreme. People always used to tell me PR is like citizenship except for few things (voting, politics, etc). Imagine you’ve a house, a job, kids, etc, and you are not even sure if you can enter « your country » (by country I mean your permanent residency). Imagine the stress that you might have because your whole life depends on the mood of the agent.

I honestly would not stress about this. Even with the above story about the friend, I’m sure there’s likely more to the story than ‘the friend got denied despite being a PR because the CBSA officer didn’t like the look of him.’

If you’re a law abiding person with your paperwork and your affairs in order, particularly when you’re a PR, the chances of this happening are slim to none, especially if you have travelled outside the country on multiple occasions. (And even if you haven’t you may just get a few extra questions, not a big deal)

Can only speak from personal experience, but even before my New Zealand husband got PR, the first time he ever entered Canada he was pulled into secondary, where he was truthful about coming to visit his Canadian girlfriend in person for the first time, and they called me to confirm his details and that I was expecting a visitor. (I answered everything about him correctly and confidently.) He left Canada at the time he was supposed to. Anytime after that when he came to visit me both as a visitor and coming on a working holiday visa, he was never questioned again and they barely glanced at his paperwork. Now he is a PR and no problems. Same when I went to New Zealand despite us travelling together with two different passports. Officer never even asked us our relationship to each other, barely glanced at our paperwork, and sent us through the green line. Again, we are law abiding people who always have our affairs and papers in order.

You really don’t have anything to worry about as long as you’re honest, prepared, and have given CBSA every reason to trust you.

 

[Underhill]

I honestly would not stress about this. Even with the above story about the friend, I’m sure there’s likely more to the story than ‘the friend got denied despite being a PR because the CBSA officer didn’t like the look of him.’

You really don’t have anything to worry about as long as you’re honest, prepared, and have given CBSA every reason to trust you.

First off, apologies to the OP - I seemed to have pulled us off topic with a bit drama...

Secondly, while the exact details of my friends experience aren't really mine to share here, I can assure you, it was a rather mundane issue. The CBSA agent was in an extremely bad mood when we first approached him, and he just kept pounding on my friend. All of the other agents nearby steered clear of our interaction, and occasionally gave us glances of condolences.

The odds are certainly in the favour of an honest person legitimately crossing the border. So, you're right, mine is an extreme example. It's rare. But it does happen.