am I pushing my luck?

[abedelia]

Hi,
I entered Canada on a visitor record with my husband in July. I have a PhD and I am working for a US university--I have an arrangement with a Canadian collaborator where I can live in Canada working with them informally while I stay employed in the US and essentially telecommute. I have documentation from both groups about this arrangement so I have pretty good proof that I'm not looking for work here in Canada.

We decided that we'd like to live in Canada ultimately so I started the application for permanent residence this fall--applying OUTLAND. I am ready to submit my application except for the FBI criminal record check, which I requested in November and which they have received but have not returned to me (it is overdue by admission of the FBI).

Meanwhile, I had to apply to extend my visitor record in January. Assuming that goes through, I should be good on that until June/July. But even if I get my PR application in within the next couple of weeks, it will not be approved before my 2nd visitor record expires. Are they going to renew it for me for a 3rd time? Or will I have to leave Canada at that point? Does anyone have experience with multiple renewals of the visitor record under these circumstances?

Thank you very much.

 

[Baloo]

I have always been told "There is never a guarantee that you will get a visa, or visa extension", I arrange my life with that in mind.

I have an arrangement with a Canadian collaborator where I can live in Canada working with them informally

I have no idea what you mean by this, but I would be very careful about that "arrangement", we all know that unless you have authorization to work, you should not.
Your visitor record should clearly state the terms of your stay (on mine it specifically excludes working, so I do not work). You would not want "the arrangement" to come back and bite you.

Don't forget that your proof has to convince Canadian immigration, the other parties don't really count.

 

[abedelia]

I have always been told "There is never a guarantee that you will get a visa, or visa extension", I arrange my life with that in mind.

I have no idea what you mean by this, but I would be very careful about that "arrangement", we all know that unless you have authorization to work, you should not.
Your visitor record should clearly state the terms of your stay (on mine it specifically excludes working, so I do not work). You would not want "the arrangement" to come back and bite you.

Don't forget that your proof has to convince Canadian immigration, the other parties don't really count.

Sorry if I wasn't clear. I have explained this work situation to multiple Canadian immigration officials (while crossing the border when traveling and while asking for information related to my visitor record and my tentative application for PR) and discussed it with an immigration attorney. No problems. I was concerned also that there would be an issue with working from Canada while I'm here, but I've been reassured that this is not an issue, and I've concluded that it's important that I explain this because it provides evidence that I'm not attempting to enter the Canadian workforce. If letters from both my US employer and my Canadian collaborator along with pay stubs from my US employer don't convince them that I'm in a stable position in the US with no intention of seeking work under the table in Canada, then I don't know what would. I can't exactly claim that I don't work, because I do.

I am hoping that someone who has applied for a second extension to their visitor record might share their experience with me. I would find it very helpful to hear from someone who has legitimately lived in Canada on a visitor record while going through this process and could provide insight about what happens if the process takes longer than a year and the second extension is required. Thanks so much.

 

[RobsLuv]

• I have experience with multiple renewals of visitor records - as long as your PR application is still in process and you are still in your qualifying relationship, you shouldn't have an issue getting another extension.
  
  As far as the "working" - this is what you need to know: from CIC's Foreign Workers Manual, Section 5.1:
  What kind of activities are not considered to be “work”?
  • An activity which does not really ‘take away’ from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition. Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or Permanent Residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:
  • • volunteer work for which a person would not normally be remunerated, such as sitting on the board of a charity or religious institution; being a ‘big brother’ or ‘big sister’ to a child; being on the telephone line at a rape crisis centre. (Normally this activity would be part time and incidental to the main reason that a person is in Canada);
    • unremunerated help by a friend or family member during a visit, such as a mother assisting a daughter with childcare, or an uncle helping his nephew build his own cottage;
    • 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.
  
  There may be other types of unpaid short-term work where the work is really incidental to the main reason that a person is visiting Canada and is not a competitive activity, even though nonmonetary valuable consideration is received. For instance, if a tourist wishes to stay on a family farm and work part time just for room and board for a short period (i.e., 1-4 weeks), this person would not be considered a worker. We recognize that there may be overlap in activities that we do not consider to be work and those activities which are defined as work not requiring a work permit in R186. However, the net effect (no work permit required) is the same.

 

[abedelia]

RobsLuv--
Thank you so much. Thinking about it now, I am realizing that even though my PR will likely not be finalized by the time I have to apply for the second extension, my application will be in process by then, so that is something. So, hopefully they will approve my first extension.... I haven't yet filed my PR application, but I explained in the visitor record extension application that I am just waiting on my criminal record check to come back, which was requested in November, and that otherwise it is ready to go. I'm feeling better about this, thanks!!

And thank you so much for the information about the work visa issue--since I've never so much as raised an eyebrow with immigration officials when I tell them this, I was pretty sure this was the case, but this is very reassuring nonetheless.
Thanks!

 

[RobsLuv]

YW - Hope things go quicky and smoothly for you.