Applying for PGWP and SOWP extension with non-canadian job offer

[burn_the_sun]

Hello there,

I've recently completed my study and my partner is in Canada with me (on SOWP). Now I'll be applying for PGWP and their SOWP extension, however, I found that I'd need a job in order to get a chance at extending their work permit too.
Now, I have an offer from a US startup (working as an independent contractor) that I wish to take, however, a few people told me that I'd need a Canadian job (i.e. employer must be Canadian), is it true? On canada.ca, its not mentioned that it needs to be a Canadian employer hence the confusion. Anyone have any idea on this?

If it needs to be Canadian job, would something like an Employer of Record (EOR) work? (From what I've heard/read online, IRCC does not consider this? but I maybe wrong.).
If not EOR, would it work if the company is willing to incorporate in Canada (maybe just a branch or something -- Again not sure about the details and cost here)?

If nothing else, would I need a just an employment letter? or would I need paystubs etc? -- Asking this because in short time I maybe able to get an employment letter (i.e. if i get a job) but won't get any paystubs obviously.

Any help would be greatly appreciated.

Thank you.

 

[scylla]

Hello there,

I've recently completed my study and my partner is in Canada with me (on SOWP). Now I'll be applying for PGWP and their SOWP extension, however, I found that I'd need a job in order to get a chance at extending their work permit too.
Now, I have an offer from a US startup (working as an independent contractor) that I wish to take, however, a few people told me that I'd need a Canadian job (i.e. employer must be Canadian), is it true? On canada.ca, its not mentioned that it needs to be a Canadian employer hence the confusion. Anyone have any idea on this?

If it needs to be Canadian job, would something like an Employer of Record (EOR) work? (From what I've heard/read online, IRCC does not consider this? but I maybe wrong.).
If not EOR, would it work if the company is willing to incorporate in Canada (maybe just a branch or something -- Again not sure about the details and cost here)?

If nothing else, would I need a just an employment letter? or would I need paystubs etc? -- Asking this because in short time I maybe able to get an employment letter (i.e. if i get a job) but won't get any paystubs obviously.

Any help would be greatly appreciated.

Thank you.

You need both an employment letter as well as payslips from a Canadian employer. An employment letter alone is not sufficient.

 

[Naturgrl]

Hello there,

I've recently completed my study and my partner is in Canada with me (on SOWP). Now I'll be applying for PGWP and their SOWP extension, however, I found that I'd need a job in order to get a chance at extending their work permit too.
Now, I have an offer from a US startup (working as an independent contractor) that I wish to take, however, a few people told me that I'd need a Canadian job (i.e. employer must be Canadian), is it true? On canada.ca, its not mentioned that it needs to be a Canadian employer hence the confusion. Anyone have any idea on this?

If it needs to be Canadian job, would something like an Employer of Record (EOR) work? (From what I've heard/read online, IRCC does not consider this? but I maybe wrong.).
If not EOR, would it work if the company is willing to incorporate in Canada (maybe just a branch or something -- Again not sure about the details and cost here)?

If nothing else, would I need a just an employment letter? or would I need paystubs etc? -- Asking this because in short time I maybe able to get an employment letter (i.e. if i get a job) but won't get any paystubs obviously.

Any help would be greatly appreciated.

Thank you.

You need a Canadian job with a Canadian office. You need employment letter and paystubs. If company wants to set up Canadian office then they will need to look at federal/provincial laws to incorporate. Get their lawyers to work with Canadian counsel.

 

[YVR123]

Hello there,

I've recently completed my study and my partner is in Canada with me (on SOWP). Now I'll be applying for PGWP and their SOWP extension, however, I found that I'd need a job in order to get a chance at extending their work permit too.
Now, I have an offer from a US startup (working as an independent contractor) that I wish to take, however, a few people told me that I'd need a Canadian job (i.e. employer must be Canadian), is it true? On canada.ca, its not mentioned that it needs to be a Canadian employer hence the confusion. Anyone have any idea on this?

If it needs to be Canadian job, would something like an Employer of Record (EOR) work? (From what I've heard/read online, IRCC does not consider this? but I maybe wrong.).
If not EOR, would it work if the company is willing to incorporate in Canada (maybe just a branch or something -- Again not sure about the details and cost here)?

If nothing else, would I need a just an employment letter? or would I need paystubs etc? -- Asking this because in short time I maybe able to get an employment letter (i.e. if i get a job) but won't get any paystubs obviously.

Any help would be greatly appreciated.

Thank you.

Your employer will need to incorporate in Canada and it seems excessive cost for employing a single employee.

The point of you getting PGWP and getting SOWP for your spouse is for you and spouse to work in Canada. If it's a remote job, you may as well work in your home country.

 

[burn_the_sun]

Your employer will need to incorporate in Canada and it seems excessive cost for employing a single employee.

The point of you getting PGWP and getting SOWP for your spouse is for you and spouse to work in Canada. If it's a remote job, you may as well work in your home country.

I understand that, and this for our current situation, the job search in Canada is in progress. So while that is in progress, I wanted to see if there is a way to apply for extension as that process will take time. (And even if I were to get a job, it'll take another month or two to get couple of paystubs and in the meantime my partner's visa may expire).
And thank you for your response.

 

[burn_the_sun]

You need a Canadian job with a Canadian office. You need employment letter and paystubs. If company wants to set up Canadian office then they will need to look at federal/provincial laws to incorporate. Get their lawyers to work with Canadian counsel.

Do you know if an Employer of Record (EOR) is/would be acceptable?

Thank you for your response.

 

[Naturgrl]

Do you know if an Employer of Record (EOR) is/would be acceptable?

Thank you for your response.

Canadian employer gives ROE which is employment history. Why would you need it…usually for EI.

 

[burn_the_sun]

it seems excessive cost for employing a single employee

Can you elaborate? I mean I get that for one employee it seems excessive but the cost part, I don't have a lot of knowledge in that area so not sure about the cost. They showed interest in doing this so wanted to ask if it'd help. Furthermore, doing that would allow them to hire more Canadians if they want to (but thats a separate thing ig).

 

[burn_the_sun]

Canadian employer gives ROE which is employment history. Why would you need it…usually for EI.

Yes, sorry. My question was about Employer of Record approach --

An Employer of Record (EOR) is a company that legally hires employees on behalf of another business. EORs can be used to hire employees in countries where the business does not have a local entity, or to minimize the costs and complications of hiring international talent.

So whichever company here is used (Oyster, Deel, Remote are some examples) will handle everything, T4 etc. Hence, the question, would that work?

Sorry If I misunderstood your initial answer.

 

[scylla]

I understand that, and this for our current situation, the job search in Canada is in progress. So while that is in progress, I wanted to see if there is a way to apply for extension as that process will take time. (And even if I were to get a job, it'll take another month or two to get couple of paystubs and in the meantime my partner's visa may expire).
And thank you for your response.

Technically there's nothing stopping your spouse from applying for the SOWP extension without the required supporting documents. However then your spouse will be eventually refused, end up in Canada without status, and have to go through the restoration process.

I suppose another option is for your spouse to have their employer get an approved LMIA and then switch to a closed work permit, assuming the employer is willing to go through the process and there's enough time to make all of this happen.

 

[scylla]

Yes, sorry. My question was about Employer of Record approach --



So whichever company here is used (Oyster, Deel, Remote are some examples) will handle everything, T4 etc. Hence, the question, would that work?

Sorry If I misunderstood your initial answer.

Will they issue your payslips?

 

[burn_the_sun]

Also, another thing I just realized is that its kind of impossible to get paystubs and apply for PGWP + SOWP extension together? There is an option that allows us to apply for both together, which I assume will eventually be processed sequentially but still. So, I completed my studies hence I can't work anymore, and I can work if and only if I apply for PGWP (+ SWOP extension as we're thinking of applying together and since there is an option), if we think about it, I can only get an employment letter and there is no chance of getting a paystub in this case.
So either the PGWP + SOWP extension together doesn't make sense or I don't need paystub?

Sorry just thinking out loud.

 

[burn_the_sun]

Will they issue your payslips?

Yes I assume they will (as far as I know). They'll also issue T4 (eventually) according to what I read.

 

[burn_the_sun]

Technically there's nothing stopping your spouse from applying for the SOWP extension without the required supporting documents. However then your spouse will be eventually refused, end up in Canada without status, and have to go through the restoration process.

I suppose another option is for your spouse to have their employer get an approved LMIA and then switch to a closed work permit, assuming the employer is willing to go through the process and there's enough time to make all of this happen.

Yes ofc we can apply but as you mentioned it will be refused so there is no point in applying. As for LMIA I don't think my partner is in a field where they can get LMIA approved job or something.

 

[scylla]

Yes I assume they will (as far as I know). They'll also issue T4 (eventually) according to what I read.

So that is good. You want to have 2-3 payslips before you submit the SOWP extension.