As a visitor, what am I ALLOWED to do while waiting?

[kangamoose]

Unless you are on an OWP, you should check into your specific restrictions. For visitors, online work, such as etsy or elance, is non-permissible, as it's paid work that could be done by a Canadian.

Yes I have an open work permit, I am well aware of my conditions.

How is online work non-permissable? If you set your location to your home country and pay relevant taxes etc you are not taking work from a Canadian, you are doing work that is based in your home country. CIC even state this http://www.cic.gc.ca/english/resources/tools/temp/work/about.asp

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.
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.

 

[Ponga]

Unless you are on an OWP, you should check into your specific restrictions. For visitors, online work, such as etsy or elance, is non-permissible, as it's paid work that could be done by a Canadian.

That's incorrect. A foreign national does not need a work permit to work remotely as long as they are not working for a Canadian company and/or individual, that is IN Canada, and they are not remunerated IN Canada or Canadian funds.

 

[Mapleson]

That's incorrect. A foreign national does not need a work permit to work remotely as long as they are not working for a Canadian company and/or individual, that is IN Canada, and they are not remunerated IN Canada or Canadian funds.

I agree with your facts, but not the interpretation. In the case of Etsy, they are establishing a digital store based in Canada.

(http://www.canadavisa.com/canada-immigration-discussion-board/confusion-about-selling-things-online-without-a-working-permit-t105160.0.html)

 

[Ponga]

I agree with your facts, but not the interpretation. In the case of Etsy, they are establishing a digital store based in Canada.

(http://www.canadavisa.com/canada-immigration-discussion-board/confusion-about-selling-things-online-without-a-working-permit-t105160.0.html)

Agreed.

Selling original artwork from within Canada and working remotely for someone that is based outside of Canada, are vastly different scenarios.

 

[kangamoose]

I can see where you both are coming from.

My store is fully digital. I sell files, there are no physical goods involved.

Currently I'm selling out of Canada because I have an OWP but if I didn't and my business was registered in Aus, I'd paying Australian tax and getting paid in Australian dollars (granted by people from around the world not just Australia).

From what you have said if an Australian company was paying me to do exactly the same thing I'm doing it would be ok. Why is it different because I own the business?

My quote from CIC still makes sense here:

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.
self-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians

 

[Snowisland]

This post has lots of good ideas. It reminded me that when I went to the tax preparer with my husband I saw a sign offering a class about how to prepare taxes. I intend to take that class after I move or during a visit. I just want to be educated about the taxes and therefore be able to make good financial/investment decisions.

 

[Ponga]

I can see where you both are coming from.

My store is fully digital. I sell files, there are no physical goods involved.

Currently I'm selling out of Canada because I have an OWP but if I didn't and my business was registered in Aus, I'd paying Australian tax and getting paid in Australian dollars (granted by people from around the world not just Australia).

From what you have said if an Australian company was paying me to do exactly the same thing I'm doing it would be ok. Why is it different because I own the business?

My quote from CIC still makes sense here:

It looks like you're very familiar with CIC's Foreign Worker manual (FW01), which only confirms that this could be a very slippery slope.

This may help:

http://www.cic.gc.ca/english/resources/tools/temp/work/permit/business/index.asp

There is the presumption of a foreign employer:

* The primary source of the worker’s remuneration remains outside Canada
* The principal place of the worker’s employer is located outside Canada
* The accrual of profits of the worker’s employer is located outside Canada.


Since you are a sole proprietor that is NOT outside of Canada, wouldn't you agree that this is a possible breach of not needing a WP?

It's really a moot point, since you DO have an OWP and have authorization to do what you...do.

 

[kangamoose]

It looks like you're very familiar with CIC's Foreign Worker manual (FW01), which only confirms that this could be a very slippery slope.

This may help:

http://www.cic.gc.ca/english/resources/tools/temp/work/permit/business/index.asp

There is the presumption of a foreign employer:

* The primary source of the worker's remuneration remains outside Canada
* The principal place of the worker's employer is located outside Canada
* The accrual of profits of the worker's employer is located outside Canada.


Since you are a sole proprietor that is NOT outside of Canada, wouldn't you agree that this is a possible breach of not needing a WP?

It's really a moot point, since you DO have an OWP and have authorization to do what you...do.

Ah I see, from that it would appear to not be allowed... It's good to know in-case my OWP runs out before my PR arrives