Best pathway for Canadian citizen and UK partner living abroad

[dfdl1368]

Hello,

I am a Canadian citizen living in the UK with my British wife. We would like to move to Canada and are trying to determine our most sensible path forward.

Both of our current employers are willing to keep us on (probably as contract workers) after we move. I have family ties in NS where we intend to move to, an active bank account, a small piece of land in my name.

I'm confused about any possible interruption between moving to Canada and either of us being allowed to work (for foreign companies). Do we still need a work permit for this and should we expect an interruption? We'd like to prevent this, obviously.

I have seen guidance for 'Sponsoring your spouse while living in another country' and am thinking this might be best for us, although we're interested in whichever way would be fastest and simplest. I am hoping my bank account, family ties, etc is enough evidence of our intention, and we will also be looking to buy a home.

I have a lot more research to do but have recently become a UK citizen after 10+ years here and am frankly burnt out from navigating this stuff for so long. If anyone could give me some useful pointers of what might work best in our situation, it would be greatly appreciated.

 

[armoured]

I'm confused about any possible interruption between moving to Canada and either of us being allowed to work (for foreign companies). Do we still need a work permit for this and should we expect an interruption? We'd like to prevent this, obviously.

I have seen guidance for 'Sponsoring your spouse while living in another country' and am thinking this might be best for us, although we're interested in whichever way would be fastest and simplest. I am hoping my bank account, family ties, etc is enough evidence of our intention, and we will also be looking to buy a home.

-Short form: do as you suggested above, apply now, it might take up to 12 months to finalize (usually), move to Canada without interruption. Should you want to come together sooner, she'd do so as a visitor and best not to work while waiting for the PR status to be finalized.

-In that application, apart from the usual, you'll also have to show your intent to move to Canada. Bank, ties, etc, as you mentioned.

-As a Canadian, you can return and work/keep working with no interruption, basically. (Not sure about how you stop being considered resident in UK and paying taxes there). Not saying this will be most efficient, but basically you show up, say you're resident, get a place to live, register for health care and driver's license and start paying taxes on your worldwide income.

-For your spouse, if you want to do without interruption, apply as you mentioned above, wait for it to come through (up to 12 months usually, often shorter for UK/USA/Oz and NATO), move to Canada, you're done. (Interruption only to make arrangements for work)

-If you wish to actually move sooner, that's fine too - but it gets more complicated for your spouse working. In simple terms, spouse probably shouldn't work until the permanent resident status comes through. (It's fine if spouse comes before the PR status is ready, as a visitor). That will be the simplest.

-If you really want to come before that and she must work, gets more complicated with more details.

She could also come as a visitor and you apply 'inland', she'd be eligible to apply for an open work permit, but unclear how long that would take, and still interruption in work, similar set of issues.

 

[YVR123]

I think your wife can work for a foreign company if the company has no office, client/customer in Canada. (As a visitor without a work permit in Canada)
For both of you, you will need to discuss with your companies to make sure they proceed with the proper process.
(e.g. Some companies that have offices in Canada may want to transfer your position to one under their Canadian operation. I think it's related to their policy and taxes etc.)

 

[armoured]

I think your wife can work for a foreign company if the company has no office, client/customer in Canada. (As a visitor without a work permit in Canada)
For both of you, you will need to discuss with your companies to make sure they proceed with the proper process.
(e.g. Some companies that have offices in Canada may want to transfer your position to one under their Canadian operation. I think it's related to their policy and taxes etc.)

Just to note, I don't disagree with any of this, although not an expert. I would caution that I think for a UK citizen becoming a PR it may get complicated 'drawing the line' between when working in UK / in Canada before a PR / in Canada now as a PR when for much of that time no right to work in Canada.

Just sounds complicated. Might be feasible, I wouldn't want to try unless it was cirtical.

 

[dfdl1368]

Thanks everyone for your advice, this is very helpful and gives me some things to look into!

The employment situation will be the tricky part. I do believe I read something about there being a grace period regarding foreign employment/taxpaying but will of course do my homework there. Thanks again.

 

[armoured]

The employment situation will be the tricky part. I do believe I read something about there being a grace period regarding foreign employment/taxpaying but will of course do my homework there. Thanks again.

Yes. If you haven't started on the other main aspects of moving, submit the outland application as soon as you can and you'll have time for the rest. A few small notes:

-The stuff you have to show intent to move is a good start, esp if you add something about where you expect to live (even correspondence with a realtor). After you submit, keep collecting 'prep evidence' as they seem to ask for this fairly often these days.

-I didn't ask because I don't know much, but look into arrangements, considering possibly also a lawyer/tax advisor. You said 'contract workers', there may be better ways to do this including through your own company (but I don't know), with possibility to write off some expenses etc. But remaining employees might be preferable, too. (I think largely it's fine to be a Canada-based employee of a foreign compnay as long as you pay taxes)

 

[LotusLeodis]

Hello,

I am a Canadian citizen living in the UK with my British wife. We would like to move to Canada and are trying to determine our most sensible path forward.

Both of our current employers are willing to keep us on (probably as contract workers) after we move. I have family ties in NS where we intend to move to, an active bank account, a small piece of land in my name.

I'm confused about any possible interruption between moving to Canada and either of us being allowed to work (for foreign companies). Do we still need a work permit for this and should we expect an interruption? We'd like to prevent this, obviously.

I have seen guidance for 'Sponsoring your spouse while living in another country' and am thinking this might be best for us, although we're interested in whichever way would be fastest and simplest. I am hoping my bank account, family ties, etc is enough evidence of our intention, and we will also be looking to buy a home.

I have a lot more research to do but have recently become a UK citizen after 10+ years here and am frankly burnt out from navigating this stuff for so long. If anyone could give me some useful pointers of what might work best in our situation, it would be greatly appreciated.

We did an outland application from the UK. The main thing is for the Canadian to prove intent to return.

We explained what money we have, with evidence, ie How I will support Mr LL, and also a brief summary of our relationship and how we expect to get jobs in our fields.

We then did a soft landing before CoPR expired, so that we have a bit more time to sort things out in the UK, keeping in mind:
How long must I stay in Canada to keep my permanent resident status?

Good luck with your move home!

 

[dfdl1368]

Hi everyone,
We've begun working on this, thanks for your help so far.

In regard to our employment situation...
I (Sponsor) am with a UK company that will keep me on (probably as a contractor).
My wifes company is USA based but said they are able to employ her in Canada through a Canadian entity they apparently have.
All sounds good.

I haven't seen this anywhere, but will Canadian immigration take this at face value, or will we need to provide letters / confirmation from our employers?

For the 'intent' to move evidence, I've been able to show ties to Canada using bank accounts, a deed to a small piece of land, and a letter from a relative saying they can rent us accommodation.

Does this all sound ok?

 

[canuck78]

Hi everyone,
We've begun working on this, thanks for your help so far.

In regard to our employment situation...
I (Sponsor) am with a UK company that will keep me on (probably as a contractor).
My wifes company is USA based but said they are able to employ her in Canada through a Canadian entity they apparently have.
All sounds good.

I haven't seen this anywhere, but will Canadian immigration take this at face value, or will we need to provide letters / confirmation from our employers?

For the 'intent' to move evidence, I've been able to show ties to Canada using bank accounts, a deed to a small piece of land, and a letter from a relative saying they can rent us accommodation.

Does this all sound ok?

There is a good chance that you may need more proof that you will be relocating to Canada. If your employers are willing to put in writing your plans to work remotely and your wife’s plans to work out of a Canadian entity that would be very helpful to prove that you will be relocating. If your employers aren’t able to provide this information in writing now you could also submit the proof closer to the end of processing. If you give any other moving notices to things like landlords or sell your home if you have one you can also update your file with that proof. In general nothing is really taken at face value and proof is the best way to back up any statements. You are UK citizens so you won’t be treated with the same level of suspicion as people from countries where there is more to gain from immigration to Canada. You also seem to be part of a longterm relationship where as many applying have minimal relationship history especially in person. Canada sees lots of applications from arranged marriages where there has been no or minimal time together in person before getting married and the spouse returns back to Canada soon after marriage. Your case is very straightforward so I wouldn’t worry too much as long as your paperwork is correct and you have proof of relocation.

 

[dfdl1368]

There is a good chance that you may need more proof that you will be relocating to Canada. If your employers are willing to put in writing your plans to work remotely and your wife’s plans to work out of a Canadian entity that would be very helpful to prove that you will be relocating. If your employers aren’t able to provide this information in writing now you could also submit the proof closer to the end of processing. If you give any other moving notices to things like landlords or sell your home if you have one you can also update your file with that proof. In general nothing is really taken at face value and proof is the best way to back up any statements. You are UK citizens so you won’t be treated with the same level of suspicion as people from countries where there is more to gain from immigration to Canada. You also seem to be part of a longterm relationship where as many applying have minimal relationship history especially in person. Canada sees lots of applications from arranged marriages where there has been no or minimal time together in person before getting married and the spouse returns back to Canada soon after marriage. Your case is very straightforward so I wouldn’t worry too much as long as your paperwork is correct and you have proof of relocation.

Thanks very much, we'll get the letters to play it safe!

I'm also wondering if signatures are required if we are providing letters. Work should be able to provide digital signatures, but I am also enclosing a letter from my parents (they will be assisting with housing - staying with them immediately and then renting from my dad for a while). As long as contact info is there, do they need signatures?

Thanks again, help very much appreciated.

 

[scylla]

Hi everyone,
We've begun working on this, thanks for your help so far.

In regard to our employment situation...
I (Sponsor) am with a UK company that will keep me on (probably as a contractor).
My wifes company is USA based but said they are able to employ her in Canada through a Canadian entity they apparently have.
All sounds good.

I haven't seen this anywhere, but will Canadian immigration take this at face value, or will we need to provide letters / confirmation from our employers?

For the 'intent' to move evidence, I've been able to show ties to Canada using bank accounts, a deed to a small piece of land, and a letter from a relative saying they can rent us accommodation.

Does this all sound ok?

You would definitely want to provide evidence for these employment situations. Are your employers willing to give you letters confirming these arrangements are possible?

 

[canuck78]

Thanks very much, we'll get the letters to play it safe!

I'm also wondering if signatures are required if we are providing letters. Work should be able to provide digital signatures, but I am also enclosing a letter from my parents (they will be assisting with housing - staying with them immediately and then renting from my dad for a while). As long as contact info is there, do they need signatures?

Thanks again, help very much appreciated.

Parents don’t need handwritten signatures. They can provide digital ones if they want or none at all. Instructions should provide what banking records are acceptable. When sponsoring a spouse you only need to prove that you will be able to support yourselves without government help.

 

[Ponga]

In regard to our employment situation...
I (Sponsor) am with a UK company that will keep me on (probably as a contractor).
My wifes company is USA based but said they are able to employ her in Canada through a Canadian entity they apparently have.
All sounds good.

I haven't seen this anywhere, but will Canadian immigration take this at face value, or will we need to provide letters / confirmation from our employers?

You should get clarification from IRCC about this.

If your wife's company has an `entity' in Canada, that may be an issue if she comes to Canada before her PR application is completed. If a Canadian citizen or PR could be hired to do that same role, it certainly could be a problem. A visitor working remotely from Canada, does not require a work permit, but the company cannot be doing business in Canada, which this entity would be doing, nor can they be remunerated from within Canada.

Good luck!

 

[dfdl1368]

You should get clarification from IRCC about this.

If your wife's company has an `entity' in Canada, that may be an issue if she comes to Canada before her PR application is completed. If a Canadian citizen or PR could be hired to do that same role, it certainly could be a problem. A visitor working remotely from Canada, does not require a work permit, but the company cannot be doing business in Canada, which this entity would be doing, nor can they be remunerated from within Canada.

Good luck!

Just to clarify, we will wait overseas until approved and then move over once approved. In this case, there would be no issue with her employment situation, correct? Thanks

 

[Ponga]

Just to clarify, we will wait overseas until approved and then move over once approved. In this case, there would be no issue with her employment situation, correct? Thanks

Correct. This was really just in case you were also considering an Inland application where she would be a visitor in Canada during the process. She would be eligible for an Open Work Permit (OWP) once you/she has received the Acknowledgement of Receipt (AOR) notification from IRCC.

Also worth noting that a person that is in Canada can submit an Outland application, which were usually faster to process than Inland. In that case, the remote work comments would apply to her, especially since the OWP is not available to an Outland applicant.