Can a Visitor work for a foreign institute remotely from Canada without a Canadian work permit?

[Psyer]

Dear all, I will start working for a German research laboratory remotely from Canada starting in this May. This job has no connections with any Canadian company or clients at all, and all my income will be paid in Euro to my German bank account. Do I need to apply for a Canadian work permit?

More information about me: I have a multi-entry TRV, and I plan to submit a spousal sponsorship application for permanent residence soon. I am a Chinese citizen. I live in Canada currently with my Canadian spouse.

 

[canuck78]

Is the lab in a school?

 

[Psyer]

Is the lab in a school?

Yes, it's in a university. I will work for them as a visiting scholar, but I will work remotely from Canada.

 

[Psyer]

I just wonder if doing so is legal.

 

[Psyer]

I wouldn't be able to apply for a Canadian work permit anyway, as this is not a Canadian employer. This job doesn't meet the requirements for any type of Canadian work permit, open or closed.

 

[canuck78]

Yes, it's in a university. I will work for them as a visiting scholar, but I will work remotely from Canada.

Does the school have any connections to Canada? Not sure if you would actually know the answer without asking various senior administrators at the school

 

[PMM]

Hi

Dear all, I will start working for a German research laboratory remotely from Canada starting in this May. This job has no connections with any Canadian company or clients at all, and all my income will be paid in Euro to my German bank account. Do I need to apply for a Canadian work permit?

More information about me: I have a multi-entry TRV, and I plan to submit a spousal sponsorship application for permanent residence soon. I am a Chinese citizen. I live in Canada currently with my Canadian spouse.

1. No work permit required.

 

[Psyer]

Hi



1. No work permit required.

Thank you!!!

 

[Psyer]

Does the school have any connections to Canada? Not sure if you would actually know the answer without asking various senior administrators at the school

I mean, depending on what you mean by "connections". I wouldn't be surprised if some research labs in the German university collaborate with other labs in some Canadian university, but that's not my situation, and scholar collaboration is different from business partnership anyway.

In this time and era, international scholarly collaboration is very common. If working remotely in Canada for a foreign lab counts as illegal work, then I imagine tons of foreign scholars who are temporarily travelling in Canada would be illegal workers... So chances are it's okay.

But I still wanted to check just to be sure. Thanks.

 

[Psyer]

I finally found the information on IRCC's website. I'm pasting it here for other people's reference:

https://www.canada.ca/en/immigratio...y-residents/foreign-workers/what-is-work.html


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;
• short-term educational exchanges by high school students through international arrangements, such as the Regional Joint Cooperation Commission between Atlantic Canada and the archipelago of Saint-Pierre and Miquelon.

 

[Bs65]

Note though the key words ‘normally part time or incidental to the reason someone is in Canada’.

Maybe does not apply to your remote work for a lab outside of the country but for others reading this there is fine line between being a supplementary reason and being the only reason for being in the country, for example full time family childcare by a visitor

Ultimately CBSA at a border will decide based on the purpose of visit regardless of what the guidance above implies.

 

[Psyer]

Note though the key words ‘normally part time or incidental to the reason someone is in Canada’.

Maybe does not apply to your remote work for a lab outside of the country but for others reading this there is fine line between being a supplementary reason and being the only reason for being in the country, for example full time family childcare by a visitor

Ultimately CBSA at a border will decide based on the purpose of visit regardless of what the guidance above implies.

True. My understanding regarding ‘normally part time or incidental to the reason someone is in Canada’ is that my foreign job has no bearing on me being in Canada. I'm doing data analyses and writing papers for that foreign lab, which could be done from anywhere in the world. The job isn't why I'm in Canada and isn't part of the Canadian labour market. I'm in Canada because I want to be with my spouse.

 

[Psyer]

Just called IRCC. They confirmed that I don't need a Canadian work permit in my situation.