Can my husband work if the cheques are being paid to me?

[kandc]

I know this is probably illegal but he wants me to ask... my American (and "just visiting until his PR gets approved") husband got an offer to play with a local band. It's a great musical opportunity for him and he really wants to do it but they play often and are paid for it. If he goes and plays with them, but they make a cheque out to me, or give me the cash, and I deposit it in my personal account, is that still illegal?

Sorry for what most likely is a completely stupid question.

 

[OhCanadiana]

I know this is probably illegal but he wants me to ask... my American (and "just visiting until his PR gets approved") husband got an offer to play with a local band. It's a great musical opportunity for him and he really wants to do it but they play often and are paid for it. If he goes and plays with them, but they make a cheque out to me, or give me the cash, and I deposit it in my personal account, is that still illegal?

Sorry for what most likely is a completely stupid question.

I think you know the answer . Does he really want to violate the terms of the visitor visa? Not only could he get kicked out and excluded for a certain period of time but it could also complicate your PR application.

Even if it's a great opportunity and he'd be willing to do it as a volunteer, I'd talk to a lawyer and make sure he (and you) never got paid.

There are people out there who may be willing to take the risk. The way I see it, even if the chance is low, the consequences can be very severe. Is it really worth it?

 

[kandc]

I think you know the answer . Does he really want to violate the terms of the visitor visa? Not only could he get kicked out and excluded for a certain period of time but it could also complicate your PR application.

Even if it's a great opportunity and he'd be willing to do it as a volunteer, I'd talk to a lawyer and make sure he (and you) never got paid.

There are people out there who may be willing to take the risk. The way I see it, even if the chance is low, the consequences can be very severe. Is it really worth it?

Thanks for the response... exactly what I was expecting. And no, it is certainly NOT worth the risk!

 

[Harju]

Musicians/performers can be exempt from work permit requirements, however I think a peformer in a regular local band that plays bars and restaurants and such would not be exempt. Check out the requirements as they relate to performers in the work permit guides. It may not suit your particular circumstances but worth a look. Maybe the band could get him a LMO.

Fencesitter provides comprehensive advice in that it pretty much covers breaking all of the applicable laws (immigration law, employment law, tax law, criminal law). If you misrepresent and lie you have to keep on telling those lies and have it hanging over you. For some people that's not a problem, others would prefer to have a clean slate and not live with the risk. That's a personal choice.

"Another work around would be if his band mates paid for things...like utilities or other stuff. This could be considered a 'gift' and not payment for services rendered" No, he would be working illegally and receiving payment. It doesn't matter how you dress it up. Even being in the band for no pay would be considered work as the band itself is being compensated for its performances and would normally have to pay someone to do your husband's part.

 

[uskyoot]

People not obeying the laws unless it suits them is one of the reasons why the immigration process takes so long

 

[Fencesitter]

Perhaps...but there are many other reasons that have a greater impact, IMO.

Look, I am NOT promoting that people break the law. I just gave my opinion. If it were me, I wouldn't do it. I hate risk. I have never been in trouble with the law (except for a minor problem when I was like 14 years old).

At the end of the day, even though it might be "illegal" *shivers*, the chances of getting caught are remote...and it would be VERY difficult for the government to prove.

Do what you want...but remember it's at your own risk.

FS

 

[robrod]

It would be illegal in my opinion.
I wouldn't risk it.

 

[RobsLuv]

I heard once of someone being harassed by CIC for singing in a church choir when they were on visitor status. You have to be sure that there is proof that anything he's doing, he's doing as a volunteer. I wouldn't say he shouldn't play in the band - especially if it makes him happy. But don't take any compensation - at least not now - and make sure that's in writing and everybody in the band is aware of it and would vouch for it if asked by CIC.

As far as the "remote chance" that he'd get caught - that actually depends on whether he's applied for PR via the outland or inland route. It kinda seems as though CIC monitors the activities of inland applicants a lot more closely than they do those of "visitors" - even ones with outland aps in process. I was in Canada for four years with valid temporary status before I got PR. I volunteered doing administrative work at our church for almost 2 years without it ever coming up - even though I was definitely under the microscope with CIC because of a refused PR ap. But they did go talk to the school about my daughter attending (or at least the CIC officer said she had) and that was used to threaten us. Nothing came of it because our Province requires that minors attend school, even without a study permit, but it still wasn't very fun to be confronted by that at the time.

 

[rjessome]

I heard once of someone being harassed by CIC for singing in a church choir when they were on visitor status. You have to be sure that there is proof that anything he's doing, he's doing as a volunteer. I wouldn't say he shouldn't play in the band - especially if it makes him happy. But don't take any compensation - at least not now.

LOL! Seriously? I've found that people often tell "half truths" when they are talking about some of their woes with CIC. In fact some of what gets posted out in the open on these forms turns out not to be the complete truth that I'm told in private messages when they want more specific advice. But if that's true, some officer obviously had nothing better to do.

 

[RobsLuv]

LOL! Seriously? I've found that people often tell "half truths" when they are talking about some of their woes with CIC. In fact some of what gets posted out in the open on these forms turns out not to be the complete truth that I'm told in private messages when they want more specific advice. But if that's true, some officer obviously had nothing better to do.

It's been a long time ago - so who knows now - but I do know that they sure harassed us for a lot of things they really didn't have a "legal" right to harass us about. As you know, in our experience, they did what they felt like doing and it was up to us to figure out how to make it right again!

 

[rjessome]

It's been a long time ago - so who knows now - but I do know that they sure harassed us for a lot of things they really didn't have a "legal" right to harass us about. As you know, in our experience, they did what they felt like doing and it was up to us to figure out how to make it right again!

For sure!!! ;D