The information about getting a Visitor Record that's on the US2Canada site came directly from the Minister's office. The best way to go about this is to get the PR application in process - even while you're in the States still - and get your husband's sponsorship approval letter from CPC-Mississauga in hand. This takes about a month from the date they receive the completed application. At that point you can feel pretty confident that when you arrive at the Canadian port of entry that you'll be issued a Visitor Record. Because your hubby is a citizen settling in Canada, he's allowed to bring his belongings - although he will pay duty tax on stuff valued over a certain amount. (More on that later). Once your husband tells the officer at the entry booth that he's coming into Canada to settle and that you're married, etc., that officer will send you guys to the secondary IOs inside. The key is that HE deals with the immigration officers - telling them that he is coming to Canada as a citizen, intent on settling there, and that you are his US citizen wife and he has applied for your permanent status. Proof of that can be in the form of his sponsorship approval letter (best) or even just proof of having paid the application fees by having a copy of the receipt. He does not need to go into you being authorized to work for your US employer - and, in fact, he shouldn't get into that because it's likely it will complicate matters. (More on this later, too.)
You can't apply ahead of time for the VR - you have to get it at the POE - and I don't advise getting it first, then leaving Canada and coming back again, because the VR is not a re-entry permit and the IO on the second entry could decide the original VR is invalid because you left Canada after you got it, and then you'd just have to go through the whole process all over again. There's really no reason - unless your criminally inadmissible to Canada - to worry that you won't be admitted, given your circumstances. Like I said - have all your documentation in order, let your hubby answer any and all questions unless they're specifically directed at you, and let him present all documentation to the IO when it's requested. Don't volunteer any information that's not specifically requested, and let the IO tell you guys what you need as far as temporary status. With proof of your valid marriage and proof that he's sponsoring you for permanent status there should be no problem with you being admitted. It doesn't matter whether they give you six months or a full year on the VR - so don't panic if they only authorize six months - the VR gives you the ability to extend from within Canada via an
extension application. You'll need to apply for that PRIOR to expiration of the status you receive on entry, and keep a copy of delivery confirmation. As long as your extension ap is received before you status expires, you have "implied status" to remain in Canada until they make a decision on the extension (which takes about 75 days) or until you get PR status.
Now, about the working in Canada: your Visitor Record will say that you're prohibited from working or studying in Canada. The
Foreign Worker's Manual, in Section 5, defines what is and is not considered "working".
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 not considered to be work 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.
There may be other types of unpaid short-term work where the work is really incidental to the main reason that a person is visiting Canada and is not a competitive activity, even though nonmonetary valuable consideration is received. For instance, if a tourist wishes to stay on a family farm and work part time just for room and board for a short period (i.e., 1-4 weeks), this person would not be considered a worker."
Actually, the
IRPA Regulations, in Section 187 says it best, "a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if (a) the primary source of remuneration for the business activities is outside Canada; and (b) the principal place of business and actual place of accrual of profits remain predominately outside Canada."
So, you're obviously okay to work in Canada for your US employer - as long as you aren't renumerated by a Canadian interest, and you're not doing business in Canada. But if the issue of you working for a US company in Canada comes up on entry, it could get complicated to interpret the legislation on the fly, and also to prove that you wouldn't be violating any of it. They might start insisting that you need a work permit, and that's a complication you don't want to have to deal with.
Another note: about paying duty on possessions. Your husband, as a Canadian citizen (re)settling in Canada, will have to pay duty on items he brings into Canada over a certain dollar amount allowed. You, as a landing permanent resident later on, will not have to pay duty on any of your belongings (even imported vehicles). So, it might be worth it to store some of your property in the States while you're waiting on your PR approval.
