Foreigner working for US company in Canada?

[edwardh80]

Hi,

I'm an Australian currently working for a Canadian company under a temporary foreign workers permit/visa. I have been offered a position with a company in the US, but it may take some time to get my paperwork in order to make the move to the US with my family. The US company wants me to start work for them remotely (from home here in Canada) as soon as possible. Is there any way I can legitimately remain in Canada, while commencng work for the US company for 2-3 months prior to our move down there? I'd imagine that CIC would take a rather dim view of things if I were to resign from my present job and lose my permit, but then leave the country only to re-enter under a visitors entry permit (the same way a tourist enters for 3 months), and then work for the US firm while staying at home. Can anyone please advise? Are there any other options?

Thanks in advance
Ed

 

[scylla]

Does the US company do any business in Canada (i.e. have any Canadian clients or work with other companies in Canada)?

 

[edwardh80]

Thanks for the reply. Yes, the US company does have customers/clients in Canada. Please let me know how this might affect things.

Thanks
Ed

 

[scylla]

Ah - that's really too bad. In that case you need a work permit to be able to legally work from within Canada - without a work permit you'll be working illegally because of the Canadian clients. Getting a work permit is a complicated process (time, money) and it won't succeed unless your company is offering you a full time job in Canada. To be approved, your company will have to advertise the job and prove no Canadians could be found for the role, pay a $1K fee, and sit through several months of processing time. You're probably looking at 3-5 months to get through the process. There's also no guarantee your company will be approved to hire you in the end.

Given you're just looking for a short term solution, this unfortunately isn't going to work. You'll either need to pick a different country to work from - or wait until you actually move to the US to start your job.

 

[edwardh80]

Thanks for the info. So is there circumstances in which it would be possible to live/work temporarily if the company you work for has NO dealings in Canada? If that is the case, what visa/permit do you need? I'm just curious now...

 

[scylla]

If your company has no dealings with Canada (no business, no clients) then you can work remotely from Canada as a visitor.

 

[edwardh80]

One final option I just thought of: I am married to a Canadian, and, prior to this job offer, I was hoping to apply for PR to remain in Canada. I understand that once a PR (spousal)application has been filed, that you have assumed status until a decision is made. Would it be possible/worthwhile to apply for PR quickly (if "quickly" is even possible), and then remain under assumed status until a move to the US, and let the PR application run it's course? Would they even grant PR if I'm out of the country, to be used after a few years absence from the country? We do plan on returning to Canada eventually.

 

[scylla]

No - you don't necessarily have assumed status once you apply for PR through spousal sponsorship. It all depends how you apply. You have assumed status if you apply using the inland route. However this also means you can't leave Canada (as soon as you leave Canada that assumed status is gone).

In order for the PR application to be approved while you and your spouse are outside of Canada, your spouse will have to prove that you have concrete plans to settle in Canada as soon as the PR visa is approved. If you have no such plans, you can expect the application to be refused.

I think applying for PR right now will just be a waste of your money. This won't let you work in the short term. And you'll have difficulty being approved if you have no intention of moving to Canada soon. I would wait until you are actually ready to live here. No point wasting $1500+ plus the massive amount of time required to get an application together.

 

[edwardh80]

Thanks very much for the info, you're a great help! Much appreciated!

 

[edwardh80]

Just re-visiting this topic to cover all possibilities. Please bear with me:

1) The company I will work for in the US is a US company, and is a sister company/subsidiary of the Australian head office (I should have mentioned this earlier). The Canadian clients/customers are dealt with by the US company. Will I be able to live in Canada temporarily under a visitors entry permit (like a tourist, as if I was visiting family), and work for the US office under the express conditions that I don't do any work whatsoever regarding the company's Canadian clients?

2) Would I be able to live temporarily in Canada on a visitors entry if I was employed by the Australian head office company, instead of the US company? Since all dealings with Canadian clients are handled by the US subsidiary, does the situation described in the fourth post on this topic apply? I.E. I wouldn't need a TWP as the company I work for (the Australian company) has no Canadian clients?

3) I suspect that being a citizen of a Commonwealth nation (Australia) married to a Canadian carries no special dispensation in these matters?

Many thanks
Ed