INLAND APPLICATIONS 2013

[applied4PR]

Because it isn't employment, it is a grey area (you act as an independent contractor). I'd suggest that you speak with an attorney and (ideally) obtain an opinion letter stating that you do not require such a work permit. Alternatively, your spouse can sign up as the representative and you can assist (again, it's a grey area, but pragmatically speaking there's nothing that legally prevents you from assisting your partner in their work or business).

An option that I've suggested in the past is that you can have your partner sponsor you for the work permit as well (e.g., the partner starts a business doing X and then goes through the process of getting an LMO). Nothing says your partner has to do the paperwork - so if you're sitting at home twiddling your thumbs waiting for CIC, you could also be reading the HRSDC website and figuring out what the hoops are to getting an LMO. Employers can be surprisingly creative in their ability to tailor job offerings to a single candidate. This is the "not grey" method of doing this sort of thing, but it's intimidating for many people.

Your partner cannot sponsor you for work! if you have a family sponsored permanent residence application in process, he or she wont be able to sponsor you as an employer. An LMO requires that the job be advertised first and in the absence of any suitable Canadian applicants, a foreign national (NOT A FAMILY MEMBER) be selected for the job. Again will need to apply for a work permit and that will actually cancel one's family sponsorship application.
You can work online as long as you don't require a SIN or bank account for payment purposes. So international business options would be open.

 

[computergeek]

I contacted an attorney with this very question, regarding my (slightly similar) situation.

He wanted $500 for an opinion letter. Yikes!

That's actually pretty cheap - he's giving you a document that creates an affirmative defence should the government claim otherwise. It's his E&O insurance ("professional liability") that would then have to defend you. By having such a document, you can show it to CIC and say "I knew there was a potential issue here, so I obtained a legal opinion letter". That actually makes it VASTLY more difficult for them to do anything to you - because an attorney is an officer of the court and you clearly were attempting to ensure you followed the law.

 

[applied4PR]

Like computergeek mentioned, but i would still be careful. Probably wouldn't take the chance if I were you.

Well if one still maintains an international bankaccount in one's home country, one can still work online and get paychecks deposited overseas.

 

[computergeek]

Your partner cannot sponsor you for work! if you have a family sponsored permanent residence application in process, he or she wont be able to sponsor you as an employer. An LMO requires that the job be advertised first and in the absence of any suitable Canadian applicants, a foreign national (NOT A FAMILY MEMBER) be selected for the job. Again will need to apply for a work permit and that will actually cancel one's family sponsorship application.
You can work online as long as you don't require a SIN or bank account for payment purposes. So international business options would be open.

Can you provide a citation to this effect? I normally do suggest doing it via a corporation (which is a distinct legal entity), but I have never found anything that says a "family member" is ineligible for a work permit. You do have to prove that there are no suitable Canadian applicants (by advertising it) but you're making a big leap here and I'd like to understand what your basis is for this assertion.

 

[Ponga]

That's actually pretty cheap - he's giving you a document that creates an affirmative defence should the government claim otherwise. It's his E&O insurance ("professional liability") that would then have to defend you. By having such a document, you can show it to CIC and say "I knew there was a potential issue here, so I obtained a legal opinion letter". That actually makes it VASTLY more difficult for them to do anything to you - because an attorney is an officer of the court and you clearly were attempting to ensure you followed the law.

He did agree that it was a grey area, but felt that I could in fact telecommute outside of Canada (which I do) and as long as I am not remunerated in Canada (which I am not) I would be fine. He didn't mention his Errors & Omissions insurance (nor did I bring it up, even though I'm aware of what it is). I thought it would simply be a payment of services without any future obligations on his part...but, maybe I should reconsider this letter, just in case.

Thanks again for your insight.

 

[applied4PR]

Can you provide a citation to this effect? I normally do suggest doing it via a corporation (which is a distinct legal entity), but I have never found anything that says a "family member" is ineligible for a work permit. You do have to prove that there are no suitable Canadian applicants (by advertising it) but you're making a big leap here and I'd like to understand what your basis is for this assertion.

I spoke to an immigration agent recently on this issue.

 

[niks1]

I doubt there will be any date movement tomorrow.....

 

[Xenocat]

I doubt there will be any date movement tomorrow.....

Yeah, I've given up any of my hopes of seeings stage1 approval before the new year. Really makes me sad

 

[Happywife08]

Your partner cannot sponsor you for work! if you have a family sponsored permanent residence application in process, he or she wont be able to sponsor you as an employer. An LMO requires that the job be advertised first and in the absence of any suitable Canadian applicants, a foreign national (NOT A FAMILY MEMBER) be selected for the job. Again will need to apply for a work permit and that will actually cancel one's family sponsorship application.
You can work online as long as you don't require a SIN or bank account for payment purposes. So international business options would be open.

Hello,

I personally have not been trough anything like this, but a friend of mine her common law partner is sponsoring her for sponsorship and she has a work permit as well from his company.


Not sure what they had to do but I do know she works for him

 

[applied4PR]

Hello,

I personally have not been trough anything like this, but a friend of mine her common law partner is sponsoring her for sponsorship and she has a work permit as well from his company.


Not sure what they had to do but I do know she works for him

She probably got the work permit before applying for family sponsored immigration. Can you ask her about the specifics??

 

[lauraks]

Yeah, I've given up any of my hopes of seeings stage1 approval before the new year. Really makes me sad

Yep I've given up hope too. Sadly Christmas is going to be pretty meagre on the gift front, it's a tough season to be going through on one salary.

 

[rifat]

Ariandel:

Sorry to hear your mother passed away my deepest condolences to you and to your family I pray that may he give you strength and courage to go through this tough time in these very sad moments. I hope everything goes well coming back into Canada

 

[rifat]

Hello everyone. Sorry I've been away I've been very sick with a flu so just staying away from the world and the computer... missed out on all the good news from you guys. Congrats to all who received DM/AIP/OWP.

 

[Rita27]

unfortunately no movement this week.. still at January 15 :'(
I guess cic is having an early Christmas this year ???

 

[Cirene]

unfortunately no movement this week.. still at January 15 :'(
I guess cic is having an early Christmas this year ???

Haha I was going to say the same! I think we will hear something next year, hopefully!! Happy holidays for everyone!