Live in Canada, Work “in” US?

[AMBillings]

Hello, and thank you in advance for taking the time to read and respond!

My Canadian husband and I (a US Citizen) will have been married for three years in August, and we have been living together for about a year and a half of that in the States due to immigration delays. I sponsored his visa to move to the States.

We decided when we got married for him to immigrate to the US, and for probably obvious reasons, we’ve decided that might not have been the best decision we’ve ever made. Right now I’m able to work 100% remotely for my US company, so I was thinking of asking my employer if I could transition to being a fully remote employee permanently.

My question is, would we be able to move to Canada with me working remotely for a US company in Canada as a visitor and apply for PR inland? Because all my work would be remote, I would not need to leave the country, but I also would not want to get a work visa or Canadian employer.

If so, what steps would we need to take to ensure we were in compliance with the law? If not, what would be an alternative path that would allow us to move to Canada quickly without requiring me to get a job in Canada?

Thank you again! I very much appreciate you taking the time to answer my inquiry.

 

[canuck78]

Hello, and thank you in advance for taking the time to read and respond!

My Canadian husband and I (a US Citizen) will have been married for three years in August, and we have been living together for about a year and a half of that in the States due to immigration delays. I sponsored his visa to move to the States.

We decided when we got married for him to immigrate to the US, and for probably obvious reasons, we’ve decided that might not have been the best decision we’ve ever made. Right now I’m able to work 100% remotely for my US company, so I was thinking of asking my employer if I could transition to being a fully remote employee permanently.

My question is, would we be able to move to Canada with me working remotely for a US company in Canada as a visitor and apply for PR inland? Because all my work would be remote, I would not need to leave the country, but I also would not want to get a work visa or Canadian employer.

If so, what steps would we need to take to ensure we were in compliance with the law? If not, what would be an alternative path that would allow us to move to Canada quickly without requiring me to get a job in Canada?

Thank you again! I very much appreciate you taking the time to answer my inquiry.

What status does he have in the US? Does your US company have any Canadian offices or Canadian clients?

 

[AMBillings]

What status does he have in the US? Does your US company have any Canadian offices or Canadian clients?

My husband has his PR through me. My company is entirely based in the US.

 

[canuck78]

My husband has his PR through me. My company is entirely based in the US.

You are going to run into issue with your husband keeping his US status if you return to Canada. As long as your company has no offices or clients in Canada you can work remotely in Canada while you wait for your OWP. As an inland applicant you must try to avoid leaving Canada although especially Americans usually are let back into Canada. This is especially the case if you use the land borders often.

 

[AMBillings]

You are going to run into issue with your husband keeping his US status if you return to Canada. As long as your company has no offices or clients in Canada you can work remotely in Canada while you wait for your OWP. As an inland applicant you must try to avoid leaving Canada although especially Americans usually are let back into Canada. This is especially the case if you use the land borders often.

We're not worried about him keeping his status as this would be a permanent move to Canada for us. What I want to know is what steps or measures we need to be aware of to make this happen.

 

[canuck_in_uk]

Hello, and thank you in advance for taking the time to read and respond!

My Canadian husband and I (a US Citizen) will have been married for three years in August, and we have been living together for about a year and a half of that in the States due to immigration delays. I sponsored his visa to move to the States.

We decided when we got married for him to immigrate to the US, and for probably obvious reasons, we’ve decided that might not have been the best decision we’ve ever made. Right now I’m able to work 100% remotely for my US company, so I was thinking of asking my employer if I could transition to being a fully remote employee permanently.

My question is, would we be able to move to Canada with me working remotely for a US company in Canada as a visitor and apply for PR inland? Because all my work would be remote, I would not need to leave the country, but I also would not want to get a work visa or Canadian employer.

If so, what steps would we need to take to ensure we were in compliance with the law? If not, what would be an alternative path that would allow us to move to Canada quickly without requiring me to get a job in Canada?

Thank you again! I very much appreciate you taking the time to answer my inquiry.

As long as your company has no Canadian offices/clients/work, you can work remotely from here.

No, you can't move to Canada. You do not yet have that right. You would be entering as a visitor. It is important to understand that difference, particularly when talking to CBSA. Don't bring more than a few bags like a normal tourist.

Note that under the current travel restrictions, you could be refused entry as non-essential travel.

 

[canuck78]

We're not worried about him keeping his status as this would be a permanent move to Canada for us. What I want to know is what steps or measures we need to be aware of to make this happen.

Not an ideal time to move during covid since you can not technically move to Canada. Would wait until borders are more open. You would need to visit Canada and apply for inland sponsorship with a work permit. The work permit was taking 4-5 months to get before covid. If your business has no ties to Canada you can work remotely as a visitor. Most province will not provide you with healthcare until you are a PR. The tricky part is moving. You can not appear to be the one moving. Others have either had the Canadian move or left stuff in storage in the US. The US is pretty crazy these days but Canada also has their flaws.

 

[AMBillings]

If your business has no ties to Canada you can work remotely as a visitor. Most province will not provide you with healthcare until you are a PR. The tricky part is moving. You can not appear to be the one moving. Others have either had the Canadian move or left stuff in storage in the US. The US is pretty crazy these days but Canada also has their flaws.

Thanks for your reply! I apologize, but I’m getting a lot of conflicting information in your reply. I think I’ve made it clear that getting a work permit is not an option for me, so let’s just strike all references of that from the record as it’s not addressing my situation. If I wanted to go the work permit route, I would not have posted in the Family Class Sponsorship section of the forums. What do you mean by, “You can not appear to be the one moving?”

 

[canuck78]

Thanks for your reply! I apologize, but I’m getting a lot of conflicting information in your reply. I think I’ve made it clear that getting a work permit is not an option for me, so let’s just strike all references of that from the record as it’s not addressing my situation. If I wanted to go the work permit route, I would not have posted in the Family Class Sponsorship section of the forums. What do you mean by, “You can not appear to be the one moving?”

If you apply for inland sponsorship you can also apply for an OWP at the same time. It is a pilot program that has essentially become permanent. You will get the OWP within 4-5 months. It is one of the benefits of inland sponsorship that most take advantage of. You currently don’t have the status to move to Canada on a permanent basis. You will be entering Canada as a visitor. For that reason you can not appear as though you are moving to Canada. You must appear that you are entering Canada as a visitor so can not drive to the border in a truck with all your belongings. You will be denied entry if you do so. Many have their Canadian partner move all their belongings to Canada and enter separately or leave their belongings in the US until they get PR. The people leaving their belongings in the US were likely not living together before moving to Canada.

 

[AMBillings]

If you apply for inland sponsorship you can also apply for an OWP at the same time. It is a pilot program that has essentially become permanent. You will get the OWP within 4-5 months. It is one of the benefits of inland sponsorship that most take advantage of. You currently don’t have the status to move to Canada on a permanent basis. You will be entering Canada as a visitor. For that reason you can not appear as though you are moving to Canada. You must appear that you are entering Canada as a visitor so can not drive to the border in a truck with all your belongings. You will be denied entry if you do so. Many have their Canadian partner move all their belongings to Canada and enter separately or leave their belongings in the US until they get PR. The people leaving their belongings in the US were likely not living together before moving to Canada.

What is an OWP?

 

[canuck78]

What is an OWP?

Open work permit. A WP that is not tied to an employer.

 

[canuck_in_uk]

Thanks for your reply! I apologize, but I’m getting a lot of conflicting information in your reply. I think I’ve made it clear that getting a work permit is not an option for me, so let’s just strike all references of that from the record as it’s not addressing my situation. If I wanted to go the work permit route, I would not have posted in the Family Class Sponsorship section of the forums. What do you mean by, “You can not appear to be the one moving?”

If you don't want an OWP, then just apply outland from the US now. There is no point in waiting and applying inland.

As I said in my response and canuck78 explained as well, you do not have the right to live in Canada. You would be entering as a visitor. If you show up and tell CBSA you're coming to live in Canada, expect a refusal and possibly a one year Exclusion Order.