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Live in Canada working Remote Job from US???

carolinajoe

Newbie
Dec 22, 2014
3
0
We have a relative that asked our assistance and not knowing much on the subject we thought we'd look into it. They are a US citizen and work a remote job for a company based in the US. They have been staying in Canada for several months working their same remote job. From what we understand they were given an upcoming date as their deadline for their visa and stated they would have to return to the US. They work from their residence so can reside anywhere in the world and still retain their job. They don't want to quit their job as it took a long time to get into their position but they would like to remain in Canada for now and the near future.

Any advice, suggestions or help would be greatly appreciated.

Thanks in advance for your assistance.
 

scylla

VIP Member
Jun 8, 2010
95,939
22,178
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If they wish to live in Canada they will have to apply for permanent residency. Details about Canada's immigration programs are provided in the link below. They will have to spend time reading through each immigration program to see if they qualify to apply. Alternatively, they can hire an immigration lawyer to do this on their behalf.

http://www.cic.gc.ca/english/immigrate/apply.asp

If they were given a deadline for returning to the US then they have two immediate choices: either return to the US by this date or apply for an extension to their visit from inside of Canada. If the extension is refused, they will in fact have to leave.

Again, if they really want to be able to live in Canada while continuing the remote job, then permanent residency is the only realistic option.
 

carolinajoe

Newbie
Dec 22, 2014
3
0
Thanks for the link and the info. I guess we're not clear on some definitions, all new to us. If they apply for permanent residency what does that do to their US citizenship or if they decide in the future to move back to the US?

Also, the party in question is in a relationship and resides with a Canadian resident in Canada currently. Keep seeing the terms "conjugal or common-law partner" and not sure what the legal definitions are of those. Can you expand on those terms and do you know if that would benefit them in gaining residency in Canada?
 

scylla

VIP Member
Jun 8, 2010
95,939
22,178
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Becoming a permanent resident has no impact on US citizenship.

Common law means you have physically lived with someone for a minimum of one full year and can prove it through joint leases, utility bills, etc. Congual will not apply to someone from the US and you should ignore that classification. Conjugal is for people who face immigration barriers to marriage and becoming common law (i.e. it is impossible for them to get married or live together for a year to become common law). Americans face no such barriers and don't qualify under the conjugal category.
 

carolinajoe

Newbie
Dec 22, 2014
3
0
Was also wondering if his girl friend could become his sponsor. They have been living together for ten months but I believe his visa deadline is right when one year would be up.

Can't post links but the info is on the immigrate Family sponsorship page on the cic.gc.ca website

www . cic.gc.ca / english / immigrate / sponsor / index . asp

Thanks again.
 

scylla

VIP Member
Jun 8, 2010
95,939
22,178
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
She can sponsor him once they are common law (i.e. once they have lived together for a minimum of one full year). She cannot submit the sponsorship application until they have passed the one year cohabitation mark. Note that submitting a sponsorship application won't necessarily allow him to remain in Canada. He'll most likely still have to extend his stay as a visitor.

In order for the sponosorship application to be approved, they will have to be able to prove they were common law during this entire year through joint leases/rental agreements, joint property ownership, joint bank accounts / credit cards, joint utility bills, etc.
 

scylla

VIP Member
Jun 8, 2010
95,939
22,178
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I would also recommend that his girlfriend read through the application guide so that she understand what it means to become a sponsor and the financial obligations this entails.