My stressful situation

[swfc]

Hi everyone, lots of useful info on these forums and I'm looking for some feedback on my situation and how people would play it.

My girlfriend is Canadian, I'm British, we're both under 30. We met in UK and she has been back in Canada for a year now. During this year I have visited the following:

- Dec 2012 - 1 week
- Feb 2013 - 2 weeks
- June 2013 - 4 weeks
- Oct-Dec 2013 (3 months)

This most recent time (I'm in Canada right now), I was questioned about my frequency and the length of this particular trip and was allowed in after a few questions about my ties to UK and reasons for visiting.

I run my own company (UK based) but it's online and can be run from anywhere with an internet connection, I also have sufficient funds in my bank account to support me for six months.

Now I'm heading back to the UK for 1 month for Christmas and a few work-related things.

At the end of Jan I want to come back to Canada and stay with my girlfriend again. I'm looking into IEC 2014 as a way of giving me a full year here - I could run my business and undertake any jobs out here too.

My main questions/concerns are:

- The 2014 IEC process has not even started yet. I could come back to Canada as a tourist and apply from within, then break border (this is allowed). However, with my history of visiting. Do you think they would let me in?

- If I miss out on the popular IEC, could I enter and simply work on my business remotely as per 5.1 in the foreign workers manual (below)?

5.1. Overview
Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or Permanent Residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:
• long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada; - I can't post links but this is a PDF doc which can be found by Googling "temporary foreign worker manual canada fw1"

What would you guys do in my situation? I don't want to be apart from my girlfriend for too long. I have good ties to UK and lots of money in my bank account.

Thanks a lot!

 

[scylla]

1. Yes - you can apply for IEC from within Canada. Impossible to say what will happen when you return. Given you were already questioned once, this increases the chances that you may be questioned again. You are starting to behave like someone who lives in Canada due to the frequency of your visits - rather than as a visitor. You're not allowed to live in Canada and consequently your behaviour is raising red flags.

2. Assuming your business has no Canadian clients, you can work on your business remotely from Canada. If you have any Canadian clients, then you are prohibited from working without a work permit.

If you really want to play it safe - don't return in January. Apply for the IEC and return to Canada once your IEC has been approved.

If you decide to return earlier, don't carry anything with you that relates to your company in the UK (no paperwork, no computer files, no zip drives). While you are allowed to work on your business in Canada - if you carry any work-related paperwork or data with you and end up in secondary inspection at the airport, your documents could be misinterpreted by immigration as an attempt to work illegally in Canada. So leave that stuff at home and keep your computer clean to avoid misunderstandings. If there are files you need, store them remotely and download them once in the country.

 

[swfc]

Thanks for your response.

So. If I was to risk coming back as a tourist and applying for IEC as it becomes available, would you recommend explaining this, or simply say I'm coming for a few months (with sufficient funds and a return ticket)?

 

[scylla]

I would just say you're coming as a tourist.

 

[Jason12345]

you shouldnt miss out on iec there are lots of spots. it didnt sell out till the end of feb last year.

Dont believe everything you read about tens of thousands of people applying.

 

[swfc]

Cool! Thanks for your input both. I'm gonna go for it I think!

If I happen to be turned away, am I right in assuming this has no bearing on an IEC application?

 

[scylla]

Cool! Thanks for your input both. I'm gonna go for it I think!

If I happen to be turned away, am I right in assuming this has no bearing on an IEC application?

If you're just turned away - then no.

Once in a while (rarely - but it does happen), immigration officials do issue a one year ban from entering Canada in addition to turning someone away. A ban would impact the IEC application. Typically these bans are only issued when immigration feels someone is doing something very inappropriate (e.g. coming to Canada to try to work without a work permit). I think the chances of this happening to you are incredibly small.