Remote working on work permit (PR application)

[anon1101]

Hi all,

I'm currently here on an IEC work permit. My employer from the UK offered to keep me on as a remote worker whilst I was here, however when applying for permanent residence this doesn't give me "canadian work experience" points. I'm currently at around 430 points. I have over a year left of my work permit, so I need to decide if I should try to get a different job for the next year, to build my points up.

My employer has offered to "open a branch" over here, which as far as I know means just registering it as a business, I won't need an actual office (our company has branches all over the place, but none in Canada so far). I rang IRCC but they were unable to confirm if this then counts as canadian work experience. I really love my current job so I'd like to keep it, but I also really love Canada and want to stay here forever. IRCC suggested getting in contact with an immigration consultant, would this be worth it? I feel annoyed IRCC couldn't tell me, as they are the ones making the final decisions, though I understand my situation is pretty complicated.

Thanks for reading!

 

[21Goose]

Opening a "branch" for the sole purpose of getting your CRS points is not going to work. That's just you trying to get around the fact that you aren't working in Canada, and IRCC will see this and not give you the points.

You should try getting a skilled job here, or otherwise try to raise your points by improving your IELTS scores, getting another degree/diploma etc.

 

[anon1101]

Opening a "branch" for the sole purpose of getting your CRS points is not going to work. That's just you trying to get around the fact that you aren't working in Canada, and IRCC will see this and not give you the points.

Thanks for the response. It's not my intention to be bending rules, but I understand how it comes across that way.

The thing that I don't understand is that my company has headquarters in the US, yet has a branch in the UK. Now working for the UK one, I am most definitely counted as being employed in the UK, so really if we open a branch here, and I'm employed by it, why doesn't that count as Canadian work experience? I'm not saying it should, I just think the lines are very blurred here.

 

[scylla]

Thanks for the response. It's not my intention to be bending rules, but I understand how it comes across that way.

The thing that I don't understand is that my company has headquarters in the US, yet has a branch in the UK. Now working for the UK one, I am most definitely counted as being employed in the UK, so really if we open a branch here, and I'm employed by it, why doesn't that count as Canadian work experience? I'm not saying it should, I just think the lines are very blurred here.

It's actually pretty black and white. There are no physical operations in Canada, no revenue generated in Canada, and the company isn't going to be filing taxes in Canada. Nothing about this is Canadian work experience. You're a remote worker working for the UK/US offices. You could be located anywhere.

 

[21Goose]

Thanks for the response. It's not my intention to be bending rules, but I understand how it comes across that way.

The thing that I don't understand is that my company has headquarters in the US, yet has a branch in the UK. Now working for the UK one, I am most definitely counted as being employed in the UK, so really if we open a branch here, and I'm employed by it, why doesn't that count as Canadian work experience? I'm not saying it should, I just think the lines are very blurred here.

Because you'll have to prove that the branch was opened for a business purpose and not just to give you Canadian work ex. Besides, you'd need to have your payroll shifted to Canada, the branch would need to start paying Canadian payroll and other taxes and so on and so forth. If you're the only employee here, it starts to look like you're trying to find a loophole in the rules.

It's not as simple as registering a company here that literally does nothing in Canada except employ one person, with no sales, revenue, or any other business nexus in Canada.

If your employer truly opens a Canadian office where the company is actually doing business here, with more than one employee, paying all the requisite taxes, and does this for some time (a couple of years), then yeah, you could potentially say that you work in Canada.

 

[anon1101]

Thanks 21Goose + scylla, you've cleared it up for me. Right on - we're not likely to be generating revenue here so really that's the main thing, although I'm paying taxes I'm really not contributing anything to Canada in that case (apart from a buttload of sales tax from all the chips/donairs I eat).

Onward to finding a job here...

 

[21Goose]

Thanks 21Goose + scylla, you've cleared it up for me. Right on - we're not likely to be generating revenue here so really that's the main thing, although I'm paying taxes I'm really not contributing anything to Canada in that case (apart from a buttload of sales tax from all the chips/donairs I eat).

Onward to finding a job here...

Just to clarify - you are contributing by living here and paying taxes, but the company would not be if they set up a branch that did nothing. That's the difference.

So yeah, get a skilled job here and it will take care of your points issue. Remember that a skilled job doesn't necessarily mean highly paid - lots of NOC B jobs are low-wage, relatively easy to get, and will still get you points. You can work two jobs (UK + Canada) at the same time, so you don't have to lose your job with your current employer.

 

[canuck78]

Just clarifying that you need to file income taxes in Canada.