Self-Employed OWP vs. Temporary Foreign Worker?

[theprovider]

I'm a bit confused by my options, so would appreciate any knowledge! Here's my situation:

- I'm a self-employed photographer & web designer, UK citizen.
- I intend to live in Vancouver, BC, for one year
- Hopefully I'll be able to work remotely for my UK clients, but may want/need to take on new CA clients

According to the Temporary Foreign Worker Guidelines (cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf) working by internet for remote employers doesn't count as "working" in Canada, so I wouldn't need a work permit. Is this right? Though presumably I would need a work permit if I took on paid projects in Canada?

I'm going to apply for a self-employed open work permit anyway, as it's good to have more work options when I'm in Canada.


Any advice about self-employed work permits, temporary visas etc. would be greatly appreciated!

 

[PMM]

Hi

I'm a bit confused by my options, so would appreciate any knowledge! Here's my situation:

- I'm a self-employed photographer & web designer, UK citizen.
- I intend to live in Vancouver, BC, for one year
- Hopefully I'll be able to work remotely for my UK clients, but may want/need to take on new CA clients

According to the Temporary Foreign Worker Guidelines (cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf) working by internet for remote employers doesn't count as "working" in Canada, so I wouldn't need a work permit. Is this right? Though presumably I would need a work permit if I took on paid projects in Canada?

I'm going to apply for a self-employed open work permit anyway, as it's good to have more work options when I'm in Canada.


Any advice about self-employed work permits, temporary visas etc. would be greatly appreciated!

1. Well since there is no such animal as a "self employed open work permit" . If you are under 30 and resident/citizen of the UK you can apply for a 1 open International Experience Canada open work permit. See: http://www.canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience/index.aspx?view=d

 

[theprovider]

Thanks for the feedback. I'm over 30, so know I'm not eligible for a working holiday.
And yes, I know there's no such thing as a self-employed OWP - I'm applying for a work permit, but the Application Form IMM1295 only mentions "Open Work Permit" as an option, not self-employed - just wanted to check that it was the correct form/option etc.

 

[scylla]

On what basis do you believe qualify for an open work permit? Based on the information you'e provided to date - you don't qualify for one.

To qualify for an open work permit, you would have to meet specific criteria (e.g. you have been sponsored inland by your spouse and your file has received AIP).

 

[theprovider]

Yes, I was just thinking this overnight. OWP seems to apply for dependants moving to Canada with you as the primary worker. The only options I get in the application form are:

From the list, select the type of work permit you are applying for:
 International Experience Canada Program
 Live-in Caregiver Program
 Open Work Permit
 Other
 Seasonal Agricultural Work Program

seeing as none of these applies to me (under the Self-Employed criteria which I do qualify for), I presume I should select "Other"? Seems a bit vague though!

 

[scylla]

OK - here's your situation in a nut shell:

1) You do not qualify for an open work permit. Forget about that option.

2) To qualify for a closed work permit (closed = tied to a specific employer), you need an approved LMO (Labour Market Opinion). To obtain an approved LMO, you first need to find an employer who is willing to hire you. That employer must then advertise the job and prove that a Canadian could not be found to fill it. Then the employer must submit the LMO for approval. If the LMO is approved (not all are), you can then apply for a closed work permit that will be tied to that specific employer (i.e. the work permit will only authorize you to work for that specific employer).

 

[theprovider]

Firstly, thanks very much for all your feedback and advice, greatly appreciated!

I've just looked through the relevant governmental websites in more detail, and it seems I was misled into thinking that I could get a temporary work permit as a self-employed person. It seems that these are only available for permanent immigration, and can take 4 years of processing :S

Reading through the lengthy Foreign Workers Guidelines PDF (fw01-eng.pdf), around pages 57/58 it seems that there are potential exceptions for self-employed people who will provide social/economic/cultural benefit, which may apply in my situation.

Page 26 also lists two cases where a work-permit is not required:
- long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;
- self-employment where the work to be done would have no real impact on the labour market

The first case is my intention while living in Vancouver - to keep working, remotely, for my existing UK clients.

In addition, I have much-needed IT skills (software product development) that BC looks favourably upon (at the very least, no LMO is required, but this route would probably require a job offer for a specific company).

My intention is to live in Vancouver for a year, to assess whether I wish to move there permanently. Given my situation clearly isn't straightforward, I believe I would benefit from speaking directly with someone involved in the work-permit application sphere, or experienced with niche situations like my own - would you be able to recommend a point of contact (whether that's within a Canadian or UK government department, or a non-profit organisation offering advice)?

many thanks again.

 

[scylla]

People will often call the CIC hotline for advice. However I'm quite certain this hotline is only available within Canada and they can really only offer basic advice. Same goes for any non-profits. They'll be fine with a straight-forward spousal sponsorship application - but not something like your situation. If you want advice, I would recommend you spend some money on a good immigration lawyer or consultant.

 

[theprovider]

Yes, that's what I expected. I'll look around for some and get in touch after the weekend.
I'm aware that I have two straightforward options as a fall-back:

- apply for jobs, and get a work permit the usual way
- live in Canada without a work permit, and only do paid work for my UK clients.

thanks again.