Shared business or freelance work while on visitor visa & PR application legal?

[buttie]

Hi Everyone,

I have some questions relating self employment while on a visitor visa and applying for PR. I don't want to risk doing anything illegal while I am applying for PR.

I have done IT work while I was in Canada for my dutch employers before. Which should be a 100% fine.

I have an offer to do IT work for a Canadian International company. I would be sending my invoices with my dutch address and would get paid on my dutch bank account and thus also pay taxes there, I just wondered if this is legally allowed while I am visiting in Canada. I would see this being the same as doing work through a freelance website like Elance and I would technically be working in Holland, but maybe my understanding of this is wrong.

I also wondered what the rules would be if I would open up a company with my spouse. I would provide the technical structure which would be sold as a service, but would I legally be allowed to do this in Canada for our shared company?

I am just trying to stay here while my application is being processed and be able to do some work in the meanwhile.

Thanks,
Rudy

 

[Ponga]

The first part could be a problem, because if the company has a presence in Canada, why couldn't a Canadian citizen or PR do that same task remotely from within Canada?

Your second question would also fall under the potential problem, since you would be doing work that a qualified citizen or PR could do. You would need your wife to hire you, which would probably involve her going through the LMIA process to do so. Even then, I'm not sure that it would really work. Hopefully, others will offer their opinions on this as well.


Working remotely seems to only work, when there is no chance that it involves a Canadian company in any way.

 

[buttie]

What if I provide and maintain the technical aspects for the company but don't receive any income from it? My spouse could receive the income and support me with that, is that allowed?

I guess it all comes down to the technical details in these situations.

 

[Ponga]

IMHO, getting your wife involved would only complicate an already dicey matter. You'd basically be saying that she was the one working for the company, when she really wasn't. This could also be sticky with CRA and might even be seen as a form of tax fraud.

Even if you were to provide and maintain the technical aspects, without being paid, ( ) you would still be seen as working, but without being compensated, which is not allowed.

Believe me...I understand the logic that you're using because I also work remotely, but it never involves a Canadian company, division, individual, or remuneration from within Canada.


As I stated originally, hopefully there will be others to offer opinions/ suggestions as well.

 

[buttie]

Yeah that would make sense. But so basically if I would fly to Mexico, the States or Holland, stay for a month and do contract work and then go back to Canada it would be legally allowed, because I wouldn't be working while in Canada haha.

 

[MissRepresentation]

Yeah that would make sense. But so basically if I would fly to Mexico, the States or Holland, stay for a month and do contract work and then go back to Canada it would be legally allowed, because I wouldn't be working while in Canada haha.

Yes, it sounds silly but that's what I did. Took a 2-month holiday to Mexico and did whatever work I wasn't allowed to do in Canada.

 

[buttie]

I guess I could consider doing that. I just want to figure out the rules related to this kind of stuff, unfortunately that is a lot harder then just reading it on the internet.

 

[buttie]

MissRepresentation would I have to stay out of the country for the time that I am working or should I stay out until I have gotten paid for my services? (this can sometimes take a couple weeks).

 

[MissRepresentation]

If the job pays well enough it's not such a crazy thing to do. Living costs in Mexico were really low, so the whole thing was worth it even when I added the cost of the plane ticket. Also, you wouldn't be turning down a potential client.

 

[MissRepresentation]

MissRepresentation would I have to stay out of the country for the time that I am working or should I stay out until I have gotten paid for my services? (this can sometimes take a couple weeks).

That's a tricky one! I was paid while I was outside Canada, that's all I can say.

 

[buttie]

Thanks for the replies!

Yes it would definitely out-way the costs and I love traveling anyway so I will definitely keep it in mind.

 

[Ponga]

Keep in mind that my opinions are, just that.

Maybe...I'm waaaaay over thinking things here because I know the whole working remotely from within Canada is a very slippery slope!

 

[Mapleson]

MissRepresentation would I have to stay out of the country for the time that I am working or should I stay out until I have gotten paid for my services? (this can sometimes take a couple weeks).

The only restriction is that you cannot work in Canada, yada, yada, yada. You are allowed to be in Canada arand receiving renumeration for previous work.

 

[buttie]

But Mapleson I can do contract work for dutch companies through my dutch bank account while I am visiting in Canada right? I stated this many times at the border and they never said anything about it.

 

[scylla]

But Mapleson I can do contract work for dutch companies through my dutch bank account while I am visiting in Canada right? I stated this many times at the border and they never said anything about it.

Yes - provided the work you are doing is not for Canadian customers / companies. If there are any Canadian customer / companies involved - it's illegal without a work permit.

You need to stay away from any work that involves ANY Canadian companies / customers while physically in Canada if you want to keep things above board. I realize it may seem like it's all the same to you - however once your physically in Canada you're classified as competing with the Canadian work force and need an approved work permit to work legally for Canadian customers / companies.

It's obviously a personal choice - but I wouldn't mess around with stuff like this even if the chances of someone finding out are extremely low (my husband who is an international development consultant was in a similar position when he was living in Canada as a visitor). I don't think it's worth the risk of an exclusion order or six months illegal work ban. But again, personal choice.