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Travel Visa - Freelancer

sjsjsj

Newbie
Mar 12, 2012
3
0
Hi,

I am a freelancer & i already work from home kind of stuff...I have clients in various countries including canada,usa & uk..

Im actually planning to travel & stay at various countries to experience the variety of life styles...Therefore, i will travel using travel visa..

However, to make my pocket running, i will continue work from my laptop as well...Now does that violate anything is what i was wondering about ?

NOTE - I will not be involved in getting / building any kind of business anywhere..

Hope to hear seom expert advice on this..
 

NBaker

Hero Member
Oct 23, 2011
293
7
If you are working for a Canadian company while in Canada, even from home, you require a work permit. It would need to be applied for outside Canada.
 

sjsjsj

Newbie
Mar 12, 2012
3
0
Thanks for the reply.

However, the scenario is - i already have a few Canadian clients & they are my existing clients...Therefore, i will keep on working for them too...

Does that cause issue ?

Point is i never built up or got the business by being/ going to canada...so wondering how should this impact ?

Thanks..
 

NBaker

Hero Member
Oct 23, 2011
293
7
Of course that causes a problem.

The employer can be charged with hiring someone not authorized to work in Canada. This can result in a fine or jail time.

http://laws-lois.justice.gc.ca/eng/acts/I-2.5/FullText.html

Immigration and Refugee Protection Act - Canada
Contravention of Act

124. (1) Every person commits an offence who
(a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act;
(b) escapes or attempts to escape from lawful custody or detention under this Act; or
(c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed.
Marginal note:Deemed knowledge

(2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized.
Marginal note:Due diligence defence

(3) A person referred to in subsection 148(1) shall not be found guilty of an offence under paragraph (1)(a) if it is established that they exercised all due diligence to prevent the commission of the offence.
Marginal note:penalties

125. A person who commits an offence under subsection 124(1) is liable
(a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

Continuing to work on your part can result in your being ordered excluded from Canada.

You are physically in Canada and working here having obtained entry to Canada as a tourist so you may also have misrepresented yourself. Had the officer allowing you forward been aware that you also planned to work while you were here and were not authorized to do so they may have refused your entry.

Of course there are income tax implications as well which vary depending whether you are in Canada or not.
 

sjsjsj

Newbie
Mar 12, 2012
3
0
Thanks very much.

** Now in another case, i would assume that if someone is on vacation & has decided to go canada for a trip.Suddenly get a call from their office for some emergency work ( assuming work is internet based) , opens up his laptop & fixes the issue ( logically works) .
Coincidentally, that client is from canada for which the fix / work was done.
In this case, the guy has violated a law....

Logically speaking, it does sound strange since the guy has never got any businness by being in canada...do let me know if you had any view on this.

** IN ALL CASES(EVEN IN MINE), PAYMENT WILL BE DIRECTED TO MY OWN COUNTRY BACK ACCOUNTS.So tax issue should not be there i suppose because ill be obliged to pay taxes in my own country..

Anyways, i appreciate your time in responding to my queries..Thanks a lot..
 

NBaker

Hero Member
Oct 23, 2011
293
7
Indeed, these are interesting situations that can arise, but unless and until the legislation changes to provide a mechanism to resolve them the fact remains that work done in Canada in other than limited cases (this not being listed as one to date) requires a work authorization.
 

Pratima26

Newbie
Jul 23, 2013
9
4
NBaker said:
Indeed, these are interesting situations that can arise, but unless and until the legislation changes to provide a mechanism to resolve them the fact remains that work done in Canada in other than limited cases (this not being listed as one to date) requires a work authorization.
hi...I have a closed work permit and getting some freelance scientific work from outside Canada which will pay me in USD...I am ready to declare this for tax purpose but confuse if I am allowed to do it legally. Senior members please advice. thanks
 

itstime

Hero Member
Jul 8, 2013
871
27
Job Offer........
Pre-Assessed..
sjsjsj said:
Hi,

I am a freelancer & i already work from home kind of stuff...I have clients in various countries including canada,usa & uk..

Im actually planning to travel & stay at various countries to experience the variety of life styles...Therefore, i will travel using travel visa..

However, to make my pocket running, i will continue work from my laptop as well...Now does that violate anything is what i was wondering about ?

NOTE - I will not be involved in getting / building any kind of business anywhere..

Hope to hear seom expert advice on this..
You could be just fine.

Check these links

http://www.cic.gc.ca/english/work/special-business.asp

http://www.cic.gc.ca/english/work/apply-who-nopermit.asp

the CIC in general is a goldmine of information. Take your time reading it.