Working for an employer overseas over the internet while in Canada, is it legal?

[kmagnusc]

That's my question. I will hold temporary resident VISA.
But, I will work for people in different countries over the internet.
They're not in Canada and they're not affected by Canadian laws.

And no physical work will be performed. I'll be just giving them information and visual graphics they need.

So you want to accumulate foreign work experience at a distance while still living in Canada as a temp res? I'm not sure it would fly with CIC, but admittedly it's new territory. So many people work at a distance these days but the laws are still catching up.

It's a long haul option but you could do some kind of certificate program here on a student visa, work to pay the bills via distance (and get the nice USD income boost), then once you finish your certificate, get open work permit under Post Graduate Work Permit visa. Get a F/T job, get supported under a PNP, go through EE.

 

[kvrforum]

So you want to accumulate foreign work experience at a distance while still living in Canada as a temp res? I'm not sure it would fly with CIC, but admittedly it's new territory. So many people work at a distance these days but the laws are still catching up.

It's a long haul option but you could do some kind of certificate program here on a student visa, work to pay the bills via distance (and get the nice USD income boost), then once you finish your certificate, get open work permit under Post Graduate Work Permit visa. Get a F/T job, get supported under a PNP, go through EE.

Yes, I would rather work over the internet for people in USA and Japan than struggling with LMIA.


And that long-haul plan is what my lawyer suggested me to do.
He told me to enroll in a bad college which has the minimum attendance requirement and easy courses and just get the diploma to get post graduate work permit.
But that makes this whole thing take 2 years. (1 year at college, 1 year of work in Canada)...
I don't have that much money and time... I don't believe I will be able to pay that $13,000 tuition fee. Even if I work full time, I will have to spend the most of income for living and tuition during that school year.
I already had 4 years of university education in USA... I spent a lot of money and time already. If I have to go back to college once more for just immigration purpose, it will be the funniest thing in my life which a 12-year-old would laugh at. I won't like to do this just to please immigration law and CIC guys...

 

[kvrforum]

But thanks for that idea..

I will look up if there's any shorter and even cheaper certificate programs...

Is there any free college program in Canada at all?

 

[kvrforum]

or why can I just go to Brazil to do this?

Then, it's none of CIC guys' concern...

It's funny to think in this way but seriously this immigration law is that hard to work around it...

They want something and they make it impossible to achieve it unless you spend a year or two just for that.

 

[cyt0plas]

Yes, you can work for foreign employers while in Canada. No, it doesn't require a work permit, as long as the clients are not in Canada, and the company does not maintain a Canadian presence.

 

[cyt0plas]

this is clueless and I think it only hinders a person from getting a job.

That's exactly the point. They don't want immigrants taking jobs from Canadians, so the employer has to prove that they aren't any qualified Canadians.

The LMIA process is explicitly designed to stop people from working without authorization, and making the authorization hard to get.

 

[cyt0plas]

Express Entry requires 1 year of work experience but it doesn't specifically want Canadian work experience done in Canada.

If you telecommute, it's not considered Canadian work experience. It's US work experience or Japan work experience. You can use it for FSW, but it will not qualify you for CEC.

PNP International Skilled Worker program also requires just one year of work experience which you can verify with bank record and employer letter. It doesn't have to be in Canada.
I want to try PNP and EE by doing this.

That is definitely a possibility. The Sask PNP has 2174 and 2173 on their occupation list.

In the next six months, I will have PayPal account money history, website design & graphic design examples, and reference letters ready.
I will apply for both PNP International Skilled Worker and EE.

You may need to work for someone else. From the SINP application:

Documentation must include a letter of reference from the supervisor or Human Resources officer, for each work experience listed, that is printed on company letterhead, or the applicant’s official work book or other official government document. A letter of reference must state the job title, job duties, wage and duration of employment.

That might be difficult if you are self-employed. Also, if you go the website design route, that gets closer to 2175, which is not on their priority list.

 

[kmagnusc]

or why can I just go to Brazil to do this?

Then, it's none of CIC guys' concern...

It's funny to think in this way but seriously this immigration law is that hard to work around it...

They want something and they make it impossible to achieve it unless you spend a year or two just for that.

CIC wants to see you make a commitment to Canada, so yes mist of the routes take some time. Why the hurry? 2 years still pretty quick for immigration. If Canada isn't really where you want to be, maybe try another place with a different scheme?

It will be an uphill effort for sure. If you go the route you plan, make sure to document carefully. You need proper invoices and a sole-proprietorship operation with consistent name and contact info. Get proper tax documents where applicable. PayPal alone won't cut it. When I have to prove self employment info I usually need two years of tax returns/receipts.

 

[One_Topsy]

If you telecommute, it's not considered Canadian work experience. It's US work experience or Japan work experience. You can use it for FSW, but it will not qualify you for CEC.

Does he have to pay tax as a telecommuter?

 

[bhavcaluk]

The temporary resident visa is for a specific purpose.sat for a tourist,or a student.The temporary resident visa holder are not authorised to work or engage in commercial activity.Please check this aspect also.

 

[Aragorn165]

It is fine and legal to do so. your job is regarded as being from the country that the employer is based in, rather than the country you are staying in. In other words, if you work for, say, an Indian website while in Canada, the work experience for that site will be for an Indian employer, not a Canadian one; income from that job will have to be reported to Indian authorities.

 

[Bs65]

It has been said before you are not in Canada on any type of residence visa you are on a tourist visa designed to support tourism not work. In fact would likely raise many red flags with CIC if you even mentioned fact you are/ have spent an extended period of time in Canada on a tourist visa such as how you are funding such a stay leading to all the questions posted about work for offshore companies which may well be ok but still questioned anyway. As for a lawyer suggesting find a bad college would politely suggest you fire the lawyer if lawyer was making a serious comment. Overall being on a tourist visa for any length of time in this plan could be a high risk strategy to achieving your goal.

 

[kvrforum]

The temporary resident visa is for a specific purpose.sat for a tourist,or a student.The temporary resident visa holder are not authorised to work or engage in commercial activity.Please check this aspect also.

Yes ... I question this also but the works will not affect a single Canadian. None of Canadian people will need to visit those countries to check their laws.

I may consider traveling around the world a little bit then. I can make monthly wage from doing this. I might visit several places around the world and then come back here after 6 months.

CIC guys want you to have work experience but not in Canada....they want to kick your ass with LMIA when you try to work.
This is how bizarre this whole situation is about.
In normal life, this can be considered as a part of comedy movie... nothing more.

 

[kvrforum]

But, how can I make tax records? do I have to provide PNP officers with a tax record too?

I reported my status to my country of citizenship as "Temporary Tour."
For the next one year, I won't have to pay tax until I go back to my country of citizenship. I don't have any established business in my home country so no one will ask me for that.

 

[Ottawa-applicant]

This might help, please see the following:

http://www.canadavisa.com/canada-immigration-discussion-board/online-work-t388693.0.html;msg4834643#msg4834643