Working remote while travelling in Canada with eta

[alecun]

Hi all,
My situation is the following:
-I've been in Canada on a working holiday visa for 6 months
-I'm going back home for few weeks, then go back in Canada a couple of days before my working holiday expires and apply for an ETA
-The company I was working for in Canada will hire me in my home country in their subsidiary there
-I want to travel and work remotely in Canada for possibly 6 months.

Questions:
-I have read in some other topic and in the foreign worker immigrant document that is ok to work remote while visiting if the company is outside of Canada and the bank account is outside of Canada, can you guys confirm it?
-To get the full 6 months is better to tell the officer I have a job back home and that I will work from Canada (obviously no employer will give you 6 months vacation ) or not say anything?
-Do I have to pay taxes in Canada for the visitor period?
-I'm going to apply for a PR, that's why I need this to be totally legal. When I will apply for the PR can I consider this period as a foreign worker experience? The fact that I had a visitor status in Canada in the same period will be a problem?

Thank a lot who will answer!! ;D

 

[Jalex23]

-I have read in some other topic and in the foreign worker immigrant document that is ok to work remote while visiting if the company is outside of Canada and the bank account is outside of Canada, can you guys confirm it?

You cannot work in Canada.

Working in Canada is defined (roughly) as performing any labor localy or remotely for a Canadian costumer and/or receiving pay by a Canadian employer.

-To get the full 6 months is better to tell the officer I have a job back home and that I will work from Canada (obviously no employer will give you 6 months vacation ) or not say anything?

It is better not to give a false impression to the CBSA officer. Be trustful, clear and transparent.

Carry proper documentation if possible.

-Do I have to pay taxes in Canada for the visitor period?

If you earn money in Canada then you have to pay taxes.

-I'm going to apply for a PR, that's why I need this to be totally legal. When I will apply for the PR can I consider this period as a foreign worker experience? The fact that I had a visitor status in Canada in the same period will be a problem?

This is better asked in the Foreign Workers section of the forum.

 

[alecun]

Thank you for the replay!
That's why I think is legal (my employer is outside canada and I am payed outside Canada), or I am misunderstanding?

cic.gc.ca/english/resources/tools/temp/work/about.asp (add www at the beginning)

What kind of activities are not considered to be "work"?
An activity which does not really 'take away' from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not "work" for the purposes of the definition.
Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or Permanent Residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:
......
long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

 

[scylla]

You can work remotely while in Canada if the company is outside of Canada - and if they have no customer or clients that are Canadian.

If you arrive in Canada and tell the CBSA officer that you plan to work remotely for six months in Canada - you may run into issues entering the country since it may sound like you're trying to live in Canada without authorization.

Withdrawing the above. A work permit is in fact required because the company is a subsid. of a company in Canada.

 

[Jalex23]

Thank you for the replay!
That's why I think is legal (my employer is outside canada and I am payed outside Canada), or I am misunderstanding?

cic.gc.ca/english/resources/tools/temp/work/about.asp (add www at the beginning)

What kind of activities are not considered to be "work"?
An activity which does not really 'take away' from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not "work" for the purposes of the definition.
Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or Permanent Residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:
......
long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

You are overthinking it...

"Working in Canada is defined (roughly) as performing any labor locally or remotely for a Canadian costumer and/or receiving pay by a Canadian employer."

Your costumer is not Canadian and you are not being paid by a Canadian employer. So you can do it.

 

[Bs65]

You can work remotely while in Canada if the company is outside of Canada - and if they have no customer or clients that are Canadian.

If you arrive in Canada and tell the CBSA officer that you plan to work remotely for six months in Canada - you may run into issues entering the country since it may sound like you're trying to live in Canada without authorization.

So in the original post it was quoted that the OP would return a few days before IEC expires so my assumption would be that 1)CBSA will admit the OP for the remaining duration of the IEC only although that may raise a few questions in any case if only a few days left. 2)Once admitted still on the IEC the OP will need to apply separately for an extension to remain as a visitor with convincing touristy things. The latter possibly would not granted for 6 months but each case is different.

I may be wrong and the OP may be able to persuade CBSA to ignore the time left on the IEC and allow entry as a visitor cancelling the IEC or simply imply the OP without a formal extension must leave when IEC expires but for sure expect any mention of work beyond the IEC validity even if transitioning to a tourist/visitor status will possibly raise a few flags given the proxmity of the IEC expiry.

Personal view but working remotely in Canada for a subsidiary of a Canadian company that is located in home country seems stretching a point for foreign work experience but hey I guess anything can be explained
away and people are always coming up with inventive options.

As always a lot more experienced people on here who can clarify this view and maybe i am talking nonsense.

 

[scylla]

Personal view but working remotely in Canada for a subsidiary of a Canadian company that is located in home country seems stretching a point for foreign work experience but hey I guess anything can be explained
away and people are always coming up with inventive options.

I missed the part that the company is a subsidiary of a Canadian company. I'm withdrawing my previous comments. A work permit is absolutely required to work remotely in Canada. Thanks for the catch.

 

[Jalex23]

I missed the part that the company is a subsidiary of a Canadian company. I'm withdrawing my previous comments. A work permit is absolutely required to work remotely in Canada. Thanks for the catch.

It really depends on the type of subsidiary we are talking about.

If the company is issuing a contract on another country and paying in a local financial institution then you do not need a work permit.

Maybe OP can tell us what this company behaves like.

 

[alecun]

Thanks all for the replay

Probably subsidiary is not the right term, sorry for the mess. The company I work for is a multinational corporation with the HQ based in USA like could be Google.
Ex. Right now I work for Google Canada and soon after my working holiday expires I will be hired by Google Ireland signing a brand new contract. Notice that I will not perform any work for Google Canada anymore.

Regarding the visitor visa, I already sent the documents for the extension, and I hope to get it before to come back. If I don't receive any answer I should be in implied status after the whv expires or I am wrong? Showing the officer the copy of the extension application, the receipt and the new work contract shouldn't be enough? Should I move the flight to the day my visa expire?(After I get to Vancouver airport I can fly Seattle and go back to Vancouver when my working holiday is over for example?)

 

[Jalex23]

Thanks all for the replay

Probably subsidiary is not the right term, sorry for the mess. The company I work for is a multinational corporation with the HQ based in USA like could be Google.
Ex. Right now I work for Google Canada and soon after my working holiday expires I will be hired by Google Ireland signing a brand new contract. Notice that I will not perform any work for Google Canada anymore.

Then you do not need a work permit.

Regarding the visitor visa, I already sent the documents for the extension, and I hope to get it before to come back. If I don't receive any answer I should be in implied status after the whv expires or I am wrong? Showing the officer the copy of the extension application, the receipt and the new work contract shouldn't be enough? Should I move the flight to the day my visa expire?(After I get to Vancouver airport I can fly Seattle and go back to Vancouver when my working holiday is over for example?)

You are from a visa exempt country right? If so then you cannot apply for a TRV. Please share all the needed information for proper advice.

All other questions are quite confusing. Why would you show a contract to the CBSA officer? Why would you travel to Seattle? What visa would expire if you are from a visa exempt country?

Please get the proper terms right (for starters there is no such thing as a "visitor visa") that would clarify your situation and will give you a better understanding of the situation.

 

[alecun]

I'm confused as well :

You are from a visa exempt country right? If so then you cannot apply for a TRV. Please share all the needed information for proper advice.

Yes I'm from a visa exempt country(I just need the ETA), but I have applied for an extension as a visitor of my working holiday (IMM5708). The ETA would have been enough??

All other questions are quite confusing. Why would you show a contract to the CBSA officer?

The contract I will have with my home country company, as a proof that I will not try to find a job and that I have strong ties with my home country

Why would you travel to Seattle?
What visa would expire if you are from a visa exempt country?

As Bs65 said I might have problems getting in with only a couple of days left on my working holiday visa. Since I already have a flight to Vancouver I was thinking to get a flight connection to Seattle and then go back to Vancouver after my working holiday is expired. Should this make any sense?

So in the original post it was quoted that the OP would return a few days before IEC expires so my assumption would be that 1)CBSA will admit the OP for the remaining duration of the IEC only although that may raise a few questions in any case if only a few days left. 2)Once admitted still on the IEC the OP will need to apply separately for an extension to remain as a visitor with convincing touristy things. The latter possibly would not granted for 6 months but each case is different.

I may be wrong and the OP may be able to persuade CBSA to ignore the time left on the IEC and allow entry as a visitor cancelling the IEC or simply imply the OP without a formal extension must leave when IEC expires but for sure expect any mention of work beyond the IEC validity even if transitioning to a tourist/visitor status will possibly raise a few flags given the proxmity of the IEC expiry.

 

[Jalex23]

The ETA would have been enough??

ETA does not grant status.

The contract I will have with my home country company, as a proof that I will not try to find a job and that I have strong ties with my home country

That is like saying that because you have a car you won't buy another one.

As Bs65 said I might have problems getting in with only a couple of days left on my working holiday visa. Since I already have a flight to Vancouver I was thinking to get a flight connection to Seattle and then go back to Vancouver after my working holiday is expired. Should this make any sense?

This is a red flag of someone that wishes to abuse of the system, not of a genuine visitor.


I sincerely recommend getting your terms right. Please do some research until you stop being confused and then we can help you if there are questions left.

Good luck.

 

[alecun]

Jalex23 just to get this straight, I'm not asking how to abuse the system. I've got a good job that allows me to travel and work, why I shouldn't enjoy the summer in Vancouver if is possible? If is not legally possible I will not do it

That is like saying that because you have a car you won't buy another one.

If I have a full time job to support myself already why should I work under the table?

Let me reformulate.
I'm currently in Canada on a IEC visa, I have to ask for a extension if I wish to stay on a visitor status (it doesn't matter that I'm from a visa exempt country) after the IEC expires, and that's what I did.
My question is: since I have to go back home few weeks before my visa expires, what's the best date to return to Canada, shortly before or shortly after my IEC visa expires?
I wanted to return to Canada before my IEC expires because if I don't receive the answer for the extension in time I will still be on implied status after my IEC visa has expired, but turned out this might be not the best idea.
Hope I clarified myself! Thank you for the help