Working remotely in Canada for Australian employer on visitor visa

[adro93]

I will be travelling to Canada with my partner for 6 months to visit his family. I am an Australian citizen, and my partner is a Canadian citizen.

I anticipate entering Canada on an eTA. I would like to work remotely for my Australian employer during my stay in Canada. The organisation has no clients or ties in Canada.

I would appreciate any advice or thoughts on the following:

1. Will I have any trouble entering Canada at the border if I don’t have a return flight booked?
2. Do I need a work visa to work remotely in Canada? My research suggests that remote work by a non-resident for a foreign employer is not considered work under Canadian immigration guidelines.
3. What, if anything, do I need to say to the border officer if they ask me about my plans in Canada?

Note: I am aware remote working can introduce tax obligations for my Australian employer. They will be applying for a waiver under the tax treaty. My questions are about visa requirements and entrance at the border.

Thank you!

 

[neuroCanadian]

1. Will I have any trouble entering Canada at the border if I don’t have a return flight booked?
2. Do I need a work visa to work remotely in Canada? My research suggests that remote work by a non-resident for a foreign employer is not considered work under Canadian immigration guidelines.
3. What, if anything, do I need to say to the border officer if they ask me about my plans in Canada?

1. yes

2. The link you shared here seems to suggest rare circumstances of less than 4 weeks, during which you don’t receive money but instead room and board, could be exempt but even then it’s only because it’s less than 4 weeks—it clearly states that even 5+ weeks of unpaid, but remunerated work is not exempt. I think you have greatly misunderstood your research.

IRCC and the federal govt at large is extremely scrutinizing when it comes to micro-managing the economy. It’s becoming tricky in the age of digital nomads. They look at the Canadian “market” — which gets into really weird economic studies including things like “if a tourist makes a YouTube video inside Canada, is there a chance a Canadian consumer could see it? If yes, they’re working illegally. If no, then ‘no harm to the market’.”

3. I don’t really have a suggestion here. If you were self employed or working in the “informal economy” in Canada, well all I can say is that there are tons of visitors who do work cash jobs here but they do not admit this to the border officers! But if this is a big enough Australian company, and since I would assume Australia has tax treaties with Canada (meaning the two countries potentially could share income tax and revenue info), you may wish to contact a lawyer. Or just not tell your employer where you are when working remotely.

 

[adro93]

1. yes

2. The link you shared here seems to suggest rare circumstances of less than 4 weeks, during which you don’t receive money but instead room and board, could be exempt but even then it’s only because it’s less than 4 weeks—it clearly states that even 5+ weeks of unpaid, but remunerated work is not exempt. I think you have greatly misunderstood your research.

IRCC and the federal govt at large is extremely scrutinizing when it comes to micro-managing the economy. It’s becoming tricky in the age of digital nomads. They look at the Canadian “market” — which gets into really weird economic studies including things like “if a tourist makes a YouTube video inside Canada, is there a chance a Canadian consumer could see it? If yes, they’re working illegally. If no, then ‘no harm to the market’.”

3. I don’t really have a suggestion here. If you were self employed or working in the “informal economy” in Canada, well all I can say is that there are tons of visitors who do work cash jobs here but they do not admit this to the border officers! But if this is a big enough Australian company, and since I would assume Australia has tax treaties with Canada (meaning the two countries potentially could share income tax and revenue info), you may wish to contact a lawyer. Or just not tell your employer where you are when working remotely.

Thanks for the info, appreciate it! Regarding question 2, if I had an open work permit through the International Experience Canada do you think this would reduce concerns?

 

[neuroCanadian]

Thanks for the info, appreciate it! Regarding question 2, if I had an open work permit through the International Experience Canada do you think this would reduce concerns?

i know literally nothing about the IEC but I believe that if you have an open work permit, you can do anything you like but you probably wouldn’t enter Canada as a “visitor,” I don’t believe