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Working remotely under Visitor Record

thrashertm

Member
Mar 1, 2012
12
0
Hello,
I am a US citizen working for major US company with a Seattle work location, but I am able to work remotely almost entirely for my job. My girlfriend recently moved to Vancouver with a three year work permit at a major global company. I would like to stay with her while working remotely indefinitely, which I had intended to do as a "visitor" but apparently that's not feasible. Again, I have NO INTEREST in participating in the Canadian labor market, as I have a great job, with good salary income, working remotely.

I arrived in Vancouver on April 12th, but on April 20th I drove into the US just for the day to run some errands, and when I attempted to return to Vancouver Canadian immigration scrutinized me and then gave me 2 month visitor record, with these stipulations
1. Prohibited from engaging in employment in Canada
2. Prohibited from attending academic institutions…
3. Must leave by June 20th

Again, I have no interest in working for a Canadian company, but I want to be able to reside here legally and be able to freely leave/return to the country for business/pleasure.

Some options I am considering -
• Apply for an extension on the visitor visa based on this and this, then file for a work permit or some other type of status. I must do this before 5/20 apparently.
• Obtain a job in Canada with sponsorship
• Move to Washington temporarily while I file for a work permit - I scored a 73 on the Skilled workers and professionals test where 67 is the required score.
• Marrying my girlfriend to enhance the possibility of securing status

What is the easiest and fastest way to achieve some sort of legal status here in Canada? Again, I have no interest in employment from a Canadian company.

Thanks!
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Visitor status will not allow you to live here indefinitely or travel back and forth across the border freely. This isn't a realistic option. To get a work permit, you need an employer to offer you a job. That employer also needs to obtain something called a labour market opinion (essentially approval to hire you and proof that he advertised the job and couldn't find a Canadian to hire for the role). LMO + work permit will take months - and that assumes you can even find an employer willing to go through the process. Consequently I don't think the work permit route is a realistic option for you either.

Assuming your relationship is serious, your best/fastest bet is to either marry your girlfriend and have her sponsor you through the spousal sponsorship program. If you have lived together for a minimum of one full year, she can also sponsor you as a common law partner. Read more about the process here (first post in the thread):

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Just to add...

If you do go the spousal sponsorship route - definitely apply outland (not inland). More details are in the link I provided.

Also, "fastest" doesn't mean this will all be done in a few weeks. You're probably looking at a couple of months to get all of the paperwork together and they another 6-8 months for the processing of your application (assuming the file processing goes smoothly).
 

thrashertm

Member
Mar 1, 2012
12
0
Thanks for your reply. I have been doing some more research, and have discovered a few more options that would likely be faster than the LMO+work permit approach. What do you think?

1. My current employer has operations in nearly every country including Canada. I could do an intra-company transfer to the Canadian division - cic.gc.ca/english/work/special-business.asp I qualify as a Computer Systems Analyst a Management Consultant.

2. Business visitor status - I qualify as a remote worker for my primary employer, as all business occurs in the United States and I am just participating remotely. I am also starting work in a few days for an offshore bank, working with clients outside the US and Canada.
cic.gc.ca/english/visit/business-who.asp

If I pursue #1 or #2, what are my odds of being able to get Canadian Immigration to extend my Visitor Record while I make longer-term arrangements? If I can't get an extension, should I just leave Canada and attempt to re-enter as a business visitor?
 

thrashertm

Member
Mar 1, 2012
12
0
Another option would be this I think - assuming it applies to my current girlfriend who is on a 3 year work permit. We could get married then apply under this - cic.gc.ca/english/information/faq/work/index.asp#work-faq08
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
thrashertm said:
Thanks for your reply. I have been doing some more research, and have discovered a few more options that would likely be faster than the LMO+work permit approach. What do you think?

1. My current employer has operations in nearly every country including Canada. I could do an intra-company transfer to the Canadian division - cic.gc.ca/english/work/special-business.asp I qualify as a Computer Systems Analyst a Management Consultant.

2. Business visitor status - I qualify as a remote worker for my primary employer, as all business occurs in the United States and I am just participating remotely. I am also starting work in a few days for an offshore bank, working with clients outside the US and Canada.
cic.gc.ca/english/visit/business-who.asp

If I pursue #1 or #2, what are my odds of being able to get Canadian Immigration to extend my Visitor Record while I make longer-term arrangements? If I can't get an extension, should I just leave Canada and attempt to re-enter as a business visitor?
I assumed your girlfriend was Canadian. The fact that she isn't changes things significantly (no option for her to sponsor you right now).

For the above, #1 could work if your employer is in fact willing to offer you a permanent job in Canada and are willing to complete the inter-company transfer paperwork. #2 will only work if you are actually coming to Canada to do business here (i.e. work with someone here). I don't think this option will fly if you're coming here to work remotely. Also, this visa is meant for short business trips. It will not allow you to live here indefinitely or cross back and forth across the border freely.

I have no idea what the processing times would be for the inter-company transfer.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
thrashertm said:
Another option would be this I think - assuming it applies to my current girlfriend who is on a 3 year work permit. We could get married then apply under this - cic.gc.ca/english/information/faq/work/index.asp#work-faq08
Yes - this is probably another option (your girlfriend is here as a live-in caregiver?). However it's certainly not going to be a fast one.
 

thrashertm

Member
Mar 1, 2012
12
0
Thanks again for your reply. This probably has no bearing, but my offshore banking job requires that I be outside the United States - thus the necessity of doing it from Canada. I could also go to another country I suppose. What do you think?
 

thrashertm

Member
Mar 1, 2012
12
0
scylla said:
Yes - this is probably another option (your girlfriend is here as a live-in caregiver?). However it's certainly not going to be a fast one.
My girlfriend is working as an accounting professional for a global accounting firm. Does that make a difference?
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
thrashertm said:
Thanks again for your reply. This probably has no bearing, but my offshore banking job requires that I be outside the United States - thus the necessity of doing it from Canada. I could also go to another country I suppose. What do you think?
Sorry - I have no idea. Again, business visas are really aimed at people who are coming to Canada to do business in Canada / with Canadians. No idea what they would think of your scenario. However it's definitely not the norm.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
thrashertm said:
My girlfriend is working as an accounting professional for a global accounting firm. Does that make a difference?
Her best bet for becoming a permanent resident is probably the Canadian Experience Class stream. Once she has completed two years of full time work in Canada she will qualify to apply. Assuming you are married/common law by then, she can include you in the application. Processing times for these applications are currently around 15 months.

http://www.cic.gc.ca/english/immigrate/cec/index.asp
 

thrashertm

Member
Mar 1, 2012
12
0
scylla said:
Sorry - I have no idea. Again, business visas are really aimed at people who are coming to Canada to do business in Canada / with Canadians. No idea what they would think of your scenario. However it's definitely not the norm.
Thanks so much for your assistance with this. My current plan is to try for a transfer within IBM, then try crossing the border for a business visitor visa as a backup plan.
 

Aquib

Hero Member
Apr 19, 2011
903
128
Calgary
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
Jan 2010
Doc's Request.
March 2010
AOR Received.
JULY 2010
IELTS Request
SUBMIT WITH APPLICATION
File Transfer...
FEB 2010
Med's Request
09 FEB 2012
Med's Done....
27 Feb 2012
Interview........
Medical received 12 March
Passport Req..
15 April 2012
VISA ISSUED...
30 April 2012
LANDED..........
Sep 18 2012 Shuker Allah.
thrashertm said:
Thanks so much for your assistance with this. My current plan is to try for a transfer within IBM, then try crossing the border for a business visitor visa as a backup plan.
What about student visa route .?