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Working while visiting husband

tinytortoise

Star Member
Feb 7, 2012
156
1
Houston, Texas
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
22-01-2013
AOR Received.
06-02-2013
Med's Done....
09-10-2012
Interview........
Waived
Passport Req..
22-07-2013
VISA ISSUED...
23-08-2013
I'm American and own my own consulting firm, everything I do is online in the US. If I file my application and then visit my husband for 6 months, can I still consult for that 6 months in Canada if I still have a permanent address in the US? I'm not working for Canadian companies, or being paid in CAN. It would be like I was working in the US just visiting over the border. Is this an issue? Am I not allowed to make any money during that visitation period? I often travel to Canada over the weekends and have always answered emails or worked on documents while there (my livelihood depends on it). I would hate to lose my company because I want to visit my husband. Any insight?
 

bbiery

Star Member
Aug 7, 2011
64
3
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
04-10-2011
Doc's Request.
5-3-2012
AOR Received.
20-12-2011
Med's Request
08-03-2012
Med's Done....
20-09-2011
Passport Req..
26-04-2012/Decision Made 14-05-2012
I found this on another forum:

In Section 5.1 of the Foreign Workers Guide, they explain what is not considered to be work for purposes of having to be issued a work permit:
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:
• volunteer work for which a person would not normally be remunerated, such as sitting on the board of a charity or religious institution; being a ‘big brother' or ‘big sister' to a child; being on the telephone line at a rape crisis centre. (Normally this activity would be part time and incidental to the main reason that a person is in Canada);
• unremunerated help by a friend or family member during a visit, such as a mother assisting a daughter with childcare, or an uncle helping his nephew build his own cottage;
• long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;
• self-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians. Examples include a U.S. farmer crossing the border to work on fields that he owns, or a miner coming to work on his own claim.
There may be other types of unpaid short-term work where the work is really incidental to the main reason that a person is visiting Canada and is not a competitive activity, even though nonmonetary valuable consideration is received. For instance, if a tourist wishes to stay on a family farm and work part time just for room and board for a short period (i.e., 1-4 weeks), this person would not be considered a worker. We recognize that there may be overlap in activities that we do not consider to be work and those activities which are defined as work not requiring a work permit in R186. However, the net effect (no work permit required) is the same.



I think the key word here in the 4th item is "temporary", so if you file your PR and have duel intent it might start to get a bit more complicated.
 

tinytortoise

Star Member
Feb 7, 2012
156
1
Houston, Texas
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
22-01-2013
AOR Received.
06-02-2013
Med's Done....
09-10-2012
Interview........
Waived
Passport Req..
22-07-2013
VISA ISSUED...
23-08-2013
Thanks, this helps immensely. I just hope I can prove that what I do does not take away from Canadians in case it becomes an issue.
 

OhCanadiana

VIP Member
Feb 27, 2010
3,086
217
Job Offer........
Pre-Assessed..
If you are in Canada more than 183 days you may become a 'deemed resident' and may need to file business taxes if your revenue is more than 30k over four consecutive quarters. You would then have to charge GST/HST. HOWEVER, if your clients are non-resident of Canada, your GST/HST rate is likely 0% so you just would just need to fill in a return indicating no collected amount. The advantage, though, would be that if you incur expenses you can deduce them resulting in a credit for your personal return.

There is an GST/HST Rulings department at CRA that can give you their verdict after you answer a few simple questions on the work you do. It's a very easy call - they'll just ask you a few questions about the type of work you do to understand whether you qualify (there's very specific exceptions - e.g., if you do repairs on goods shipped in from overseas, if you are a sales person, etc). I found them very helpful. You can also register your business with another simple call to CRA.

Call the business CRA phone number (1-800-959-5525). They can give you the rulings office's phone number and also help you register in Canada.