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Can I work as a freelancer for the same company I have a work permit for?

Madmarin

Newbie
Feb 16, 2024
1
0
To give a little context to my question
-i have been working as a freelancer from my home country for a year , for a Canadian company
- Upon entering Canada with my visa and work permit I was informed at work that I would not be hired full time and would have to remain a freelancer.
-full-time job offer I used when I submitted my lmia has been cancelled. However, it seems that the company did not cancel the LMIA with the immigration office(maybe not yet?)

What options do I have now as someone who
- has a closed work permit which was done through the same company
-has no option for now but to work as a freelancer for the same company since I cannot be hired full-time by them.
-If not, can I work freelance for the same company and get paid in the bank of my native Country so I don't violate work visa laws untill I can convert my work permit to a spousal work permit?
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
52,981
12,775
To give a little context to my question
-i have been working as a freelancer from my home country for a year , for a Canadian company
- Upon entering Canada with my visa and work permit I was informed at work that I would not be hired full time and would have to remain a freelancer.
-full-time job offer I used when I submitted my lmia has been cancelled. However, it seems that the company did not cancel the LMIA with the immigration office(maybe not yet?)

What options do I have now as someone who
- has a closed work permit which was done through the same company
-has no option for now but to work as a freelancer for the same company since I cannot be hired full-time by them.
-If not, can I work freelance for the same company and get paid in the bank of my native Country so I don't violate work visa laws untill I can convert my work permit to a spousal work permit?
You can’t work from Canada for a Canadian employer without having a WP and being employed directly by them. If you got a WP you would have needed a job in Canada. Did you not have a signed contract before coming to Canada? If the employer contacted IRCC to let them know they no longer were offering you a full-time job and to withdraw the job offerI find it extremely suspicious that they did not contact you while in your home country to inform you that there was not full-time job available for you in Canada but you could continue to freelance for you. An LMIA is not related to you it is attached to the employer and is an assessment that the employer has not been able to find a skilled employee in Canada and needs to hire some from abroad.

Does your spouse have a WP in Canada? What type of WP and when does it expire? If SOWP was an option why did you not apply for an SOWP first. Unfortunately if you want to work for the Canadian employer you will have to return home. You may want to meet with a labour lawyer if you had a contract and came to Canada only to find out that there was no job. You may be entitled to some payment because you relocated with a contract without being told there was no longer a full-time job until the day you arrived.
 
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