WORKING FOR AND GETTING PAID BY AN AMERICAN COMPANY BUT HELPING OUT IN CANADA

[randspacific]

Hi everybody, hope all are well and I really hope this forum and it's members can help.

So I work for an American company as a Development Manager and they own a business in BC thats having a few problems and has come off the rails a little, I specialize in getting these things turned round and put back on the right track.

So it looks like they want me to go and sort things out ASAP. I will be paid by the American company and will still live in the USA. Can I go in on a daily basis or will I get told off for any reason? I am a Brit with a full American Green Card.

Thanks for your potential help.

[PMM]

Hi

Hi everybody, hope all are well and I really hope this forum and it's members can help.

So I work for an American company as a Development Manager and they own a business in BC thats having a few problems and has come off the rails a little, I specialize in getting these things turned round and put back on the right track.

So it looks like they want me to go and sort things out ASAP. I will be paid by the American company and will still live in the USA. Can I go in on a daily basis or will I get told off for any reason? I am a Brit with a full American Green Card.

Thanks for your potential help.

1.  You need a work permit.  Depending on your position in the company, it may be issued as an intra-company transferee. 


PMM

[randspacific]

Thanks for your reply PMM

OK I get that if I was being transfered to work there as my base and being paid by that business, I would need a work permit. So even though I will go home every day to the USA and that I will be paid by the American Head Office, American taxes etc, I will need a work permit.

I'm not being transfered, I am conducting training and recruitment of Canadian people for the business?

[PMM]

Hi

Thanks for your reply PMM

OK I get that if I was being transfered to work there as my base and being paid by that business, I would need a work permit. So even though I will go home every day to the USA and that I will be paid by the American Head Office, American taxes etc, I will need a work permit.

I'm not being transfered, I am conducting training and recruitment of Canadian people for the business?

1.  If you were only worker as a trainer, you wouldn't need a work permit, but the recruitment aspect probably will need the work permit to cover it. 
2.  CIC doesn't care where you sleep, you are being transferred by the parent to a subsidiary.
3.  With sufficient documentation outlining what the company is and the duties that you will be performing, you should be able to get the work permit at the Border.

PMM

[randspacific]

I get you. So there could be a major delay then, on when I can enter Canada to do the recruitment etc?

[ImmOfficer]

Sounds WP required to me. Looks like you will be acting in a managerial capacity.

Senior managers, intra-company transferees:
• manage the company, or a department, subdivision, function, or component of the company
• manage:
° other managers or supervisors
° professional employees, or
° an essential function
Doing business: regular, systematic, and continuous production of goods or delivery of services

If this is the case, you can apply for the work permit under CEC C12 (no LMO required) at the port of entry (POE). If you fit into this, you can have your company send you with proof of all of the below (usually a combination of letters from the company, copies of educational qualifications, and resume):

Employment criteria: continuous full-time
employment for 1 year within the previous 3 years
in a similar position with the company outside
Canada

Other criteria:
• Companies:
° must have a qualifying business
relationship: parent, subsidiary, branch, or
affiliate (does not include franchise or
license agreements);
° both must be doing business.
• Employee:
° must be working in a similar position with
the company in a foreign jurisdiction;
° is taking employment at a permanent and
continuing establishment of that company.

Documents required for entry:
From manager:
• proof of citizenship
• documentation from Employer
From employer:
• confirmation that the employee has been
employed in a similar position by the company
continuously for 1 year (full-time) within the
3-year period immediately preceding the
application
• outline of the employee's position outside of
Canada: job title, place in the company, job
description duties
• outline of the employee's intended position in
Canada
• arrangements for remuneration
• length of employee's intended stay in Canada
• description of the qualifying relationship
between the Canadian and the foreign
company
• evidence that both companies are doing
business

Duration of stay: maximum 7 years; initial work
permit may not exceed 3 years

Application for work permits: POEs or visa
posts; renewals through CPC-V


Good luck!