Happy Sunday all, I am hoping someone can give me a steer. I currently live with my husband and son in the UK. I am completing the family sponsor application and am wondering whether I can apply for the OWP at the same time? Also, my husband has his own UK based incorporated company and plans on continuing this work when we move to Canada. We have been given different bits of advice, we were told that if we have to wait until we arrive in Canada to apply for the OWP, then he could work 'remotely for a while while the OWP is processed....sounds too good to be true, Any thoughts/advice would be great. TIA
Outland Family Sponsorship and OWP
- Thread starter elisicia
- Start date
He can only apply for OWP at same time as the PR application when already in Canada.
Working remotely while being processed: while generally answer may be yes, situation is specific enough that you should likely speak to a lawyer/tax accountant.
Probably, yes, he can work for his own company while in Canada and waiting. (May be tricky if it's a one-person comapny, don't know).
But after getting the OWP he may want to get work locally (establishing own company/subsidiary? don't know) in order to qualify for health insurance.
Of course long term if he wants to keep doing so will need to make sure taxes etc in order anyway, whether by establihsing a Canadian company or continuing as he is now. (Note, may be british tax implications that could get tricky too)
Based on the information you provide, you can not apply for an OWP. This option is available only for inland application. If you really want to do so, you have to move to Canada first, then add proof that your are lawfully admitted in Canada.
Other poster quite rightly noted you cannot apply for OWP with an outland app. You'd have to move to Canada first and then apply inland.
But if you wanted to apply earlier, you could apply outland - just no OWP.
Thanks for your response, its really helpful. The plan is for him to open a Canadian ltd. We will be getting professional advice, thanks again
Thank you. We are going to submit the family spousal application and consider applying for a work permit on entry to the country.
I'm not sure you understand - there is no program to apply for a work permit on entry under outland family sponsorship. If you apply for it, it will be rejected.
I am guessing a bit as to your misapprehension but to be clear: an outland application does not become an inland application when you arrive in Canada - it remains an outland app. You would have to withdraw your existing app and reapply. Given the timeframes involved, you are better off deciding in advance whether you wish to do inland or outland and proceed accordingly.
If you want to submit a work permit app, will need to arrive in Canada and apply for the OWP along with the inland app.
i was thinking that my husband will not have received his PR prior to our arrival so it was my hope that he could apply for a work permit while the PR is being processed.
Unfortunately he does not qualify for an open work permit since you have applied outland.
If he wishes to work, he will need to secure a job offer from an employer in Canada and that employer will need to obtain an approved LMIA so that he can apply for a closed work permit.
I think should be clear now that he cannot apply for a separate work permit under your existing outland application.
But you've said he intends to continue working for his existing (own) company in the UK both before and after receiving his PR status.
Roughly that is usually ok - i.e. somebody working for Generic UK Company doing Only Business in UK can do online work while in Canada visiting (which will be his status until he receives PR) without a work permit. (There's a specific part of the immigration act/ labour codes that this falls under, not an expert though, and some limits such as doing work for Canadian companies/clients, and I don't know the details of that)
But since he intends to continue to do the same work afterwards and possibly register a Canadian company to do so, speak to a lawyer / accountant to make sure he does not fall into any unanticipated tax/legality traps. If he's careful and cautious about how he goes about this, it will probably be okay for him to continue to do so as a visitor and until he gets PR status. It's important enough though that he should get proper advice.
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