Applied for sponsorship w/ spouse, moving to Canada, working in Canada with a remote US job

[JovanniDanda]

Hello,

My wife is Canadian, I am a US Citizen. We met online 7 years ago, moved in together in 2019 when she moved to the US for school, and got married August 2023. Her US visa ends June of this year, as she is finished with school. I applied for spousal sponsorship December of 2023, and we're moving along quickly, however I understand it may take up to a year for the application to be fully processed. I have a remote job in the US and from what I understand, I can bring my job to Canada as long as I am a visitor (Digital Nomad).

I know I can apply to stay as a visitor up to 6 months, which is what we plan while the application is still processing. Once my application goes through, do I have to quit my US job? Is there another visa I need to apply for to keep my US job? Or do I downgrade as a Contractor? Do I need to apply for a workers visa in Canada to get this job as a contractor?

Any reply is greatly appreciated. Thank you.

 

[armoured]

Hello,

My wife is Canadian, I am a US Citizen. We met online 7 years ago, moved in together in 2019 when she moved to the US for school, and got married August 2023. Her US visa ends June of this year, as she is finished with school. I applied for spousal sponsorship December of 2023, and we're moving along quickly, however I understand it may take up to a year for the application to be fully processed. I have a remote job in the US and from what I understand, I can bring my job to Canada as long as I am a visitor (Digital Nomad).

I know I can apply to stay as a visitor up to 6 months, which is what we plan while the application is still processing. Once my application goes through, do I have to quit my US job? Is there another visa I need to apply for to keep my US job? Or do I downgrade as a Contractor? Do I need to apply for a workers visa in Canada to get this job as a contractor?

Any reply is greatly appreciated. Thank you.

So first: there is a decent chance that you will get your file approved and processed by June or a little bit after. US applications tend to be quick because police and security checks are easier. Plus you've been common law/married for some years now.

At which point: you land, you become a PR, and you can keep your US job and work remotely. You'll just have to pay taxes in Canada (which will probably be higher than in US, possibly depending on state, but you deduct what you've paid in US). You (and possibly your employer) will need to look into whether this arrangement makes sense, etc., or whether it's better to be a contractor or otherwise rearrange. Frankly, get an accountant or similar who is familiar with the issues - long-term you'll need to make some decisions. Do it now so you get familiar iwth it all. Some things like health nsurance and other benefits can play a role too.

Since this part of the arrangement - that is, continuing to work after getting PR - is easiest, you might be better off waiting a bit if it's not done by June, to avoid any permission or tax issues by arriving before your PR is ready and working before you become a PR.

 

[Ponga]

Hello,

My wife is Canadian, I am a US Citizen. We met online 7 years ago, moved in together in 2019 when she moved to the US for school, and got married August 2023. Her US visa ends June of this year, as she is finished with school. I applied for spousal sponsorship December of 2023, and we're moving along quickly, however I understand it may take up to a year for the application to be fully processed. I have a remote job in the US and from what I understand, I can bring my job to Canada as long as I am a visitor (Digital Nomad).

I know I can apply to stay as a visitor up to 6 months, which is what we plan while the application is still processing. Once my application goes through, do I have to quit my US job? Is there another visa I need to apply for to keep my US job? Or do I downgrade as a Contractor? Do I need to apply for a workers visa in Canada to get this job as a contractor?

Any reply is greatly appreciated. Thank you.

No. Once you land as a PR, you no longer qualify (or would even need) any type of visa.

 

[JovanniDanda]

So first: there is a decent chance that you will get your file approved and processed by June or a little bit after. US applications tend to be quick because police and security checks are easier. Plus you've been common law/married for some years now.

At which point: you land, you become a PR, and you can keep your US job and work remotely. You'll just have to pay taxes in Canada (which will probably be higher than in US, possibly depending on state, but you deduct what you've paid in US). You (and possibly your employer) will need to look into whether this arrangement makes sense, etc., or whether it's better to be a contractor or otherwise rearrange. Frankly, get an accountant or similar who is familiar with the issues - long-term you'll need to make some decisions. Do it now so you get familiar iwth it all. Some things like health nsurance and other benefits can play a role too.

Since this part of the arrangement - that is, continuing to work after getting PR - is easiest, you might be better off waiting a bit if it's not done by June, to avoid any permission or tax issues by arriving before your PR is ready and working before you become a PR.

Thank you so much for the information! I had a chat with my employer about my move and since the business is fully remote they had no issues with it. They did mention issues about taxes with Canada and the US, along with insurance, as you mentioned. But yes I agree to wait, just in case my PR doesn't get approved by that time, would I need to get a visitors visa if my PR doesnt come in by June?

You are fantastic, sincerely appreciate the help.

 

[JovanniDanda]

No. Once you land as a PR, you no longer qualify (or would even need) any type of visa.

Thank you so much! So I can keep my US job while I'm a PR? I imagine I need to sort out Taxes with both governments? What steps would you recommend in this regard? Really appreciate it.

 

[armoured]

But yes I agree to wait, just in case my PR doesn't get approved by that time, would I need to get a visitors visa if my PR doesnt come in by June?

If not, you would simply arrive at border/airline in Canada and ask to be let in as a visitor (which you do by just showing up).

About the only wrinkle is do NOT say at that point you plan to stay forever, and don't show that is hyour plan by bringing all worldly belongings. You are visiting, you have a PR application in process, you plan to leave back home (employment a good reason), when you are accpeted as a PR you'll figure out what to do.

But that part of things is not hard. Taxes and all the other things can be.

 

[armoured]

Thank you so much! So I can keep my US job while I'm a PR? I imagine I need to sort out Taxes with both governments? What steps would you recommend in this regard? Really appreciate it.

Yes, you can keep your job as a PR. You'll need to report your income to canada revenue and pay taxes on worldwide income. For the most part you can deduct taxes paid in USA from payables in Canada. But taths' a generality and the specifics are more complicated.

Again, would suggest contacting a tax accountant familiar with the issues. Canada's tax system is mostly more simple - but different, and you're going to end up doing both (and then some) because still employed in USA. I also have no idea what you may need to do with respect to US state taxes, etc.

 

[canuck78]

Hello,

My wife is Canadian, I am a US Citizen. We met online 7 years ago, moved in together in 2019 when she moved to the US for school, and got married August 2023. Her US visa ends June of this year, as she is finished with school. I applied for spousal sponsorship December of 2023, and we're moving along quickly, however I understand it may take up to a year for the application to be fully processed. I have a remote job in the US and from what I understand, I can bring my job to Canada as long as I am a visitor (Digital Nomad).

I know I can apply to stay as a visitor up to 6 months, which is what we plan while the application is still processing. Once my application goes through, do I have to quit my US job? Is there another visa I need to apply for to keep my US job? Or do I downgrade as a Contractor? Do I need to apply for a workers visa in Canada to get this job as a contractor?

Any reply is greatly appreciated. Thank you.
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Does your employer have offices in Canada (doesn’t sound like that is the case) or customers/clients? That will impact whether you can work in Canada as a visitor. As a US citizen you aren’t guaranteed to be able to come and work while visiting Canada. If it appears that you are trying to move to Canada before you get PR that could be problematic. It is impossible to predict what will happen at the border but in general in your situation would not appear with all your belongings and would only arrive with the belongings of a typical visitor if they were planning on working as a digital nomad. If asked by CBSA you should be honest about your plan and your entry could be considered under dual intent. Would also suggest meeting with an accountant who specializes in US/Canada cross border taxes before you move to Canada. How you get paid/structure your business should be considered before moving to Canada and will likely need to be discussed with your employer. Whether you live in a border city and whether your spouse is employed and whether they are able to pay into an extended benefit are just a few things to be considered.