Can I work remotely for clients whilst on visitors visa?

[nllw]

Hi there,

I am a British citizen currently visiting Canada and I'm in the early stages of getting my permanent residency application together through the family class route.

The nature of my work is all online (digital marketing) so my question is: am I able to do remote work for clients based in the UK whilst I'm on my visitors visa in Canada? I would not be doing any work for any Canadian companies.

Thanks for reading and thanks in anticipation.

 

[deweysmith]

Yep! There aren't any tax or immigration implications as long as the Place of Supply is in the UK. Make it clear with the officer if he probes about work that you can work remotely for your company, and you may want to carry some documentation to prove this, or proof of sufficient funds to sustain yourself during your stay.

 

[nllw]

Oh wow, that's excellent! I'm a Sole Trader in the UK so won't be doing work through a company, just through myself as self employed, is this still OK? The Place of Supply will for sure be the UK.

 

[nllw]

Oh and also, how would one "prove" that I am not doing work for Canadian clients whilst in Canada ideally? Thanks so much!

 

[Ponga]

Yep! There aren't any tax or immigration implications as long as the Place of Supply is in the UK.

That all depends on how long the OP has been working remotely from within Canada:

Deemed Resident.
A non-resident can be “deemed” to be a resident in certain circumstances. Under section 250(1) of the ITA, an individual may be considered a deemed resident if he or she stayed in Canada for a total of 183 days or more throughout a taxation year (it need not be consecutive). Section 250(1) also sets out other circumstances where an individual may be considered a deemed resident, including people who serve in the Canadian Forces, an ambassador or high commissioner of Canada or others listed in s.250 (1) of the ITA.

 

[nllw]

Thanks deweysmith. I haven't been working remotely at all yet as I wanted to check if it was legal first.

I had an extended holiday visa and spent a number of months in Canada (with short 1-2 week trips back to the UK in between) from Aug 2013 to Sep 2014 and I've spent Sep 2014 - June 2015 (with December spent in Canada) in the UK. Do I class as a resident then despite my visitor status? As altogether I would have spent more than 183 days in Canada. In terms of work - I did not work remotely at all during the above time in Canada.

 

[deweysmith]

Thanks deweysmith. I haven't been working remotely at all yet as I wanted to check if it was legal first.

I had an extended holiday visa and spent a number of months in Canada (with short 1-2 week trips back to the UK in between) from Aug 2013 to Sep 2014 and I've spent Sep 2014 - June 2015 (with December spent in Canada) in the UK. Do I class as a resident then despite my visitor status? As altogether I would have spent more than 183 days in Canada. In terms of work - I did not work remotely at all during the above time in Canada.

As long as the work was done for a company outside of Canada, for a client outside of Canada, and you were paid outside of Canada, I wouldn't be worried. If you are concerned you can call the CRA and find out. I have spoken to them about this at length and it's never been an issue, but there may be weird things with your situation. Also, the 183 days referenced is "may be deemed," there are numerous other factors at play including where the money is, where it was transferred through, where you declare residence, where things like auto/health insurance and rent is paid, etc. There is a formal process you can follow if you speak to the CRA and they say you will likely not be deemed a resident, and you need an official written opinion to that effect.