+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

harvardmonkey

Newbie
Mar 27, 2015
1
0
Hello, I'm hoping I can post a not so original idea and I'm hoping to receive a tip on where I should investigate whether this is legal.
So I've got a wife in Ontario but the processing times for USA citizens are so incredibly long. A solution I've began thinking about is for a company such a tech company -or nearly any company- could hire a corp in a different country -but in this case in the USA- to contribute to originating sales in the USA.
Ex: A company Hi-TeXYZ sells cloud technology and hires Consult Inc based in Buffalo, NY (a single shareholder and one man operation by Tom) to originate US relationships with and guide prospective clients through a sales cycle. I guess it doesn't much matter where the prospective clients are, but in this example the prospects are USA based retail stores. The job is mainly performed by phone and travel. Tom (the single shareholder of Consult Inc) is a US citizen but would reside in Ontario (Mississauga). Is there any problem in Tom residing with his wife in Mississauga, and profiting from his business(s) based out of the US? I feel as though this example is extremely transparent in that Tom could just as easily be a contract worker for Hi-TeXYZ but is instead doing this other method to simply avoid immigration issues. Tom and his wife would plan to sponsor Tom and he would earn his living through his business until he receives an open work visa. Would there be a visa needed for Tom to reside in Ontario without officially working in Ontario.
Any help on where I can research an answer to my dilemma would be greatly appreciated.
Thank you very much!
A Tom who isn't exactly a Tom
 
Tom won't be allowed to live/reside in Ontario as you've described without a work permit (a work permit is mandatory if Tom is going to be trying to source business in Canada). In order to obtain a work permit he must be offered a full time role in Canada by a company with established operations and revenue in Canada. The scenario you're described won't get him a work permit as there is no need for the job to be located in Canada and there are no real Canadian operations for the company. Also, the US company is owned by you. So that part of the plan isn't going to work and is a dead end.

Tom could come to Canada as a visitor and continue to remotely work for his company in the US (provided the company has no Canadian clients and Tom does not try to expand his business into Canada). However this won't allow Tom to live/reside in Canada. He will just be allowed to visit and will be subject to all visitor rules (including the possibility of not being allowed into Canada if CBSA feels he is actually trying to live in Canada without authorization).

FYI - processing times for US based outland applications (spousal sponsorship) are generally running 8-10 months right now start to end. Files are processed through Ottawa - not LA and NY.