Remaining in Canada with existing work permit after leaving the employer

[flashman]

Hi All,

I am a US citizen living in Montreal under a temporary work permit - the work permit is linked to an LMIA from my current employer.

I am considering leaving my employer for a new job in the USA, but I am looking into initially working remote from Montreal until it is safe and easy to move.

My interpretation of the law is as follow:

• When I leave my employer I retain my temporary residency status until the permit expires.
• I cannot get a new job with a Canadian employer with my existing permit
• I can work remotely for a foreign company without affecting my residency status.
• I will need to declare foreign income at the end of the tax year for the period I lived in Montreal.

Can anyone clarify or correct me if I've made any crucial errors?

Regards,

 

[scylla]

Hi All,

I am a US citizen living in Montreal under a temporary work permit - the work permit is linked to an LMIA from my current employer.

I am considering leaving my employer for a new job in the USA, but I am looking into initially working remote from Montreal until it is safe and easy to move.

My interpretation of the law is as follow:

• When I leave my employer I retain my temporary residency status until the permit expires.
• I cannot get a new job with a Canadian employer with my existing permit
• I can work remotely for a foreign company without affecting my residency status.
• I will need to declare foreign income at the end of the tax year for the period I lived in Montreal.

Can anyone clarify or correct me if I've made any crucial errors?

Regards,

All of the above is correct with one small addition. Make sure the company you're going to be working for in the US (while still living in Canada) has no real Canadian customer / client base. If your new company does business in Canada, working for this company while in Canada and without a work permit that allows you to do so may be problematic. If they do no business in Canada, you are good to go.

 

[flashman]

Thanks for the reply Scylla,

the company I'm applying for at the moment is a large tech company. I think they have presence in Canada, but I imagine that the Canadian operations are segmented into separate corporate entities.

Is there anything specific you can reference that I can check?