Spouse Sponsorship Part time job, Documents, Issues - Confused

[sherryg]

Hi All,

I need help with the spouse sponsorship.
I live in India and my spouse lives in Canada.
We are willing to apply for me this year.

Confusion : :
I am getting some part time oppurtunity luckily at a firm in Canada itself. I have decided to go ahead and work Part time to get some Canadian experience and also to support my partner financially. I will continue this as long as i can even when I enter Canada.
We are confused if me doing this part time job will impact our application.
Need your assistance to clarify this.

Also, we need the checklist of documents that is needed while applying for the spouse.

 

[profiler]

Hi All,

I need help with the spouse sponsorship.
I live in India and my spouse lives in Canada.
We are willing to apply for me this year.

Confusion : :
I am getting some part time oppurtunity luckily at a firm in Canada itself. I have decided to go ahead and work Part time to get some Canadian experience and also to support my partner financially. I will continue this as long as i can even when I enter Canada.
We are confused if me doing this part time job will impact our application.
Need your assistance to clarify this.

Also, we need the checklist of documents that is needed while applying for the spouse.

Are you applying inland (application within Canada) or outland (from India)? You should not work in Canada unless you have authorisation. This can have a negative impact on your application. If you "visit" Canada, and apply inland, you can apply for an Open Work Permit. This will permit you to work while you wait for your PR application to be processed. Do keep in mind that inland applications tend to take longer, and you will have to wait 4 months until they issue the OWP before you can start working.

There is a country-specific checklist for India.

 

[CDNPR2014]

the only way you can legally work while in canada is if you are landed as a PR or have a work permit. If you don't have a current work permit and work for this canadian employer, you will be working illegally. if you try to enter canada and tell CBSA you are here to work for a canadian company and don't have a work permit, they will deny you entry and more than likely issue an exclusion order - which means you can't enter canada for either 1 or 3 years, depending on what they issue. if you have an exclusion order, you will not be able to be approved for PR until the order is lifted. an exclusion order alone will not necessarily prompt a refusal. it will delay your approval.

with all of this being said, if you are performing remote work for a canadian company while in your home country, there is nothing wrong with this. it becomes illegal when you are physically IN canada and working for a canadian company, no matter if you already have a remote working relationship with them. CBSA is very strict about people working in canada illegally. Technically, you are taking a job away from a canadian, and they don't take too kindly to that sort of thing.

tread very carefully here. either have the employer apply for a work permit (very expensive and time consuming) or don't take the job.

 

[sherryg]

Thanks for the reply.

I am an IT professional and i work as a freelancer as well taking projects from different companies and locations. This is a similar case where I am getting a project to work on as a freelancer and part of my job to get and work on various projects. The company is also ready to sign a contract mentioning that I would be working part time and that the number of hours to work would be decided as per the requirement.
:-\

Can this still create any problem ?

 

[sherryg]

Forgot to mention that I will be working from India for the company. I don't need to visit Canada for this.

@profiler: I guess my spouse will be applying for me from Canada once i fill in the forms.

 

[CDNPR2014]

Thanks for the reply.

I am an IT professional and i work as a freelancer as well taking projects from different companies and locations. This is a similar case where I am getting a project to work on as a freelancer and part of my job to get and work on various projects. The company is also ready to sign a contract mentioning that I would be working part time and that the number of hours to work would be decided as per the requirement.
:-\

Can this still create any problem ?

Hi I edited my response above to reflect remote work:

if you are performing remote work for a canadian company while in your home country, there is nothing wrong with this. it becomes illegal when you are physically IN canada and working for a canadian company, no matter if you already have a remote working relationship with them. CBSA is very strict about people working in canada illegally. Technically, you are taking a job away from a canadian, and they don't take too kindly to that sort of thing.

bottom line... you can freelance for them while in your home country. you CAN NOT freelance for them while physically in canada. You would require a work permit to do any work while you are physically IN canada, no matter your relationship with the company.

Forgot to mention that I will be working from India for the company

as long as you perform the job remotely from India, you are fine.

 

[profiler]

Working remotely is one thing. But working at an employer site without authorisation is another.

Working remotely should be ok.

 

[profiler]

Hi I edited my response above to reflect remote work:

if you are performing remote work for a canadian company while in your home country, there is nothing wrong with this. it becomes illegal when you are physically IN canada and working for a canadian company, no matter if you already have a remote working relationship with them. CBSA is very strict about people working in canada illegally. Technically, you are taking a job away from a canadian, and they don't take too kindly to that sort of thing.

bottom line... you can freelance for them while in your home country. you CAN NOT freelance for them while physically in canada. You would require a work permit to do any work while you are physically IN canada, no matter your relationship with the company.

Even though the work is being channeled through an Indian company? It sounds like technically the OP would be working for an Indian company... Unless the Canadian company is contracting him directly... then that's a no-no for sure.

 

[CDNPR2014]

Even though the work is being channeled through an Indian company? It sounds like technically the OP would be working for an Indian company... Unless the Canadian company is contracting him directly... then that's a no-no for sure.

a person can work remotely for a canadian company from anywhere in the world. that is not considered working illegally. working illegally requires a person to be physically IN canada and performing a job in canada for a canadian employer that a canadian would otherwise be hired for.

It doesn't matter if the OP is getting paid from a canadian company or an indian company. as long as the job is being performed OUTSIDE of canada, it is not illegal. if it were illegal to work for a canadian company remotely from somewhere else, there would be 1000s of people all over the world working "illegally".

A person IN canada without a work permit can work remotely for an employer from another country and this is not an issue. like you said, the income can not bepaid by a canadian company.

 

[sherryg]

Huuhhhh....that was a lotttt of stress in a short span of time.

I am now little relaxed that working remotely would be fine.
Thanks to your quick replies...


It would also be great if you could help me out with the checklist of the documents and any important point that I should consider in general while applying.

 

[profiler]

I think this will be a case of splitting hairs...

So, say the OP writes software, which can physically happen anywhere, and the code changes would be sent to India in order to be paid. So virtually it can exist anywhere. So assume the OP lands at a Canadian airport and is working on some changes for a Canadian firm who has contracted an Indian firm (who then contracted the OP). Because the work physically is happening in Canada, and he is being paid when he releases the changes to the Indian company, from India, does that mean it is illegal?

 

[sherryg]

Hey...I have contacted the company directly and there in no Indian company playing any role in this.
The Canadian company will be paying me directly and i would be signing a contract with them only about the project duration and cost /hour.

 

[profiler]

It would also be great if you could help me out with the checklist of the documents and any important point that I should consider in general while applying.

The checklist will depend on whether the application is inland or outland. You will have to follow the general instructions, and here is the India specific checklist: http://www.cic.gc.ca/english/pdf/kits/guides/3904E.pdf .

Good luck with everything

 

[sherryg]

Thanks a lot CDNPR2014 and profiler....
Your posts helped me a lot...

I havent done anything illegal in my life and I dont even want to get into anything that is illegal.

1. I Stay at India and my spouse stays at Canada.
2. We will apply for me (yet to be decided outland or inland).
3. I will be working part time for a Canadian company on Contract from India (not visiting to Canada). This is legal.


Thats the short narration on this post.

 

[canuck_in_uk]

1. I Stay at India and my spouse stays at Canada.
2. We will apply for me (yet to be decided outland or inland).
3. I will be working part time for a Canadian company on Contract from India (not visiting to Canada). This is legal.

You can't apply inland unless you are actually in Canada. With a PR spouse, your chances of being granted a TRV are very low. If you are granted the TRV and come to Canada, you would need to stop working for this company as soon as you enter.