Spouse Sponsorship Part time job, Documents, Issues - Confused

[CDNPR2014]

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?

yeah it's very gray. it really depends on how CBSA interprets the work. Generally, if a person is working physically in canada for a canadian company, that requires a work permit. if someone is visiting a client short term to do something only they can do for the customer and the customer will be at loss without the foreign person, then i think they are considered a business visitor, and that doesn't require a permit. again, it's really dependent on how CBSA interprets everything.

working for a canadian company, while getting paid through a 3rd party in another country i think is ok when in canada. technically i think that means you are not a direct employee of the canadian company. it is a very gray area.

 

[profiler]

yeah it's very gray. it really depends on how CBSA interprets the work. Generally, if a person is working physically in canada for a canadian company, that requires a work permit. if someone is visiting a client short term to do something only they can do for the customer and the customer will be at loss without the foreign person, then i think they are considered a business visitor, and that doesn't require a permit. again, it's really dependent on how CBSA interprets everything.

Yeah I figured it would be subjective...

 

[CDNPR2014]

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...

sorry, i didn't realize you would be working remotely. no need to stress. as long as you do the work while in india, you're good to go.

 

[sherryg]

So if i don't apply for an open work permit and only for the spousal immigration then also do i have to provide the details along with application
that i will be working as a contractor with a canadian firm while i am in India. It is just free lancing work and has no relation to the spouse application that i will be going for.
And what will be the impacts of doing this ?

 

[canuck_in_uk]

So if i don't apply for an open work permit and only for the spousal immigration then also do i have to provide the details along with application
that i will be working as a contractor with a canadian firm while i am in India. It is just free lancing work and has no relation to the spouse application that i will be going for.
And what will be the impacts of doing this ?

You will be required to list your employment details in the PR app. The fact that you are in India and freelancing for a Canadian company will have zero effect on the app.

 

[sherryg]

Thanks for the reply . Do i have to provide the employment details of all the contractor work i have done so far or only the work that i will doing with the canadian company with the PR app? Also the canadian company i will be working for is the company for which my spouse is currently working in Canada. Will that have any impact on the PR application since i will be working for same company?

 

[canuck_in_uk]

Thanks for the reply . Do i have to provide the employment details of all the contractor work i have done so far or only the work that i will doing with the canadian company with the PR app? Also the canadian company i will be working for is the company for which my spouse is currently working in Canada. Will that have any impact on the PR application since i will be working for same company?

You are required to list your employment history. The fact that you work for the same company will have zero impact.

 

[sherryg]

I am already employed in a well known company in India and will be just doing some free lancing part time work for the canadian company. In this case should i add both the company details or just for the current employer in India ?

 

[canuck_in_uk]

I am already employed in a well known company in India and will be just doing some free lancing part time work for the canadian company. In this case should i add both the company details or just for the current employer in India ?

Again, you need to list your employment history.

 

[sherryg]

ok thanks a lot for making it clear