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Haileygoetz

Newbie
Jun 15, 2015
2
0
I am currently working for a U.S company and have the opportunity to become remote. My partner is Canadian and I am hoping I can go live in Toronto and work remotely there. However my company does have a location in Winnipeg and does have Canadian clients. Will I be able to work there without filing for any time of residency?
 
You can't 'live' in Canada as a tourist - all you can do is visit temporarily. If you want to 'live' in Canada - you would need some sort of visa (e.g. work permit) or permanent residency status to do so. If you arrive at the border looking like you're moving, there's always some chance you may be refused entry (or only granted a short stay). The other complication is that you cannot work for a company in Canada without a work permit if they have Canadian clients. Doing so will be working illegally.

To complicate things further, it unfortunately isn't going to be possible for you to obtain a work permit if you're going to be living in Toronto and the company is located in Winnipeg (if you were going to be located in Winnipeg - that would be a different story).

Based on the information you've provided, you should be looking into applying for permanent residency.
 
You can work remotely as a visitor, but only if the "Place of Supply" is the U.S.. As long as you're doing no work for Canadian clients of your company (and can prove it) then it works out fine, but if it's going to be longer than six months, the CRA will start to get real suspicious and it could get really hairy really fast. Sponsorship & permanent residency, and then being "hired" by the Canadian corporation or your company is probably your best bet.
 
Okay so who do I talk to about this? Who do I show proof that I am not working with Canadian clients? Thanks for the help!
 
I'd start with your company's HR department. If they are willing, they could transfer you to the Canadian branch of their company and take care of all your visa paperwork themselves, and then the tax situation would be way more normal and Much easier to file.
 
Can you get permanent residency through your partner? If you were to get married then they could sponsor you and you could work freely in Canada. Not sure of your personal situation, but it may be an option. If not, I would definitely talk to the HR people at your company. You really don't want to have to be working this all out by yourself. As the post above says, they could do a transfer for you and then you wouldn't have any hassle.