Visiting as Business Owner but for private reasons

[philatcanada]

Hi everyone,

I've been reading a couple of posts and still am not entirely clear about my specific situation, so I thought I might ask.

I've been staying in Canada from April 2010 to Summer 2011. I met my girlfriend there and we have been traveling back and forth ever since. She visited me about 3 times, I think I've been there about 4 times. Always between 1 and 3 months.

Since things are going well we now want to move together. I don't have other options than the tourist visa right now, so I'll have to go with that for the first 6 months until I'm granted a better visa. We want to look into options during this stay and actually apply. She wants to try and sponsor me by declaring common law. I'm self-employed so I also want to try to apply for a self employment visa as a web designer.

Right now I have a company with my business partner in Germany. Some of our clients are Canadian. People I might way back when I first came to Canada. I'm a business owner in this partnership. We have an office, we have a German bank account. All clients get invoices from Germany and also pay on the German bank account in Euros.

Since working online doesn't really require me to be in Germany this is also a way I can support myself in Canada.

I talked to an Immigration Lawyer. He says I'm fine since I'm not taking opportunities from other Canadians and the money is being accumulated in Germany. I'm not paid by the clients directly. I'm being paid through the company, my company.

Now I've read if you want to travel to Canada it's probably not the wisest thing to say "I want to move with my girlfriend, I want to stay in Canada and apply for a better Visa and my company already for Canadian clients".

At the same time, last time I went to visit I told the customs that I'm visiting my girlfriend, that I'm a German business owner and being paid by my company during my stay. I had bank statements from my private bank account, my companies bank account. The woman was confused and said she finds that story hard to believe. "You're just going to hang with your girlfriend for 3 months while she is busy doing her job you will just relax there? You know that's a little hard to believe". Suddenly the woman said "Oh, so you could work for you German company while you're in Canada? So you will be able to support yourself through that?". And I said yes, and she was like "ok, I got it now" and let me through saying "You know you're not allowed to work for Canadian clients while you're here, so be very smart about it. If anything comes up you're out, especially if you consider maybe moving here with your girlfriend". I said I understand and everything was okay.

Having read all this here I'm very confused. Should I say I'm staying with my girlfriend? Should I mention that I want to move to Canada eventually? Should I mention my business and is it legal for me to work for clients in Canada while I stay there if everything is going through my company in Germany?

I feel the lines are very blury because you could get the impression that the Company in Germany is just to cover up my business in Canada. To prove that my company is also working for German, UK and US clients, I thought I could provide invoices. Would that make them suspicious again?

I don't want to say too little, because I know that's illegal, but I also don't want to say too much and then make myself suspicious when keeping it simple would just be fine.

Thanks for sharing your opinion. Really appreciate it.

Phil

P.S.: I know there are no guarantees on whether I will get through or not. I just want to be prepared.

 

[zardoz]

My gut feeling, based on what you have already said, is that there may already be a marker against you internally within immigration saying "watch out for this one". If this is the case and you try and bluff your way through, you could be heading for serious problems. I suspect that what you are planning is stretching the legality very thin and it could blow up in your face, possibly ending up barring you from Canada for an extended period.
You would not fit the definition of a "genuine tourist" if you conducted work in Canada, regardless of how the money is being massaged.

Just my humble opinion. Others may, without prejudice, completely disagree.

 

[philatcanada]

Thanks zardoz,

I appreciate your opinion. I think that's exactly why I'm having a bad feeling, too.

The thing is that there is no illegal intend here. My company is working for all sorts of clients not only Canadians. We have customers from Germany, UK and the US. And from time to time also Canadians.

I know lying won't get me anywhere, I don't want to bluff by all means. I'm just wondering whether my situation makes it close to hopeless for me to get the tourist visa in the first place and whether there are some things you don't necessarily want to mention at first. I read other posts where, e.g. someone said you should not mention you're visiting your girlfriend, another person said they got into trouble during the second interview because he said that in the first interview.

I guess the question then is a more general. If I want to come in as a tourist, am I generally allowed to work for a company that I own in another country or is that already considered work which would require a work permit?

What would you suggest in my situation? Would it be better to only stay for a month or two and actually enter as a tourist (I could get by not working for two months). I'm happy to do whatever is right, but I have a hard time understanding what is allowed and what's not.

Does that make sense?

Thanks a lot,
Phil

 

[zardoz]

One basic problem that you have and may continue to have is that you don't qualify as common-law, yet.
The CIC definition is quite strict

"you are cohabiting in a conjugal relationship and have done so for at least one year." by which they mean a continuous 12 months, not accumulated blocks of time.

So, the alternatives are a) get married, b) try for the 12 months in Canada, or c) get her into Germany for 12 months.

Either way you are going to have to "make it work" for two years after you get granted PR status, because if you split up, you would risk having your PR revoked.

Good luck...

PS. Don't always trust the lawyers. Many on here have been badly advised by "professionals".

 

[philatcanada]

Thanks zardoz,

that's helpful.

"b) try for the 12 months in Canada"
- how would I go about doing that? Be there as a tourist for 12 months? I guess I would have to apply for a work permit or something, right?

 

[zardoz]

Thanks zardoz,

that's helpful.

"b) try for the 12 months in Canada"
- how would I go about doing that? Be there as a tourist for 12 months? I guess I would have to apply for a work permit or something, right?

To be honest, I don't know that you can, unless you were to give up work for 12 months. I had a look at the various categories of "Business people" from http://www.cic.gc.ca/english/work/special-business.asp and I don't think that's going to fly. The closest that you come is a "Business Visitor" but that will allow stays of only a few weeks. Apart from that, it would match your profile. This is what it says...

Business visitors usually stay in Canada for a few days or a few weeks. To be considered a business visitor you must show that:

you intend to stay for less than six months and do not plan to enter the Canadian labour market
your main place of business and source of income is located outside Canada
profits from your business will accrue outside Canada
you can provide documents that support your application and
you meet Canada’s basic entry requirements. You:
have a valid travel document, such as a passport
have enough money for your stay and to return home
plan to leave Canada at the end of your visit and
do not pose criminal, security or health risks to Canadians.

Everything is good, apart from the timescale. It's for THIS reason that I think CIC would not see you as a "genuine tourist" but as an "overstaying" Business Visitor.

 

[philatcanada]

Hey zardoz,

yes, I know that profile matches me pretty well, but from what I read what is missing in this list is a letter from a Canadian company stating that I need to be there for a meeting or a specific project. Isn't that a requirement, as well?

I'm contemplating now on staying much shorter than six months so this whole endeavour is less risky. So if I would just stay 6 weeks, I have a letter from a Canadian company stating that I will have to be in the country for meetings, for example, would this maybe be a better solution for me?

How about if I keep it real simple, stay 4 weeks, actually being a tourist and just that, showing my savings as proof that I will be able to support myself and that's all. Then I have a month to figure out next step with my girlfriend, maybe schedule a trip for her or something.

In general: Shorter stay = easier entry?

 

[zardoz]

I think I will have to defer to others on here who have more knowledge of this way round.

I have "reverse" experience in that my (now) wife came to "visit" me in the UK for two separate blocks of time.
First for a few weeks to see how we got on actually living together and then for nearly a full six months while we consolidated. Admittedly, she gave up work to see me but we were pretty sure after the first visit that we were in for the long term.
We got married during her third visit and I sponsored her to live in the UK as a spouse.

Now she is going "back home", with me in tow.

Sorry that I can't be much more help...

 

[philatcanada]

No worries, you've already been much help to me. Thanks a lot!

I'm not sure if I should open a new topic for that but I'm now curious what all these girlfriends and boyfriends say that come visit their girlfriend for 6 months. They would all need some kid of proof that they are not going to stay. Do they just have a big bunch of savings or how does that work? What about their work?

For example: what did your wife say being asked for the purpose of the trip wen she came that time that she stayed 6 months? Holiday?

Again thanks a lot! Good to hear how it worked out for you guys!

 

[zardoz]

I think she said that she was visiting her boyfriend. It was nearly nine years ago now
Hope it all works out for you too. It's worth the effort if she's the One.

 

[Eowyn]

I think she said that she was visiting her boyfriend. It was nearly nine years ago now
Hope it all works out for you too. It's worth the effort if she's the One.

I did say I was visiting my boyfriend but because my profession was listed on the landing card, they made the assumption that I was returning to Canada for work. I wasn't asked any awkward questions and didn't have to stretch the truth. I think I just got very lucky with the immigration officer I saw. He wasn't too worried about specifics and didn't ask why I didn't possess a return ticket. From personal experience, Canadian immigration officers are nosier than the British ones. Best of luck.