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Work as a contractor while app in progress?

fizzlefunk

Full Member
Mar 30, 2011
38
0
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
16-03-2011
AOR Received.
21-04-2011
File Transfer...
14-04-2011
Med's Done....
01-03-2011
Passport Req..
20-06-2011
VISA ISSUED...
12-07-2011
LANDED..........
18-07-2011
Hey guys, apologies for the noobie question -- did a bit of searching but no clear answer.

I'm applying for immigration as an American with a Canadian wife; we're both currently living in Texas (she as a visitor). After talking about my situation with my employer, they've offered the opportunity to telecommute and work remotely -- this is pretty exciting as it means we aren't tied to Texas anymore.

I'd like to move our life forward a bit and head up to Canada and live with my wife at her home, working remotely for my company. Is this doable with an (outland) application in progress? Can I work for a US company as a visitor from within Canada? Ideally I'd like to stay there for the entirety of the 6 months I'm allowed to stay as a visitor, which hopefully should line up with when I should hear a decision on my immigration application... can I be refused entry if I head up with this intention? (last thing I need is an IO saying I can't enter... after I cancel the lease on my apartment and close a bunch of accounts....)

Sorry, lots of questions... any advice/anecdotes from others who have been in a similar situation would be appreciated!!!
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
fizzlefunk said:
I'd like to move our life forward a bit and head up to Canada and live with my wife at her home, working remotely for my company. Is this doable with an (outland) application in progress? Can I work for a US company as a visitor from within Canada?
Grey area. Are you planning on telling anybody? If you are not, it is not like anybody will find out.

fizzlefunk said:
Ideally I'd like to stay there for the entirety of the 6 months I'm allowed to stay as a visitor, which hopefully should line up with when I should hear a decision on my immigration application... can I be refused entry if I head up with this intention? (last thing I need is an IO saying I can't enter... after I cancel the lease on my apartment and close a bunch of accounts....)
You are not supposed to move to Canada on visitor status so if you show up with a u-haul with all your furniture in it, you are asking for trouble.

You have two options.

One is arriving, preferably with your wife, and stating that you are coming to stay and planning to apply for sponsorship and if you can get a visitor record to stay for longer than 6 months or at least get a passport stamp so you can apply for an extension later. In many cases they will let people in like that but if you catch an immigration officer in a bad mood, he may turn you away and say that he can not let you in as a visitor unless you are only coming temporarily and not to come back unless you have a letter from your employer stating that you have a job and must return to the US to work on date x.

The other option is come to Canada to visit but ask for a passport stamp as a souvenir. In most cases, they will not limit your time so you automatically get 6 months. After 5 months, you can apply to extend based on waiting for your sponsorship and that extension should be enough to stay until you get your PR. To be able to extend, you must have proof of when you entered, that is why you need a passport stamp.
 

fizzlefunk

Full Member
Mar 30, 2011
38
0
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
16-03-2011
AOR Received.
21-04-2011
File Transfer...
14-04-2011
Med's Done....
01-03-2011
Passport Req..
20-06-2011
VISA ISSUED...
12-07-2011
LANDED..........
18-07-2011
Thanks for the response, Leon! It's very helpful and I'm taking notes lol!

I do plan to arrive with my wife and actually do touristy stuff (some travel through the interior, etc)... just really excited because of my employer's offer, which means I can still work and afford to travel (my income is the lion's share of my household). It's just frustrating for my wife to put her life on hold to be with me in the US, so the sooner we can get to Canada, the better for her, and this looks like an opportunity to do so. So much to worry about and figure out and deal with!