Working as freelancer with student visa

[lucky_always24]

I'm working as a freelancer web developer from past 3 years. Allow me to explain about my work , There are many websites like elance and odesk where companies and individual customers post their jobs for developing website, Mobile apps, Software's etc. So i work for them. These website works as a middleman for transferring money from clients to workers safely.Now I'm coming to Canada as a Student because freelancing doesn't count as experience. MY Questions are

Is there any objection on working as freelancer while holding a student visa ?
Do i need work permit for this ?

After my arrival to Canada, I wouldn't be able to access my account on elance and odesk until i changed my country to Canada and provide resident proof. So in this situation i will send them copy of my student visa or work permit.

 

[bobcat42]

I've actually just come here to ask the same question.

As far as I understand, you can probably work remotely for a non-Canadian company which has nothing to do with Canada. I myself am on a study permit and would like to do such part time remote web development work for my client in Russia without having to wait for my off-campus work permit. However, this seems shaky to me. I'm not sure how these would stand up if you were scrutinised by CIC or even CRA.

So, does anyone have some insights whether we can do remote work based on one of these provisions?

Quoting the Departmental policy [1]:

What kind of activities are not considered to be “work”?
An activity which does not really ‘take away’ from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition.

Also, relevant parts of IRPR [2]:

186. A foreign national may work in Canada without a work permit
(a) as a business visitor to Canada within the meaning of section 187;

187. (1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in sub-section (2) or [emphasis mine —bobcat42] who seeks to engage in international business activities in Canada without directly entering the Canadian labour market.

[1] cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf
[2] laws-lois.justice.gc.ca/PDF/SOR-2002-227.pdf

 

[bobcat42]

I figured I'm assuming to much in my previous post – just to be clear, the general rule is that you are not allowed to work for the first 6 months of your studies. After that you can apply for off-campus work permit if you're eligible [1] to be able to work part-time for any company.

But I am not sure if remote work for existing clients counts as work. If you learn anything about that please let us know here.

[1] cic.gc.ca/english/study/work-offcampus.asp

 

[itstime]

Now I'm coming to Canada as a Student because freelancing doesn't count as experience.

Any work, on campus, employed off campus, or freelance doesn't count as experience. Only EMPLOYED work after studies are finished count as experience. Note that I wrote employed and not selfemployed.

 

[NetMecca]

The issue with working in your case, depends on who hires you and who pays you. Are you employed as an employee with a Canadian company or not?....

If you are hired as an employee by a Canadian company, they are obligated to confirm that you are legally permitted to work and earn money in Canada, since this is where the criteria sits with regards taking a job from a local Canadian.

My impression of these intermediary sites, is that they have mostly taken advantage of the fact that the internet is a global village, and international trade that comes with this. They are also likely (in legal terms) hiring you as a subcontractor "company" (and not an employee), and anyone, worldwide, could compete for these assignments, no matter where you are located physically.

It is like me hiring a company in India to do my web programming for me. No legal reason I cannot do that legally. However I cannot employ a person from India, working for me (and on my regular payroll) without them having status in Canada.

Focussing on your intermediary situation, I do NOT believe that your physical location has any bearing on whether you are permitted to work on assignments you have earned through these intermediary sites as an international "company" / freelancer.

I do not believe your situation would create a problem for you at all from an immigration perspective, nor do you need a Canadian work permit for this.

The issue that may prove a little more complex is the taxes surrounding these freelance earnings. I imagine you would have to pay tax on these somewhere. Though if you are not working (employed or own an incorporated business) in canada, then I suspect you will have to declare your income in your home country.

If you get a work permit and are obligated to declare Canadian taxes (and foreign income) simply declare the income through these intermediaries as foreign income, which is really what it is, even if you did the work while physically in Canada. The fact that it is treated as foreign income, again makes it unnecessary to have a workpermit for Canada to be allowed to accept these freelance assignments.

Hope this helps!

Good luck

 

[ramalif]

I am confused..
I have an open work permit, and will travel to Canada for the next year with my husband due to his work.Currently, I am working on Amdocs, and was offered to continue working with them as freelance from Canada.

how can I send them a bill? how are the imcomes should be reported to Canada'a authorities in this case? is it possible at all?

 

[realjoy328]

What kind of activities are not considered to be “work”?

• An activity which does not really 'take away' from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition.

Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or permanent residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:

• volunteer work for which a person would not normally be remunerated, such as sitting on the board of a charity or religious institution; being a 'big brother' or 'big sister' to a child; being on the telephone line at a rape crisis centre (normally this activity would be part time and incidental to the main reason that a person is in Canada);
• unremunerated help by a friend or family member during a visit, such as a mother assisting a daughter with childcare, or an uncle helping his nephew build his own cottage;
• long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;
• self-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians. Examples include a U.S. farmer crossing the border to work on fields that he owns, or a miner coming to work on his own claim;
• short-term educational exchanges by high school students through international arrangements, such as the Regional Joint Cooperation Commission between Atlantic Canada and the archipelago of Saint-Pierre and Miquelon.

Source: http://www.cic.gc.ca/english/resources/tools/temp/work/about.asp