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davidmd

Newbie
Aug 13, 2012
6
1
Hi.

My wife is a canadian citizen and we are thinking about moving to QC.

I have a job as a software developer in europe and the plan is to continue working for the same company when we would move to Canada, but remotely from home. So I would get my salary from a company in Europe and then pay my taxes in Canada.

Does anyone here know how this would work in Canada?

Best regards, David
 
That's not an uncommon situation. I would suggest you speak with an experienced accountant, because some of this can be complicated by tax treaties and the laws of the other country, but this is not new ground.
 
Thank you for the reply.

But do you know if I would need to provide some kind of a document that is supposed to be a proof I have a job there? Like a proof that I can support myself in Canada.

I was also thinking about the sponsorship. Would my wife have to sponsor me in this case?

Best regards, David
 
where do you live now ?Within Canada?

Yes, your spouse has to sponsor you - details here http://www.cic.gc.ca/english/information/applications/spouse.asp

And , as mentioned already, it is common to be resident in one country and work for an employer in another country. I'm guessing that you might only have to pay the local state laws/resident tax in Canada and your tax on the employment gets paid in the European country for which you work. Ofocurse best is speak to an Accountant before you accept any such employment.
 
No, we live in Europe, but thinking about moving within a year from now.

Thanks for the reply.

David
 
davidmd said:
No, we live in Europe, but thinking about moving within a year from now.

Thanks for the reply.

David

The cleanest way to do this (from an accounting perspective) is for you (or your spouse) to create a Canadian company and have that company then bill the European company for your work. In that way it becomes a company-to-company transaction and is generally not subject to offset, withholding, etc. The Canadian company would be responsible for paying taxes, etc.

Note that Canada is a very pro-small-business country. A Canadian Controlled Private Corporation (for example) has a maximum corporate tax rate of 50% the amount for an ordinary corporation (generally around 21%). Further, if the company is owned by someone else, such as your spouse or a trust, and not by you, the corporation can obtain an LMO and offer you a work permit in Canada, which means you can work while the PR application is in process, in most provinces you will be eligible for health benefits, etc.

Ignoring that, if you wished to remain an employee of your current employer, a letter to the effect that they will continue to employ you while you live in Canada would be sufficient - it also helps demonstrate that you and your spouse do plan on returning to Canada, which is necessary as part of your sponsor qualifying if you are both outside Canada when the application is submitted.

And indeed, having your wife sponsor you would be the fastest way to do this. Note that (assuming you are from a visa-exempt country) the best choice here will be an OUTLAND application. To confuse things, the name "OUTLAND" refers to where it will be processed, not where you are located. You could move back to Canada and then apply OUTLAND. This is generally recommended because of the faster processing times and appeal rights that come with an outland sponsorship. Note that sponsorship times do vary outland by visa office, so make sure that the relevant visa office for your application would be faster than the inland process.

Good luck!
 
davidmd said:
No, we live in Europe, but thinking about moving within a year from now.

Thanks for the reply.

David
OK, computergeek's reply sounds perfect. Check with an accountant on all this. Most likely, this is no biggie and is easy handled with the help of a qualified tax accountant.

Good Luck
 
computergeek said:
The cleanest way to do this (from an accounting perspective) is for you (or your spouse) to create a Canadian company and have that company then bill the European company for your work. In that way it becomes a company-to-company transaction and is generally not subject to offset, withholding, etc. The Canadian company would be responsible for paying taxes, etc.

Note that Canada is a very pro-small-business country. A Canadian Controlled Private Corporation (for example) has a maximum corporate tax rate of 50% the amount for an ordinary corporation (generally around 21%). Further, if the company is owned by someone else, such as your spouse or a trust, and not by you, the corporation can obtain an LMO and offer you a work permit in Canada, which means you can work while the PR application is in process, in most provinces you will be eligible for health benefits, etc.

Ignoring that, if you wished to remain an employee of your current employer, a letter to the effect that they will continue to employ you while you live in Canada would be sufficient - it also helps demonstrate that you and your spouse do plan on returning to Canada, which is necessary as part of your sponsor qualifying if you are both outside Canada when the application is submitted.

And indeed, having your wife sponsor you would be the fastest way to do this. Note that (assuming you are from a visa-exempt country) the best choice here will be an OUTLAND application. To confuse things, the name "OUTLAND" refers to where it will be processed, not where you are located. You could move back to Canada and then apply OUTLAND. This is generally recommended because of the faster processing times and appeal rights that come with an outland sponsorship. Note that sponsorship times do vary outland by visa office, so make sure that the relevant visa office for your application would be faster than the inland process.

Good luck!


Thanks a lot for this answer.

I guess it would be the best if she would sponsor me.

Do you know how long it will take if she would sponsor me and I would apply for a citizenship? Could I assume if we would file an application soon, we could move there in about a year and then I could work as a contractor and pay my taxes in Canada?

Would I have problems at that time with starting a business for my contractor job?

You mentioned health benefits. When I would start the Canadian Controlled Private Corporation, what are the prerequisites for health benefits?

Can anyone point me to a webpage that could explain the corporation situation further?

Best regards, David.
 
The amount of time it takes to process an application for permanent residency is a function of the visa office that handles your application. Assuming you hold a European passport of some sort, I'll give you a sense of the latest processing times (this is from the open data information, the CIC website only reports 80% numbers):

For the 12 months ending 31 March 2012.

Ankara, Turkey
20% of applications completed in 2 months
50% of applications completed in 4 months
80% of applications completed in 6 months

Moscow, Russia
20% of applications completed in 6 months
50% of applications completed in 8 months
80% of applications completed in 13 months

These times represent the shortest and longest European processing times.

London was 3/4/7 (20%/50%/80%)
Paris was 3/5/8
Vienna was 3/5/9
Berlin was 3/4/9

Thus, if your application is straight-forward and properly prepared, it is very likely that you will have PR within a year. Note that in addition to the overseas time, there is also processing time for your sponsor's application, which is presently around 3 months.

Once you have PR and have been physically present in Canada the requisite number of days (at least 1095 in the previous 4 year period) then you may apply for citizenship. That generally seems to take at least 1 year at the present time.

If you are a PR of Canada, you can work for anyone (including yourself) that you like. Most provinces will extend health benefits to you 3 months after you become a legal resident of the province, but the details do vary by province. You don't need to be employed to have health benefits.

Corporate formation varies by province. However, the CRA website discusses the taxation ramifications. See: http://www.cra-arc.gc.ca/E/pub/tp/it458r2/README.html for an explanation of the CCPC requirements and benefits. Speak with an accountant for detailed information.

Good luck!