Working for a US company as a visitor in Canada

[JordanB]

Hello!

I am a US citizen hoping to visit Canada for an extended amount of time. I would like to stay in Revelstoke, BC for a period of 8 months, although I would only stay for 6 months if my application for extension was not approved. I would return to my permanent residence in the United States after my stay.

I work remotely via my laptop for a United States company. I would intend to continue working for this company during my stay in Canada.

From what I’ve read, the visit that I’ve described would be acceptable. However, I wanted to make sure my interpretation of the laws are valid. Also, I understand that my admittance to Canada is up to the discretion of the border services officer. What is the likelihood that my plans would be approved? I would hate to make arrangements in Revelstoke then be turned away at the Canadian border.

Secondly, I’m trying to gather more information on whether or not I’d need to pay income taxes during my stay. If anyone could provide me with more information, or point me in the direction of this information, it would be greatly appreciated.

Cheers,
Jordan

 

[scylla]

Hello!

I am a US citizen hoping to visit Canada for an extended amount of time. I would like to stay in Revelstoke, BC for a period of 8 months, although I would only stay for 6 months if my application for extension was not approved. I would return to my permanent residence in the United States after my stay.

I work remotely via my laptop for a United States company. I would intend to continue working for this company during my stay in Canada.

From what I’ve read, the visit that I’ve described would be acceptable. However, I wanted to make sure my interpretation of the laws are valid. Also, I understand that my admittance to Canada is up to the discretion of the border services officer. What is the likelihood that my plans would be approved? I would hate to make arrangements in Revelstoke then be turned away at the Canadian border.

Secondly, I’m trying to gather more information on whether or not I’d need to pay income taxes during my stay. If anyone could provide me with more information, or point me in the direction of this information, it would be greatly appreciated.

Cheers,
Jordan

Remote work is allowed - however there are some restrictions. Does your job involve or impact any Canadian customers or companies?

If and how long you are admitted to Canada is up to CBSA entirely. When you arrive, you'll want to make sure you don't look like you're moving here and are only coming as a temporary visitor. None of us can tell you what your chances are of a smooth entry. Since you're aiming for a longer visit, I would recommend you bring evidence (in case asked) of ties to the U.S. (e.g. property ownership, assets, etc.). I certainly wouldn't rent a place in Canada until you are here.

Make sure you take out private health insurance to cover emergencies. Stuff gets extremely expensive very fast here when you're not covered by the system. You'll need to pay out of pocket for any non-emergency care.

 

[JordanB]

Remote work is allowed - however there are some restrictions. Does your job involve or impact any Canadian customers or companies?

If and how long you are admitted to Canada is up to CBSA entirely. When you arrive, you'll want to make sure you don't look like you're moving here and are only coming as a temporary visitor. None of us can tell you what your chances are of a smooth entry. Since you're aiming for a longer visit, I would recommend you bring evidence (in case asked) of ties to the U.S. (e.g. property ownership, assets, etc.). I certainly wouldn't rent a place in Canada until you are here.

Make sure you take out private health insurance to cover emergencies. Stuff gets extremely expensive very fast here when you're not covered by the system. You'll need to pay out of pocket for any non-emergency care.

Thank you for the response!

I work for a video streaming company with subscribers worldwide, some of which are Canadian. I'm in the engineering department so I don't interact with our customers directly. What does this mean exactly?

 

[scylla]

Thank you for the response!

I work for a video streaming company with subscribers worldwide, some of which are Canadian. I'm in the engineering department so I don't interact with our customers directly. What does this mean exactly?

It's not a straight-forward case in that situation. If there are Canadian subscribers, this most likely means you would need a work permit in order to be able to work in Canada. While you don't interact with Canadian customers directly, the work you do ultimately ends up offering a service to Canadians.

Working from Canada remotely and without a work permit is only acceptable if there are no Canadian customers involved. Based on the information you've provided, it doesn't sound like your situation meets this requirement.

 

[JordanB]

It's not a straight-forward case in that situation. If there are Canadian subscribers, this most likely means you would need a work permit in order to be able to work in Canada. While you don't interact with Canadian customers directly, the work you do ultimately ends up offering a service to Canadians.

Working from Canada remotely and without a work permit is only acceptable if there are no Canadian customers involved. Based on the information you've provided, it doesn't sound like your situation meets this requirement.

Okay, I looked into work permits and am a bit confused. Most of what I'm reading makes it seem as if work permits are primarily for people intending to work for a Canadian company. The company I work for is entirely US based, but has customers all over the world given that anyone with an internet connection and credit card can subscribe to our service. I've read up on open work permits and employer-specific work permits, and neither seems to fit my case. Am I missing something?

 

[scylla]

Okay, I looked into work permits and am a bit confused. Most of what I'm reading makes it seem as if work permits are primarily for people intending to work for a Canadian company. The company I work for is entirely US based, but has customers all over the world given that anyone with an internet connection and credit card can subscribe to our service. I've read up on open work permits and employer-specific work permits, and neither seems to fit my case. Am I missing something?

No - there's nothing you're missing. To get a work permit, you need to have an employer who is based in Canada (has physical operations in Canada) who can offer you a job that is located in Canada - that employer may also have to obtain an approved LMIA in order for you to qualify for a closed work permit. The fact your company has Canadian customers really complicates things and may mean your plans simply aren't possible / may not be legal. An open work permit would allow you to do as planned - but they are only issued in very limited situations. The US does have a working holiday visa (open work permit) for individuals below a certain age that would do the trick. I believe it used to be called SWAP - not sure if it still goes under that name. You can look into the criteria for that. Previously, you had to be just out of school to qualify. I don't know the requirements now.

 

[scylla]

Try the links on this page for the program I referred to as SWAP.

http://www.swap.ca/in_eng/partner-usa.aspx

 

[JordanB]

Try the links on this page for the program I referred to as SWAP.

http://www.swap.ca/in_eng/partner-usa.aspx

Thanks for the link. However, these permits still seem to be intended for people seeking work with Canadian employers. I understand that the open work permits allow you to work for any employer in Canada, but I do not have a Canadian employer. So it seems like a work permit of any kind would be unnecessary. What should my next steps be? Is there any place I could get a definitive answer on whether or not I would require a work permit?

 

[scylla]

Thanks for the link. However, these permits still seem to be intended for people seeking work with Canadian employers. I understand that the open work permits allow you to work for any employer in Canada, but I do not have a Canadian employer. So it seems like a work permit of any kind would be unnecessary. What should my next steps be? Is there any place I could get a definitive answer on whether or not I would require a work permit?

Next step is most likely a more thorough read-through of the links already provided.

Did you read the information on all of the links or just one? There are different programs with different requirements. Pretty sure one is a full open work permit (no employer required). At least that's how it's been for years. So unless something very recently changed...

If you want a definitive answer, you'll need to hire an immigration lawyer for advice and be prepared to shell out some cash. Stay away from immigration consultants.

 

[JordanB]

Right, I would totally go the down the route of getting an open work permit but I'm hoping I don't need one at all, as it is a lengthy and seemingly competitive process to obtain one.

I found this document which seems to be what is used by Canadian Immigration staff to determine what work is: https://www.canada.ca/en/immigratio...y-residents/foreign-workers/what-is-work.html

From what I understand, and from what this document states, you're in the clear as long as your work is "long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada". But as we established before, my employer is technically partially remunerated from Canadians.

However, it seems as if this document is in reference to temporary residents. Since I would just be a visitor, does this apply to me?