Working for an employer overseas over the internet while in Canada, is it legal?

[kvrforum]

Hello guys,

I'm a web designer / graphic designer / software developer.

I don't have a work permit in Canada yet... I have applied for it and am waiting for it. I don't know if LMIA will come back positive...
I'm currently on a temporary resident VISA in Canada.


I want to work for some people in USA as a web designer.. this is not a full time offer but a part time offer.
Also, I want to teach some web design course to people in Japan.

Is it illegal if I work as a web designer for people in USA while in Canada?

No Canadians will be involved in this case and no Canadian labour market and workers will be affected. No Canadian people will ever need to visit the websites I will be making either...
I will get paid to my bank account in USA. No Canadian bank workers are involved. All of the employers are not Canadians... and they're not interested in visiting Canada for the rest of their lives.

I want to know if this is illegal and later CIC officers will chase after me for this..

 

[kmagnusc]

I think you are fine. What is your citizenship? US? You will likely be reporting any of that income on your return in your country of citizenship. It obviously will not be associated with your SIN number.

 

[kvrforum]

I think you are fine. What is your citizenship? US? You will likely be reporting any of that income on your return in your country of citizenship. It obviously will not be associated with your SIN number.

My citizenship is from an Asian country. I studied in USA for five years as a college student before coming to Canada a month ago.
I reported to my country of citizenship as "temporary tourist" status for one year so I won't have to report tax to them at the moment.
Should I get the money in PayPal then?

I want to work as a web designer, software developer, graphic designer for people in USA and Asia over the internet.
All money will be deposited to my bank in USA. No Canadian Bank, SIN number are involved...

I'm tired of this work permit and labour market assessment thing... this is clueless and I think it only hinders a person from getting a job. Unless your employer is an immigrant who also suffered from this LMIA thing, they will not want to help you with this...

I have several employers in USA who will willing to work with me over the internet. I would go through that route to build my work experience requirement.
Is it going to be okay to claim this as part of my work experience when I file Express Entry profile?
The payment equal to monthly wage will be deposited directly into my USA bank account and I will print it out and submit as a proof of my work experience later. I hope this is not illegal.

I wonder if CIC will going to tackle over this later...they tackle on everything as far as I've heard.

 

[kvrforum]

If you guys have any more opinion or experience on this matter, please comment here.

For me, this can be the best way.

If I don't need to work for a Canadian employer to fill work history requirement in EE, I would do it at heart beat because LMIA is designed to waste everybody's life time.

 

[bellaluna]

I think it's fine in a vacuum, it's just like telecommuting.

But if you ultimately intend to apply for PR, I'm just not sure how they will regard it that you resided in Canada while accruing this work experience. You can only declare this as FSW experience as you are working for foreign employers (also self-employment cannot be considered under CEC).

 

[kvrforum]

I think it's fine in a vacuum, it's just like telecommuting.

But if you ultimately intend to apply for PR, I'm just not sure how they will regard it that you resided in Canada while accruing this work experience. You can only declare this as FSW experience as you are working for foreign employers (also self-employment cannot be considered under CEC).

Yes, that's the route I will go.

Express Entry requires 1 year of work experience but it doesn't specifically want Canadian work experience done in Canada.

So, I will just work for people in USA over the internet and help them making websites, software, etc. It doesn't require any work permit since none of this is a permanent job offer.

PNP International Skilled Worker program also requires just one year of work experience which you can verify with bank record and employer letter. It doesn't have to be in Canada.
I want to try PNP and EE by doing this.

Do you think it's okay to try this?

In the next six months, I will have PayPal account money history, website design & graphic design examples, and reference letters ready.
I will apply for both PNP International Skilled Worker and EE.
I'm not doing CEC. LMIA spoiled this plan...

 

[kmagnusc]

It's essentially self-employment. I do this kind of work also, actually. None of my clients consider me employees for tax purposes, so I file all of my return receipts as cash receivables. But I do not count on this for my work experience, it will not be valid for immigration per se but while you build your portfolio you can show it to potential employers here in Canada. Use this to get a F/T ongoing offer of employment and you can get a provincial nomination or other employment tied immigration path started.

 

[kmagnusc]

I should clarify, self-employment experience is not considered valid for work experience by CIC. At least to my knowledge? I was not personally able to count this.

 

[kvrforum]

I should clarify, self-employment experience is not considered valid for work experience by CIC. At least to my knowledge? I was not personally able to count this.

Not true.

PNP considers self-employed work experience.

It clearly says if you were self-employed, they require proof from important period of self-employed years.

But Yes, self-employed will not count toward CEC.
I'm not sure about Express Entry.
I will have no problem making PayPal transaction history, proof of design examples and reference letters from clients.

This is the only work I can do right now.... do you think it's a good idea?


I already have employers who want to hire me in Canada. They were ready to support me for PNP Nomination and Job Approval Letters...
You know what? I didn't have 1 year of work experience in that occupation so I had to postponed that offer.
But, I think I can fill that 1 year work requirement through working for people in USA.
The problem is LMIA will not allow me to get a job in Canada. I have no more time and money to try out LMIA.
Obviously, CIC will reject that LMIA.

I would rather work 6 more months for people in USA and make my work history and try out PNP International Skilled Worker with my employer in Canada.

 

[bellaluna]

I should clarify, self-employment experience is not considered valid for work experience by CIC. At least to my knowledge? I was not personally able to count this.

Not for CEC, but it is OK for FSW.

Check this thread for someone who tried to apply under CEC but with self-employed experience, while their friends with the same experience got accepted for FSW: http://www.canadavisa.com/canada-immigration-discussion-board/baffled-at-reasons-for-rejection-t404838.0.html

 

[kvrforum]

Not for CEC, but it is OK for FSW.

Check this thread for someone who tried to apply under CEC but with self-employed experience, while their friends with the same experience got accepted for FSW: http://www.canadavisa.com/canada-immigration-discussion-board/baffled-at-reasons-for-rejection-t404838.0.html

PNP also counts self-employed work experience as long as you can provide them with proofs.

I called several PNP offices and checked it. I asked them if I were self-employed, how can I prove that work experience. They said, they just need reference letters and work examples. That was it.

I can try FSW, PNP, and maybe EE.
Any idea on EE with self-employed?

Also, I want to find out if there's any Canadian law which regulates money made over the internet. I hope there isn't....
A lot of foreign computer software developers work for American companies over the internet. They just get cash over PayPal. No one asks anything...

 

[bellaluna]

^ Do you intend to apply to paper-based PNP or Express Entry PNP?

 

[kvrforum]

^ Do you intend to apply to paper-based PNP or Express Entry PNP?

Whatever that works... I have no idea which will work better for self-employed.
Any idea?

 

[kmagnusc]

I don't know. It's one thing to be self-employed with an open work permit and try to claim as experience or to work to pay the bills as self-employed at a distance but not use it for experience, but I don't see how you could claim self-employment as experience without a valid work permit for the entire time you are working.

 

[kvrforum]

I don't know. It's one thing to be self-employed with an open work permit and try to claim as experience or to work to pay the bills as self-employed at a distance but not use it for experience, but I don't see how you could claim self-employment as experience without a valid work permit for the entire time you are working.

That's my question. I will hold temporary resident VISA.
But, I will work for people in different countries over the internet.
They're not in Canada and they're not affected by Canadian laws.

And no physical work will be performed. I'll be just giving them information and visual graphics they need.


CIC will not have problem considering people from my country of citizenship working for people in USA and claim it as self-employed work experience.