Canadian citizen, going to US with spousal visa but work remotely for a canadian company

[afata5 0]

Hey All,

So after searching, i've found plenty of info about people crossing to boarder to canada to work (can citizen, living in usa and have usa work permit), but I haven't found much on the subject of doing work in canada and working remotely while living in the usa.

Is it doable? I want to propose to my employer that I stay on their payroll, make canadian sales calls from the usa, and travel to canada to see said clients. Get paid in CAD in my canadian bank....

Many thanks and sorry if this has been asked/answered before, I didn't find it.

Thanks!

Al

[Ryan H 3,821]

Moved from IR-1/CR-1 Process & Procedures to Canada regional forum; topic is country specific.

[NikLR 13,231]

Yes you can work remotely if you have a green card. You still cannot LIVE in the USA without an appropriate visa or a green card but you can work for a Canadian company. The same rules apply as someone who is commuting. You will file taxes with both countries.

[Loki_Go 126]

I've been working remotely for my Canadian company since I crossed over. I've been living in the US for about 4 months now. My husband and I spoke with a couple lawyers before taking the chance on me continuing to work... it's a grey area and each lawyer we spoke to agreed and also said it wasn't illegal. Make no mistake though, it's a risk.

There are a few key points in my case in my favour- like you said, don't change anything as far as your payroll or banking. I also maintain my previous Canadian physical address. I didn't change my name in Canada, however it's been changed in the US. My CDN company is global but has no US office or presence (they're in Germany, India, China, etc). One thing to think about is how you're going to transfer your CDN funds to your future US bank account and if that method will make it appear as if you're making a steady wage. I bank at CIBC in Canada and KeyBank in the US and they do not play together well lol. I pay lots of service fees each month getting funds into my US bank.

Yes, you will file two tax returns. You'll need a paper return for Canada for non residents (I haven't looked for that yet) and for your US one, your CDN income will be reported as foreign income.

It's doable. It's a risk. I would speak to both independent immigration lawyers as well as your company's lawyers so each of you understand the risks. You don't really want to put your company at any sort of risk either.

[Loki_Go 126]

I also want to add that you won't be able to travel back and forth to Canada for business until you get your EAD/AP combo card. I crossed in October and I haven't been back to Canada since. Your CDN company should be made aware of this. I'm waiting for my combo card like everyone else that's adjusted. When I finally get my combo card I won't be traveling there for business though, it'll be to visit family. I don't know how you'd travel for business back to Canada (assuming you get your AP) so that's something else you need to discuss with a lawyer.

[JlovesA 109]

I also want to add that you won't be able to travel back and forth to Canada for business until you get your EAD/AP combo card. I crossed in October and I haven't been back to Canada since. Your CDN company should be made aware of this. I'm waiting for my combo card like everyone else that's adjusted. When I finally get my combo card I won't be traveling there for business though, it'll be to visit family. I don't know how you'd travel for business back to Canada (assuming you get your AP) so that's something else you need to discuss with a lawyer.

It sounds like the OP is doing a CR/IR-1 visa as they referred to it as a spousal visa, so EAD/AP wouldn't be an issue.

[afata5 0]

It sounds like the OP is doing a CR/IR-1 visa as they referred to it as a spousal visa, so EAD/AP wouldn't be an issue.

Yup yup! I finally was able to find a helpful immigration boarder person (lol) and that's what they told me. There shouldn't be a problem with what we want to do!!!

Thanks everyone!!!!

[Loki_Go 126]

It sounds like the OP is doing a CR/IR-1 visa as they referred to it as a spousal visa, so EAD/AP wouldn't be an issue.

Ah right you are. My bad