IR-1/CR-1 Montreal DQ'd private message group goes public part 3

[alphabetagamma 102]

39 minutes ago, Kai (CanadaDude) said:

From an immigration standpoint you are allowed to. From a taxation standpoint it makes for a awkward filing because your company isn't withholding for Canadian taxes which you or they could get into trouble over.

makes sense. 

[From_CAN_2_US 1,106]

1 hour ago, Kai (CanadaDude) said:

From an immigration standpoint you are allowed to. From a taxation standpoint it makes for a awkward filing because your company isn't withholding for Canadian taxes which you or they could get into trouble over.

Doesn't a US citizen need to have a valid work permit or other visa to live in Canada and work, even if it is for a US company? This was our vague understanding and one of the reasons my husband doesn't stay with me here in Canada... We may be wrong though...

 

Edited July 28, 2021 by From_CAN_2_US

[Kai G. Llewellyn 837]

5 minutes ago, From_CAN_2_US said:

Doesn't a US citizen need to have a valid work permit or other visa to live in Canada and work, even if it is for a US company? This was our vague understanding and one of the reasons my husband doesn't stay with me here in Canada... We may be wrong though...

 

Unlike the US, Canada has helpfully and explicitly said that remote working for a foreign employer does not require a work permit. My husband worked for his US employer for 15 months while up here and told the CBSA as much, they didn't have an issue. See here:https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html

 

 

 

Edited July 28, 2021 by Kai (CanadaDude)

[alphabetagamma 102]

3 minutes ago, Kai (CanadaDude) said:

Unlike the US, Canada has helpfully and explicitly said that remote working for a foreign employer does not require a work permit, see here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html

good information. Thanks for sharing

[From_CAN_2_US 1,106]

44 minutes ago, Kai (CanadaDude) said:

Unlike the US, Canada has helpfully and explicitly said that remote working for a foreign employer does not require a work permit. My husband worked for his US employer for 15 months while up here and told the CBSA as much, they didn't have an issue. See here:https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html

 

 

 

 

Thanks very much. This is very helpful.

 

So about the reverse - If I were to visit my husband in the US, and while I am there, I continue to work remotely for my Canadian Employer. Do you know if this is strictly illegal or is it a grey area?

Edited July 28, 2021 by From_CAN_2_US

[Kai G. Llewellyn 837]

7 minutes ago, From_CAN_2_US said:

Thanks very much. This is very helpful.

 

So about the reverse - If I were to visit my husband in the US, and while I am there, I continue to work remotely for my Canadian Employer. Do you know if this is strictly illegal or is it a grey area?

It's a gray area. So it's subject to the mood of the CBP officer, I wouldn't risk it personally.

[From_CAN_2_US 1,106]

4 minutes ago, Kai (CanadaDude) said:

It's a gray area. So it's subject to the mood of the CBP officer, I wouldn't risk it personally.

OK, good to know. I have never done this so far, thinking it was illegal, and wrongly assumed it applied to Canada as well. Thanks for clarifying.

[Kai G. Llewellyn 837]

12 minutes ago, From_CAN_2_US said:

OK, good to know. I have never done this so far, thinking it was illegal, and wrongly assumed it applied to Canada as well. Thanks for clarifying.

I would think it would be very helpful if the US did provide clarity whether this was allowed. I know of a few cases where people freely told CBP officers they were working remotely for a foreign employer and not have issues. But also a CBP officer *could* deny entry from it too...and it's unclear whether working remote for a foreign employer would need to be declared as working without authorization on applications.

 

The intent of the law is to protect American jobs and opportunities for citizens and LPRs...if a foreign national is working for a foriegn employer, that's not an opportunity a USC or LPR is going to get and certainly not taking away from opportunity within the US. The benefits of allowing it however means that tourists can stay on longer work-cations providing needed economic benefit to American cities and communities as well as provide much needed support for those waiting EADs.

Edited July 28, 2021 by Kai (CanadaDude)

[T&S_MTL 113]

When the visa is issued and attached to the immigrant passport, is validating the visa at border crossing mandatory ? We have one week of vacation planned in the US one month after the interview, and I'd to validate the visa only later. Is this an option ? The goal for us is to avoid quiting my job right away and losing health insurance in Canada since we will only move later on. Thanks for your input guys!

Edited July 28, 2021 by T&S_MTL

[Ontarkie 14,225]

26 minutes ago, T&S_MTL said:

When the visa is issued and attached to the immigrant passport, is validating the visa at border crossing mandatory ? We have one week of vacation planned in the US one month after the interview, and I'd to validate the visa only later. Is this an option ? The goal for us is to avoid quiting my job right away and losing health insurance in Canada since we will only move later on. Thanks for your input guys!

This was something that was always up the officer you get when you try to enter. Others would leave their packet at home so they would either be turned around or let in. Now with the visa packet being electronic that will be a lot harder. I have not seen anyone be able to do this in a last few years. 

[Coricat 3]

1 hour ago, From_CAN_2_US said:

Thanks very much. This is very helpful.

 

So about the reverse - If I were to visit my husband in the US, and while I am there, I continue to work remotely for my Canadian Employer. Do you know if this is strictly illegal or is it a grey area?

I think it's TECHNICALLY illegal. As a Canadian you are allowed to go into the US as a B2 for personal travels or B1 for short-term business travels (conferences, business meetings, etc.), but not staying there long-term while working (even for a foreign employer). I work for the Canadian office of a company headquartered in the US, so I have previously asked immigration lawyers and my company's HR dept about this. 

[Waynester925 42]

Was approved today at the interview. Was very short and the officer was incredibly polite. Will update timeline when back home 😀

[ME_RHEDZ77 269]

2 hours ago, Waynester925 said:

Was approved today at the interview. Was very short and the officer was incredibly polite. Will update timeline when back home 😀

CONGRATULATIONS!

[Riversong 420]

2 hours ago, Waynester925 said:

Was approved today at the interview. Was very short and the officer was incredibly polite. Will update timeline when back home 😀

Congrats! That is great news!!

Edited July 28, 2021 by Riversong

[Fobosdaemios 24]

2 hours ago, Waynester925 said:

Was approved today at the interview. Was very short and the officer was incredibly polite. Will update timeline when back home 😀

Congrats! If you don't mind, could you let me know what kind of questions did the CO asks?