Jump to content
TrinitySnow

CAD citizen, now US LPR working for US company remotely in Canada

 Share

16 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Canada
Timeline

I am a Canadian citizen and now US LPR. I just got a job for a US company that has offices around the globe. 

 

  1. Is it possible to remotely work for this company in Canada so that I can visit friends and family after work hours?
  2. Would I have to pay taxes for both Canada and US?
  3. What should I say to the customs officer at the airport as to what my purpose for this visit is? (i.e. visiting family, or, what should I say if they ask if I will be working?)  
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Myanmar
Timeline
22 minutes ago, TrinitySnow said:

I am a Canadian citizen and now US LPR. I just got a job for a US company that has offices around the globe. 

 

  1. Is it possible to remotely work for this company in Canada so that I can visit friends and family after work hours?

your green card is for living in the USA. So no.  
 

You can look into converting to commuter.  See https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-4 

 

Quote

 

  1. Would I have to pay taxes for both Canada and US?

You file tax returns for both countries.  Whether you owe taxes in both depends on income level.  
 

Quote
  1. What should I say to the customs officer at the airport as to what my purpose for this visit is? (i.e. visiting family, or, what should I say if they ask if I will be working?)  

With a non commuter green card:

 

* entering Canada: you tell the CBSA officer you are a Canadian resident returning to Canada.  
 

* entering the USA: you tell the CBP officer you are  a green card holder who lives in Canada.  The officer will invite you to file I-407 to relinquish your LPR status. If you decline you will likely have your green card confiscated and given an I-551 stamp certificate n your passport.  You will be given a Notice to Appear in immigration court to revoke your LPR status.  See https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case

 

With a commuter green card:

 

* entering Canada: you tell the CBSA officer you are a Canadian resident returning to Canada.  
 

* entering the USA: you tell the CBP officer you are  a green card holder who lives in Canada and your commuting to work

 

Assuming you decide to live in the USA with your current gc:

 

* entering Canada: you tell the CBSA officer you are a Canadian citizen  visiting  to Canada to see relatives.  If you are held for too long, you tell CBSA you are done answering questions and now assert your Charter right to enter Canada. 
 

* entering USA: you tell the CBP officer you are green card holder returning to Canada.  

 

 

Edited by Mike E
Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

You are abandoning your GC?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline
41 minutes ago, Boiler said:

You are abandoning your GC?

No, I am just going to visit friends and family back in Canada for a couple of weeks. I am just wondering if I can do so while still working a 9-5 remotely.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
6 minutes ago, TrinitySnow said:

No, I am just going to visit friends and family back in Canada for a couple of weeks. I am just wondering if I can do so while still working a 9-5 remotely.

Ahh that is ok

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline
4 minutes ago, Boiler said:

Ahh that is ok

Do you have any advice for it though? Would I just tell the customs officer that I am visiting friends and family and leave it at that? 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

@Mike E I would only be in Canada for a couple of weeks to visit friends and family after 5pm, when work hours are over. Does that change any of your answers from above?

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
6 minutes ago, TrinitySnow said:

Do you have any advice for it though? Would I just tell the customs officer that I am visiting friends and family and leave it at that? 

You are a Canadian entering Canada on your Canadian passport, what is there to tell.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline
14 minutes ago, Boiler said:

You are a Canadian entering Canada on your Canadian passport, what is there to tell.

I can see them asking a lot of questions since I've been away for so long

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Myanmar
Timeline
4 hours ago, TrinitySnow said:

@Mike E I would only be in Canada for a couple of weeks to visit friends and family after 5pm, when work hours are over. Does that change any of your answers from above?

You need a tax accountant  familiar with IRS and CRA regulations 
 

As green card holder and a citizen of Canada, I never worked a second in Canada. In fact I never worked outside my state of residence.  I had business meetings and business tele conferences while outside my state of residence but all work was performed in my state of residence.  I hate filing tax returns for multiple tax authorities. 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
11 hours ago, TrinitySnow said:

No, I am just going to visit friends and family back in Canada for a couple of weeks. I am just wondering if I can do so while still working a 9-5 remotely.

if your company allows you to work remote for the few weeks you are there, that would be up to them and their IT on how that woks.

 

As far as paying for Canadian taxes you do not have to.

 

you are not going there to live, you are not abandoning your residency, you are going on holiday so nothing would change.

 

it is not likely they will ask you if you are going to work while you are there, your main objective is to go for a visit.

 

 

Link to comment
Share on other sites

Not a problem at all. I also work remotely and I've worked on every continent. It has nothing to do with immigration (unless you are away for too long, which you said you wouldn't be). It's more of an HR issue and if they are legally allowed to have employees work outside of US territory. 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
16 hours ago, TrinitySnow said:

I am a Canadian citizen and now US LPR. I just got a job for a US company that has offices around the globe. 

 

  1. Is it possible to remotely work for this company in Canada so that I can visit friends and family after work hours?
  2. Would I have to pay taxes for both Canada and US?
  3. What should I say to the customs officer at the airport as to what my purpose for this visit is? (i.e. visiting family, or, what should I say if they ask if I will be working?)  

1. As an employee of a US company, you are legally allowed to work remotely from Canada for a short visit of 2 weeks.

 

2. So long as you are not a resident of Canada for tax purposes (tax resident), you do not owe taxes to Canada for your US based income. Simply being a citizen and working remotely from Canada for 2 weeks while on vacation does not make you a tax resident. But other ties such as maintaining a residence (a house etc, having spouse there etc) may.

 

3. You have to say the truth. That you are a green card holder visiting Canada to visit family for 2 weeks. If they ask if you are working while in Canada, say that you will be working remotely for your US employer.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
3 hours ago, Sarah&Facundo said:

Not a problem at all. I also work remotely and I've worked on every continent. It has nothing to do with immigration (unless you are away for too long, which you said you wouldn't be). It's more of an HR issue and if they are legally allowed to have employees work outside of US territory. 

It is an issue with immigration for some countries, eg: US.

 

As a US citizen/ LPR, working in Canada remotely for a US employer while on vacation is legal. As a Canadian citizen/ PR, working in US remotely for a Canadian employer is illegal.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...