British Expats

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-   -   live in Canada work in UK??? (https://britishexpats.com/forum/canada-56/live-canada-work-uk-692804/)

alexlovesangels Nov 8th 2010 8:54 am

live in Canada work in UK???
 
Hi. I am PR in Kamloops,BC. My partner is with me living here. We have to live together for 1 year before I can apply to sponsor him under the spousal class. We are 6 months in and life is rosy, except that financially its getting a bit tight:unsure: He is awaiting a reply on his application to extend his holiday visa right now.

My questions are.....
Are there any circumstances under which he can apply for work here?
Can he work for a UK based company that do work from home etc?
Does anyone know of any way around this?

Thanks so much :fingerscrossed:

CanadaJimmy Nov 8th 2010 9:02 am

Re: live in Canada work in UK???
 
http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf


What kind of activities are not considered to be “work”?

An activity which does not really ‘take away’ from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition.

Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or Permanent Residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:

Volunteer work for which a person would not normally be remunerated, such as sitting on the board of a charity or religious institution; being a ‘big brother’ or ‘big sister’ to a child; being on the telephone line at a rape crisis centre. (Normally this activity would be part time and incidental to the main reason that a person is in Canada)

Unremunerated help by a friend or family member during a visit, such as a mother assisting a daughter with childcare, or an uncle helping his nephew build his own cottage;

Long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

Self-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians. Examples include a U.S. farmer crossing the border to work on fields that he owns, or a miner coming to work on his own claim.

There may be other types of unpaid short-term work where the work is really incidental to the main reason that a person is visiting Canada and is not a competitive activity, even though nonmonetary valuable consideration is received. For instance, if a tourist wishes to stay on a family farm and work part time just for room and board for a short period (i.e., 1-4 weeks), this person would not be considered a worker.
Hope this helps!

iaink Nov 8th 2010 9:13 am

Re: live in Canada work in UK???
 
I love it when the forum works this way:)


Hope that helps the OP and it works out for them.:thumbup:

Alan2005 Nov 8th 2010 9:48 am

Re: live in Canada work in UK???
 

Originally Posted by iaink (Post 8969558)
I love it when the forum works this way:)


Hope that helps the OP and it works out for them.:thumbup:

There might be some tax implications which the OP should find out first. They might be allowed to work without a work permit, but I'm sure they aren't allowed to work without paying tax;)

Novocastrian Nov 8th 2010 1:06 pm

Re: live in Canada work in UK???
 

Originally Posted by Alan2005 (Post 8969607)
There might be some tax implications which the OP should find out first. They might be allowed to work without a work permit, but I'm sure they aren't allowed to work without paying tax;)

Tax treaty though, innit?

Tripitaka Nov 11th 2010 9:28 am

Re: live in Canada work in UK???
 

Originally Posted by Novocastrian (Post 8969839)
Tax treaty though, innit?

Surely they would work for a UK company, earn GBP and pay tax in the UK though? They would just have to convert the GBP to CAN$ to spend it. I considered it but the imigration lawyer said "don't do it, it could affect your TWP" so I elected to stay a few more weeks in the UK.

Fly out 24th Jan now though! WooHoo!

Novocastrian Nov 11th 2010 9:59 am

Re: live in Canada work in UK???
 

Originally Posted by Tripitaka (Post 8976417)
Surely they would work for a UK company, earn GBP and pay tax in the UK though? They would just have to convert the GBP to CAN$ to spend it. I considered it but the imigration lawyer said "don't do it, it could affect your TWP" so I elected to stay a few more weeks in the UK.

Fly out 24th Jan now though! WooHoo!

Yes and no. They (he) would likely have UK tax deducted at source, but would have to file a Canadian tax return showing worldwide income (if he was a tax resident, which he would be given the info we have). Because of the tax treaty, what was paid to the UK would be deductible from the Canadian bill.

JonboyE will be along momentarily if I err. :)

fledermaus Nov 11th 2010 10:19 am

Re: live in Canada work in UK???
 

Originally Posted by Novocastrian (Post 8976468)
Yes and no. They (he) would likely have UK tax deducted at source, but would have to file a Canadian tax return showing worldwide income (if he was a tax resident, which he would be given the info we have). Because of the tax treaty, what was paid to the UK would be deductible from the Canadian bill.

JonboyE will be along momentarily if I err. :)

So if someone was here on a visitor's visa and running their UK business from Canada, for say 6 months of the year would they have to pay income tax in Canada?

Alan2005 Nov 11th 2010 10:41 am

Re: live in Canada work in UK???
 

Originally Posted by fledermaus (Post 8976499)
So if someone was here on a visitor's visa and running their UK business from Canada, for say 6 months of the year would they have to pay income tax in Canada?

Most places in the world make you declare world wide income if you are a tax resident. The UK does not - which is why lots of non-dom billionaires live there.

fledermaus Nov 11th 2010 12:40 pm

Re: live in Canada work in UK???
 

Originally Posted by Alan2005 (Post 8976559)
Most places in the world make you declare world wide income if you are a tax resident. The UK does not - which is why lots of non-dom billionaires live there.

eh?

How is tax resident defined?

Alan2005 Nov 11th 2010 12:43 pm

Re: live in Canada work in UK???
 

Originally Posted by fledermaus (Post 8976755)
eh?

How is tax resident defined?

Usually by how much time you spend in a country. 183 days is normal.

fledermaus Nov 11th 2010 12:50 pm

Re: live in Canada work in UK???
 

Originally Posted by Alan2005 (Post 8976759)
Usually by how much time you spend in a country. 183 days is normal.

Ah, thanks. So if you run your UK company from Canada and were here for more than 183 days then you pay tax in Canada on your UK income?? That would be if the tax rate in Canada was higher than the UK rate??

Alan2005 Nov 11th 2010 12:54 pm

Re: live in Canada work in UK???
 

Originally Posted by fledermaus (Post 8976766)
Ah, thanks. So if you run your UK company from Canada and were here for more than 183 days then you pay tax in Canada on your UK income?? That would be if the tax rate in Canada was higher than the UK rate??

My understanding is along those lines. It's a shame JonboyE hasn't looked in on this thread - he'd give the us the proper answer.

fledermaus Nov 11th 2010 1:11 pm

Re: live in Canada work in UK???
 

Originally Posted by Alan2005 (Post 8976770)
My understanding is along those lines. It's a shame JonboyE hasn't looked in on this thread - he'd give the us the proper answer.

But they only know you are working for a UK company if you tell them, otherwise you are on vacation, or do they expect everyone here for more than 183 days to file taxes, d'ya think?

Alan2005 Nov 11th 2010 1:24 pm

Re: live in Canada work in UK???
 

Originally Posted by fledermaus (Post 8976801)
But they only know you are working for a UK company if you tell them, otherwise you are on vacation, or do they expect everyone here for more than 183 days to file taxes, d'ya think?

I don't know how they would find out - maybe they expect those people to just be honest and file.


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