beckington

Hi everyone

I'm sponsoring my hubbie (putting application in next week or so!) but we've been thinking about moving to Canada as soon as our house is sold and sorted, even if his PR hasn't come through. We'd have some money to live off while we wait, plus I'd be working. But we were wondering if hubbie could be self-employed while on a tourist visa? Thinking his business could be UK-based and taxed but he'd just happen to be staying in Canada for a few months running it (the type of business he is in would make this feasible). Is this possible? I'm self-employed and my business is portable as well and I know I've run my business while on holiday in other countries without any trouble, though only for a month at a time. So would this type of thing work? Thoughts? Experiences?

Cheers

Charmaine

Rich_007

He could reside in Canada as a visitor, on 6 monthly (possibly renewable) visa.

Strictly speaking, he could not 'work', and if found to be 'working' could be deported, barred from applying as PR or refused re-entry if authorities decided so.

What is 'work' exactly ? Depends how it is interpreted and how/if you can 'get away' with it. Would assume that 'carrying out ones business from home or office' would constitute 'work'. Officials tend not to see the light side of this especially if a visitor visa states intent not to work whilst in Canada (i.e it constitutes deception and would thus affect current/future emigration plans/possibilities).

But regardless of finer details, 'getting away with it' is not strictly in the spirit of the process or the reason why people want to move to Canada.

A post on the immigration forum would get expert input.

Business class category might be possible for longer term plans ?

Good luck.

Rich.

iaink

Best to get an expert opinion in immigration, but my take is that if he is not actually recieving money in canada for his endeavours then he is not working...BUT I believe you cant even work in a volunteer basis in Canada on a visitor permit..so its something of a grey area. Worth checking the Canada Customs and Revenue site for a definition of what they consider to be "working in canada".

From the point of view of jeapordising a PR application it probably isnt worth the risk unless someone can give a definate OK to it.

Rich_007

Iain,

You are right, volunteers require authorisation to work. I found that out when my wife was discussing this when she went for recce at the hospital she is working at. I can volunteer there (doing office work whilst looking for 'proper' work (way of getting experience and a reference in 'Canadian' terms) when Nicky has temp w/p as spousal application. But on this basis, I guess it could be seen as potentially doing someone out of work or an 'opportunity' in a very unionised environment.

personally, I would always play it careful but otehrs may not take same approach - their risk. Not my risk to worry about.

Rich.

beckington

Hi

Thanks for your thoughts. Obviously we don't want to risk his PR application. I'll ask in the Immigration forum, as suggested.

Rich said:
But regardless of finer details, 'getting away with it' is not strictly in the spirit of the
process or the reason why people want to move to Canada.

Not sure what you mean by that. We aren't trying to get away with anything - just trying to find out what is acceptable and what isn't. As for the reason why people want to move to Canada, well, I want to move back home to be closer to family and have a bigger house, maybe even a basement!

Cheers!

Charmaine

Rich_007

Not having a pop - honestly. Some folks do think they can play the game and pull wool over officials eyes

Your answer says it all really (in a good way).

Best of luck to ya !

Rich.

beckington

No pulling wool over official eyes here - spent too many years growing up with a mountie (my dad) to try that!

And best of luck to you!

Charmaine

jorja

If you're looking to clarify CIC's definition of "work" check out this page on their website... (quoted below) I was concerned as I've been volunteering while visiting Canada but I fall within the category described below. Hope this is of some use.

http://www.cic.gc.ca/english/irpa/fs-workers.html

WHAT IS NOT CONSIDERED WORK

The definition of work does not include:

- incidental volunteer work for which someone wouldn't normally be paid
- providing unpaid help to a friend or family member during a visit
- long-distance work (i.e. by telephone or Internet) by a visitor whose employer is outside of Canada

Tiaribbon

In the past, every visit we have made within Canada has been paid for by our income from our UK company. As owner of the company, my husband still has to deal with the day to day running of the company regardless of which country we happen to be in. He still pays himself when we are overseas and I can't see what the difference is between this normal type of dealing with business affairs and what you are proposing, except that he may be on vacation for 6 months rather than 4 or 5 weeks.

His income is still taxed at source, he is not trading with or dealing with any Canadian companies outwith his usual customers and he is just taking his salary as anyone who goes on holiday does.

When my husband applied for his Study Permit, he told CHC that he would still be running his company in the UK and that his salary would also be used to cover our living expenses whilst in Canada for the 3 years on the Student Visa. There were no objections raised and our Permits came through in super-quick time.

Anyone who owns their own company does this all as a matter of course surely, therefore I personally cannot see why it would be an issue...........but if I am wrong then I am sure I will be quickly corrected, LOL!!!

dingbat

The key is where you will be deemed to be "ordinarily resident". If you are "ordinarily resident" in Canada for over a certain amount of days (182 ??) then Canadian worldwide income tax rules kick in. A tax liability in a country that you are "visiting" on a tourist visa could be potentially problematic. I have no clue how it works on a study visa. I'd check with an accountant who has expat tax experience - I suspect they would be able to give you enough information to make an informed decision.

beckington

Thanks for all the replies. Seems to be two, related, issues here - immigration and tax liability. I'm not sure where we will go from here - but will report back for anyone's interest if we come to any conclusions!

Cheers

Charmaine