TRC

Hi all,

I'm moving to Canada on dual intent, as I will arrive on a visitors visa, I will just work remotely in Canada for a UK company, on UK clients, from my research this is completely fine.

Am I right in thinking also that I should be paid into my UK account, with my address listed as UK for now until my visa comes through.

Once my visa is through I will invoice my company and work as self employed in Canada.

Is this the best option for me?

plasticcanuck

What visa do you anticipate receiving once you're here???

TRC

My common law is sponsoring me.

BritInParis

Even if you're working remotely for a UK employer and being paid into your UK bank account you would still be working in Canada which is not permitted on a visitor visa.

TRC

You can work remotely for 6 months.

Former Lancastrian

If you got a 12 month visitor record you could work for 12 months.
Working remotely for non Canadian employers is fine just make sure you have no clients in Canada or do business with any client based in Canada.

long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;
Temporary Foreign Worker Program: What is work?

TRC

Yeah it will be purely British. Thanks for that link. I'm hoping in will only be on the visa for a few months!

Thanks!

MarylandNed

Technically speaking, not true.

Practically speaking, stating that plan to a CBSA officer could be risky. Some officers might share your view that a visitor is not allowed to work in Canada (even remotely for a foreign employer) and that a declaration of that intention is a sign that they might work illegally and therefore should not be admitted.

TRC

Yeah I've done a bit of research I should have a decent amount of money to bring over so I'll just get a bank statement.

MarylandNed

Will you have enough funds to support yourself in Canada without the income from your UK employer? If so, and you are asked how you will support yourself in Canada, I would simply say that you have sufficient funds and show the proof. This is not a lie.

If the funds you have are not enough on their own, that might prompt more questions. If you are asked if you intend to work while in Canada, then you would have to answer that question truthfully. Technically speaking, your plan is fine but be prepared in case the CBSA officer takes issue with it.

TRC

Well I will be on dual intent so I expect my visa through soon from spousal sponsorship. I'll also be living with my partners parents. Ill have around 7000 Canadian.

Steve_

But given that he's planning on staying, he would become resident for tax purposes after 183 days, so that's the limit really.

You certainly can do it that way, depends on how big you think this business will be. If you're just a one-off overseas employee, then registering as self-employed (i.e. get a business number) and doing a T2125 every year is the simplest way.

Bear in mind that the export of services is zero-rated for GST/HST purposes. Which means you can claim ITCs against the GST/HST but you don't charge it.

Alternatively you (or your employer) can create a corporation in Canada and put you on that payroll, or the employer in the UK can get a business number and set up a Canadian payroll (generally speaking, not the best method because then the UK corporation has to do a T2).

Steve_

According to the CBSA manual, it is allowed provided it is de minimus, i.e. no impact on the Canadian economy, source of remuneration is from abroad.

However the law is pretty vague on the subject. Because no-one really thought about people working over the internet.

If you're from a country with a tax treaty with Canada, I wouldn't worry about it.

Siouxie

What kind of activities are not considered to be "work"?

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

Temporary Foreign Worker Program: What is work?

TRC

Can I invoice the British company still when I am on the visitor visa? I'm hoping I'm only on the visitor visa for a month or two.