natlit

Hi All,

Any advice on the below would be great.

Q.1

I have applied for PR a few months ago. My boyfriend is living in Canada. My employer based in UK knows that I want to go to Canada to be with my boyfriend. He has agreed to let me virtually work from my boyfriends home in Canada.

As I wont be entering the Candian labour market and I will still be employed by a UK company and getting paid in the UK will I be able to enter and live in Canada without a work visa? If so how long can I work from Canada in any one time under this arrangement?

Q.2

If things works out well, my employer has hinted that he might be interested in setting up a company in Canada. If so I will run it, again could my company set-up a company and have me run it without me needing to get a work permit?

Q.3 How long can I work and live in Canada as a business visitor?

Q.4 Will CHC look strangely on my application if I tell them I am moving to work in Canada even if I am still techincally employed by my UK employer and without a work without a permit?

Andrew and others any help would be great.

Thx

Nat

Andrew Miller

As long as you telecommute to your work in UK and are not doing anything on the Canadian labour market, are employed and paid in UK then you will be fine.

You didn't say what will be the nature of your work, thus I can't tell you if you will be entering Canadian labour market or not.

No, you cannot run the company in Canada as you cannot work in Canada without work permit

You cannot live in Canada without PR status (living permanently) or work/study permit (living temporary). You can only visit Canada for the duration of admission granted at the port of entry.

You cannot move to Canada to work here without proper permit. Telecommuting (if it is telecommuting of course) is not considered work.
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natlit

Hi Andrew,

Thx for the quick reply.......

I have a few more questions :

"You didn't say what will be the nature of your work, thus I can't tell you if you will be entering Canadian labour market or not."

I will be working a systems tester and webmaster.

"You cannot live in Canada without PR status (living permanently) or work/study permit (living temporary). You can only visit Canada for the duration of admission granted at the port of entry"

How long can a business visitor be granted access for. Lets say before that period expires I leave go back to UK for a few weeks, then return to Canada again as a Business Visitor will I be allowed into Canada as a Business Visitor the second time and so on or would my second visits and thereafter be curtailed?

Thanks,

Nat

Andrew Miller

What business visitor? What will be the business purpose of your visit?

Admission as visitor can be granted for up to 6 months as per discretion of admitting officer. Leaving Canada at the end of admission and trying to get new one shortly after may not work (rarely works) - don't try to outsmart the system, instead try to work within the system that allows you to apply for extension of stay if you have good reasons for it.

If you will be telecommuting your work to employer in UK and not do anything for their Canadian clients then you should be OK.


If you applied for PR visa as skilled worker few months ago then don't expect conclusion of the process before the end of 2008 - and you will not be able to extend your status as visitor here for that long no matter what tricks you want to try, sorry.

natlit

Hi Andrew,

So really what you are advising me to think about enter Canada as a visitor/tourist and not as a Business Visitor (although I would be techincally working albeit for a UK company)

If I enter on a tourist visa and tell immigration my intentions that I will be telecommuting while in Canada do you think they will let me stay for the maximum six months. Before the six months is up do you think I could apply for an extentsion and in your experience what do you think is the chances that I will get it? And how long typically do they offer the extensions for?

Thank-s for your help - really good of you

Andrew Miller

You are not business visitor when entering Canada for the purpose stated, regardless your intention to telecommute to your job in UK. Business visitors are persons coming here on official business (to attend trade fair for example) - you are not.

Fact that you want to telecommute is not a reason to grant you full 6 months admission.

Again - you may get lucky, be admitted for 6 months and maybe get later 6 months extension, but don't count on anything beyond that under your circumstances.