san

Here's my situation: I am a US citizen living in the US. I maintain a website for a
US non-profit (charitable) organization, and I get paid for this work. (In case it
matters, the website is located on a US web hosting service.) I want to visit my
Canadian friends (staying at their house, less than 6 months) and continue doing some
of the website maintenance a few hours per week using my laptop computer and their
internet connection. I would not be doing anything else that might be considered
"work" or "employment" while in Canada.

Questions:

1. Under the above conditions, would I be considered by the Canadian authorities to
be "working" or "employed" in Canada?

2. If so, would I be required to get a work permit or visa? (What kind?)

3. Would I owe Canadian taxes on the (US) money I earned while staying in Canada?

I'm hoping I would still be considered "just visiting", then I could just avoid a lot
of red tape. I'd appreciate any answers and links to relevant info. Thanks in
advance... --san

The Wizzard

im not an expert but.. ( hehe common starting point on this newsgroup )

i'd imagine it would be ok as you are not being paid any money in Canada. You arn't
working for a Canadian company or in fact any company based in Canada and none is
paying you so there would be no tax issue. i mean where do you draw the line. What if
you visited your friend and then say helped decorate their house? thats workign but
not for money, but what if they took you out to dinner to "pay" you hehe it all gets
very trivial. I think really updating a website isnt work as you arnt being employed
in Canada to do it, and you arnt being payed directly for it there. If it was the
case that it was work, you say you are a US citizen, i believe, from what my US
friends have said, is that you can quite easily get a temporary work permit at the
border through the NAFTA agreement cos you arn't goign there to get a job youa re
merely contuing your work that you do in the states, like say you were goign to
Canada for a meeting or soemthing then you'd do the same, you don't need to go though
a long tedious process just to go for a meeting co syou arnt seeking employment in
Canada and tehres the free trade agreement acros sthe border. i'd wait for one of the
qualified guys to tell you the facts but i reckon you'd be fine.

Drew

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Keith

Don't do it, period. It is "working", no matter if you are an american being paid by
americans while "visiting" Canada.

I speak from true experience, as I was given a "voluntary departure" for being in
EXACTLY the same situation. A "voluntary departure" is a sort of non-contested,
not-quite deported, removal from the country, in which you are not allowed to return
for up to a year without ministerial consent or specific approval of a senior customs
officer at the border... something that is "not likely to be granted, given the fact
that you have shown a disregard for the law" (a quote given to me).

As for the "helping a friend decorate his house" analogy... I tried this one on the
Immigration Officer and he assured me that any form of support "dinner, free housing,
etc" in return for favors is most definitely working. Unless you want to be removed,
DON'T DO IT!

I have spent the past year since my removal working very hard to attain my PR status,
and it is now down to the final phase (interview waived, passed medicals, etc)...
Just waiting for my papers. BTW, I am a US Citizen, applying from the states.

I was allowed to return to Canada seven months after my removal on compassionate
grounds; so that I could be there when my son was born (to my ex-girlfriend...still
good friend). I spent the next six months as a visitor in Canada, co-parenting and
snowboarding and am now back in the States awaiting my papers... soooooon.

During the six months I was in Canada as a visitor after my son was born I made damn
sure that I did NOT do anything that APPEARED to be WORK in any way. Trust me... if
you love Canada as dearly as I do, don't take a chance and risk being deported and
banned for life. I know it sounds drastic, but they found out I was working
(telecommuting with my laptop as well, network maintenance, web development), and
there's no guarantee that you will not get "caught"; even though you truly don't
believe that you are breaking the law.

Anyway, that was a long-winded way of saying you shouldn't do what you are doing.
However, if someone had told me back then what I know now, I would have been
sceptical but grateful.

Cheers, Keith

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san

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network
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Thanks, Keith, for the feedback (and congrats for your son!). It sounds like I will
need to get some kind of work permit while I visit. Anyone know how hard or easy that
is likely to be in my situation? (see below)

BTW, how did they find out you were telecommuting?

-san

[usenetquote2]> > Here's my situation: I am a US citizen living in the US. I maintain a website for[/usenetquote2]
[usenetquote2]> > a US non-profit (charitable) organization, and I get paid[/usenetquote2]
for
[usenetquote2]> > this work. (In case it matters, the website is located on a US web[/usenetquote2]
hosting
[usenetquote2]> > service.) I want to visit my Canadian friends (staying at their house,[/usenetquote2]
less
[usenetquote2]> > than 6 months) and continue doing some of the website maintenance a few hours per[/usenetquote2]
[usenetquote2]> > week using my laptop computer and their internet connection. I would not be doing[/usenetquote2]
[usenetquote2]> > anything else that might be considered "work" or "employment" while in Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Questions:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > 1. Under the above conditions, would I be considered by the Canadian authorities[/usenetquote2]
[usenetquote2]> > to be "working" or "employed" in Canada?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > 2. If so, would I be required to get a work permit or visa? (What kind?)[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > 3. Would I owe Canadian taxes on the (US) money I earned while staying[/usenetquote2]
in
[usenetquote2]> > Canada?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I'm hoping I would still be considered "just visiting", then I could[/usenetquote2]
just
[usenetquote2]> > avoid a lot of red tape. I'd appreciate any answers and links to[/usenetquote2]
relevant
[usenetquote2]> > info. Thanks in advance... --san[/usenetquote2]

Peter Scott

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Now hang on a sec... there have to be some limits on this which are not explained in
these posts. Posit a US citizen who visits Canada for a week-long technical
conference. During that time he is still working for his regular US employer, getting
paid for the time spent at the conference. During this time his employer would also
expect him to continue working remotely as necessary. This situation must occur
thousands of times a week and obviously there is nothing wrong with it.

It seems to me that there is a factor of 'intent to establish bona-fide residence' or
something like that missing.

--
Peter Scott