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Know your stuff? Can you help me on this one - "working while waiting for PR"

Know your stuff? Can you help me on this one - "working while waiting for PR"

Old Jan 21st 2013, 6:42 pm
  #1  
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Default Know your stuff? Can you help me on this one - "working while waiting for PR"

Ok I'll try to explain this as best as I can.

1) Im a UK male, married 7 years to Canadian wife.
2) We moved to Canada in July 2012, I applied for PR as wife is sponsor
3) I have confirmation they have my application and its in process (and wont be done prob till end of this year)

4) In the meantime I understand I can not work during this time, as I don't have a social security number

5) Now that is fine as I actually work online for my company in the UK (online marketing company) and receive a wage from the UK.

NOW the problem -->

6) As we are now planning on living here, I want to move my business over as such my wife has incorporated a company in Canada, as she is Canadian and majority share holder it is viewed as a Canadian owned company. This can sit dormant or active, based on what we decide below:

SO

I can pick up projects in Canada. Which I can bill through the UK, as if I was still in the UK (its online so when I was in the UK we had clients all over the place)

OR

Can we start to bill clients in Canada under our new Canadian company. Or would that be viewed as me "working" in Canada?

Note: I won't be taking a wage from Canada company, as I can't set up payroll for myself.

It's probably really simple, but I just don't want to piss anyone off in immigration.
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Old Jan 21st 2013, 7:42 pm
  #2  
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Default Re: Know your stuff? Can you help me on this one - "working while waiting for PR"

Originally Posted by Chrisurfing
Ok I'll try to explain this as best as I can.

1) Im a UK male, married 7 years to Canadian wife.
2) We moved to Canada in July 2012, I applied for PR as wife is sponsor
3) I have confirmation they have my application and its in process (and wont be done prob till end of this year)

4) In the meantime I understand I can not work during this time, as I don't have a social security number

5) Now that is fine as I actually work online for my company in the UK (online marketing company) and receive a wage from the UK.

NOW the problem -->

6) As we are now planning on living here, I want to move my business over as such my wife has incorporated a company in Canada, as she is Canadian and majority share holder it is viewed as a Canadian owned company. This can sit dormant or active, based on what we decide below:

SO

I can pick up projects in Canada. Which I can bill through the UK, as if I was still in the UK (its online so when I was in the UK we had clients all over the place)

OR

Can we start to bill clients in Canada under our new Canadian company. Or would that be viewed as me "working" in Canada?

Note: I won't be taking a wage from Canada company, as I can't set up payroll for myself.

It's probably really simple, but I just don't want to piss anyone off in immigration.
If the Canadian company bills them you will be deemed to be working in Canada. Why would you believe otherwise?
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Old Jan 21st 2013, 8:13 pm
  #3  
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Default Re: Know your stuff? Can you help me on this one - "working while waiting for PR"

Because if that was the case, I wouldn't be getting paid as a "person" the company is earning as it's incorporated, a separate entity in its own right.

I have no idea, that's why im asking. Thanks!
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Old Jan 21st 2013, 9:46 pm
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Default Re: Know your stuff? Can you help me on this one - "working while waiting for PR"

1. Working online for a UK company and not serving Canadian customers is an activity you can legitimately do as a visitor.
2. If you start serving Canadian customers while in Canada you can be viewed as entering the Canadian labour market and in that situation you need a work permit.
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Old Jan 22nd 2013, 9:55 am
  #5  
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Default Re: Know your stuff? Can you help me on this one - "working while waiting for PR"

Originally Posted by firstchoice
1. Working online for a UK company and not serving Canadian customers is an activity you can legitimately do as a visitor.
2. If you start serving Canadian customers while in Canada you can be viewed as entering the Canadian labour market and in that situation you need a work permit.
Sorry to butt in, but I was about to post my own thread on this....so if my husband continued to work remotely for his current employer in the UK, paid and taxed in the UK, he could come ahead of his COPR? We obviously don't want to screw anything up immigration-wise so currently he will remain here until COPR is granted.
I emailed CIC/London to just double check what I read about business visitors (which I think it falls under) but am yet to receive a reply

Thank in advance.
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Old Jan 23rd 2013, 4:41 pm
  #6  
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Default Re: Know your stuff? Can you help me on this one - "working while waiting for PR"

Originally Posted by firstchoice
1. Working online for a UK company and not serving Canadian customers is an activity you can legitimately do as a visitor.
2. If you start serving Canadian customers while in Canada you can be viewed as entering the Canadian labour market and in that situation you need a work permit.
Thank you for answering.

I am working for my own online UK company, being paid in the UK and taxes etc while waiting for my PR.

But my confusion is that we do already have customers all over the world.

If I was still living in the UK and a Canadian customer came to us to build a website we could do that?
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Old Jan 23rd 2013, 4:46 pm
  #7  
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Default Re: Know your stuff? Can you help me on this one - "working while waiting for PR"

Or even MORE confusion.

What happens if a customer contacts us to build a website. They are billed/invoiced from our UK company and then the actual work is sub contracted out to our guys in the UK.

Effectively I'm not doing any work at all.
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Old Jan 23rd 2013, 5:58 pm
  #8  
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Default Re: Know your stuff? Can you help me on this one - "working while waiting for PR"

Wow it's near impossible to call anyone at CIC. Tried 6 times and still trying.
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Old Jan 23rd 2013, 6:32 pm
  #9  
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Default Re: Know your stuff? Can you help me on this one - "working while waiting for PR"

Got through! Super friendly person on the phone. Basically even if:

"I am working for my own online UK company, being paid in the UK and taxes etc while waiting for my PR.

But my confusion is that we do already have customers all over the world.

If I was still living in the UK and a Canadian customer came to us to build a website we could do that?"

It is the fact I am personally in Canada and would be seen as "competiting" with local companies.

Good to know! Better get chasing my UK customers :-)
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Old Jan 23rd 2013, 6:35 pm
  #10  
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Default Re: Know your stuff? Can you help me on this one - "working while waiting for PR"

Which number did you call please? So it is the fact that you are in Canada that is the issue? Or Canadian customers? Thanks.
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