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Spousal sponsorship from USA work question

Spousal sponsorship from USA work question

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Old May 31st 2020, 3:42 pm
  #1  
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Default Spousal sponsorship from USA work question

Asking on behalf of my sister to help her with long-term planning (5 years or so). She is a Canadian citizen (as well as British and US citizen, but that is by-the-by). She is married to a US citizen (and has been for 10 yrs plus) and currently lives and works in New York.

I know she can sponsor him for PR in Canada either Inland or Outland. If they apply Inland, he can apply for an OWP at the same time etc.

The question is if they did this, could he continue to work for his contacts in the US and be paid in US dollars into a US bank account without a Canadian OWP (i.e. in the 3 - 4 months it might take to be granted)? He is an audio book narrator and can easily do this from any country for his US customers. Would he be liable to be taxed in the US or in Canada?

More than likely they would wind up doing an outland application, but I just want to understand the options for either approach.

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Old May 31st 2020, 5:37 pm
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Default Re: Spousal sponsorship from USA work question

Originally Posted by Hurlabrick
Asking on behalf of my sister to help her with long-term planning (5 years or so). She is a Canadian citizen (as well as British and US citizen, but that is by-the-by). She is married to a US citizen (and has been for 10 yrs plus) and currently lives and works in New York.

I know she can sponsor him for PR in Canada either Inland or Outland. If they apply Inland, he can apply for an OWP at the same time etc.

The question is if they did this, could he continue to work for his contacts in the US and be paid in US dollars into a US bank account without a Canadian OWP (i.e. in the 3 - 4 months it might take to be granted)? He is an audio book narrator and can easily do this from any country for his US customers. Would he be liable to be taxed in the US or in Canada?

More than likely they would wind up doing an outland application, but I just want to understand the options for either approach.
For the work and as long as working for clients who are not based in Canada then no work permit is required. As for taxes check with CRA.
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Old May 31st 2020, 6:06 pm
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Default Re: Spousal sponsorship from USA work question

Originally Posted by Hurlabrick
Asking on behalf of my sister to help her with long-term planning (5 years or so). She is a Canadian citizen (as well as British and US citizen, but that is by-the-by). She is married to a US citizen (and has been for 10 yrs plus) and currently lives and works in New York.

I know she can sponsor him for PR in Canada either Inland or Outland. If they apply Inland, he can apply for an OWP at the same time etc.

The question is if they did this, could he continue to work for his contacts in the US and be paid in US dollars into a US bank account without a Canadian OWP (i.e. in the 3 - 4 months it might take to be granted)? He is an audio book narrator and can easily do this from any country for his US customers. Would he be liable to be taxed in the US or in Canada?

More than likely they would wind up doing an outland application, but I just want to understand the options for either approach.
https://www.canada.ca/en/immigration...t-is-work.html
Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or permanent residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to: (list..... including...
* long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;
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Old Jun 1st 2020, 5:19 pm
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Default Re: Spousal sponsorship from USA work question

Great, thanks guys.

I will leave the tax question to my brotger in law. I am sure there are plenty of tax advisers expert in joint US / Canadian tax matters. I suspect outland would be the best route anyway as I dont see how my sister could move to Canada without first selling the apartment in NY
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