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What about working as a subcontractor/consultant.

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What about working as a subcontractor/consultant.

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Old Jan 20th 2007, 11:35 am
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Default What about working as a subcontractor/consultant.

En e-mail I sent off yesterday to a business contact in Toronto has resulted in to a referral to another company they know which they also think would benefit from my services and my European contacts.

Say this company would offer me to be a subcontractor/consultant and hire me to sit in their office as a consultant for a limited period, say six months.

Would I have a leg to stand on work permit wise?

Am I technically a business visitor as I would be invoicing said company from UK (having invoices sent by post from UK during such a contract would not be a problem.) which means business visitors do not need work permit?

pasted from CIC:
Business Visitors People coming to Canada on business do not need a work permit. Business visitors must work for a company located outside of Canada. Business visitors cannot directly enter the Canadian labor market.



The way I see it is that I *do* work for a company located outside Canada. My company has an expertise this Canadian company would be in need of for a short period of time and has contracted my company to fill that need.


The follow up is ofcourse: If the company in Canada is so happy with my work they offer me a full time employment. HSRDC, LMO is understood that I need but would it be possible to organize that while in Canada. I do understand that I most likely have to cross the border to change my normal Visa (say I get in as a business visitor) to a work permit and provide all necessary documents. Still, is it possible?

I try not to get tangled up in how I pose my questions so I hope whomever answers the question could be willing to try and read between the lines to fully understand what I am asking.

Thank you in advance for patience and responses.
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Old Jan 20th 2007, 5:04 pm
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Default Re: What about working as a subcontractor/consultant.

Sitting and working out of Canadian company's office in Canada means you will enter Canadian labour market - it is a big no-no for business visitor.


Originally Posted by YYZlover
En e-mail I sent off yesterday to a business contact in Toronto has resulted in to a referral to another company they know which they also think would benefit from my services and my European contacts.

Say this company would offer me to be a subcontractor/consultant and hire me to sit in their office as a consultant for a limited period, say six months.

Would I have a leg to stand on work permit wise?

Am I technically a business visitor as I would be invoicing said company from UK (having invoices sent by post from UK during such a contract would not be a problem.) which means business visitors do not need work permit?

pasted from CIC:
Business Visitors People coming to Canada on business do not need a work permit. Business visitors must work for a company located outside of Canada. Business visitors cannot directly enter the Canadian labor market.



The way I see it is that I *do* work for a company located outside Canada. My company has an expertise this Canadian company would be in need of for a short period of time and has contracted my company to fill that need.


The follow up is ofcourse: If the company in Canada is so happy with my work they offer me a full time employment. HSRDC, LMO is understood that I need but would it be possible to organize that while in Canada. I do understand that I most likely have to cross the border to change my normal Visa (say I get in as a business visitor) to a work permit and provide all necessary documents. Still, is it possible?

I try not to get tangled up in how I pose my questions so I hope whomever answers the question could be willing to try and read between the lines to fully understand what I am asking.

Thank you in advance for patience and responses.
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Old Jan 21st 2007, 1:39 am
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Default Re: What about working as a subcontractor/consultant.

Originally Posted by Andrew Miller
Sitting and working out of Canadian company's office in Canada means you will enter Canadian labour market - it is a big no-no for business visitor.
Ok, so that is not doable then. Figured it wouldn't be. I would still need a workpermit.

However - do I still need an LMO as subcontracted?

Also, this is not yet clear, if I land a new client out there (and all my work so far is actually NOT done in a clients office but done in my office) that needs a website. Am I allowed to work on that website from whatever hotel/condo I am staying at?

I can't really see what the difference is if I would work on the website in a hotel in Toronto or in my office in UK.
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Old Jan 21st 2007, 4:34 am
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Default Re: What about working as a subcontractor/consultant.

You need full time employment offer for both, LMO and work permit.

You may telecommute from your hotel to your employer outside Canada as long as you do job for client outside Canada, you are employed and paid outside Canada.

Originally Posted by YYZlover
Ok, so that is not doable then. Figured it wouldn't be. I would still need a workpermit.

However - do I still need an LMO as subcontracted?

Also, this is not yet clear, if I land a new client out there (and all my work so far is actually NOT done in a clients office but done in my office) that needs a website. Am I allowed to work on that website from whatever hotel/condo I am staying at?

I can't really see what the difference is if I would work on the website in a hotel in Toronto or in my office in UK.
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Old Jan 21st 2007, 6:18 am
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Default Re: What about working as a subcontractor/consultant.

Originally Posted by Andrew Miller
You need full time employment offer for both, LMO and work permit.
thanks! After trawling several sites things are starting to clear up.

You may telecommute from your hotel to your employer outside Canada as long as you do job for client outside Canada, you are employed and paid outside Canada.
Bingo! That helps. At the moment I have zero Canadian clients and 100% US and UK clients. And my company is UK based.

I was worried that if I get a job offer from Canada, my employer gets the LMO and I get out there that I was not going to be alowed to be of service to my UK and US clients.

Thanks
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