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USC in canada...is this true?

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Old Apr 18th 2005 | 7:08 am
  #16  
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Default Re: USC in canada...is this true?

Originally Posted by Andrew Miller
First - comment to the assertion made by dbd33 ("I know that there's no requirement for a work permit for short term work."). There is no such thing as "short term work" not requiring work permit. You are either breaking the law by working or hiring without work permit or you just have no idea what you are talking about.

Now answer to Biiiiink - it is possible but only in theory. In reality one beautiful day you will be stopped and refused admission or given one for short period of time (few days to couple of weeks) just to pack your stuff and leave Canada.
I have to say, don't be silly. I have had a contract requiring monthly paid work in the US and have held it for ten years or so. At the border I have always stated why I was traveling. Once I was asked if I have a four year degree and many times I've been asked if I was to be paid directly in the US, I've always answered that we bill from Canada and I've always been waved in without requiring a work permit or any other form of documentation. It could be that I've been lucky several thousand times but I'm more inclined to believe that one can go and work in the US so long as one is not directly remunerated there. I work with Americans in Toronto most weeks, I know perfectly well that they don't get any special sort of permit to come here, it's just routine.
 
Old Apr 18th 2005 | 7:14 am
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Default Re: USC in canada...is this true?

Originally Posted by iaink
No its not, its because to work at all in the US I would need a work permit, whether I am paid in canada or the US. If I am attending a meeting its different.

Please see the expert responses from the two lawyers who replied. Both seem to say to me that what you have been doing is illegal.
I don't see two lawyers, I do see an immigration consultant but, OK, believe what you want. I think I go back and forth, making a living at it and being quite open with the border staff. You think that's illegal. I guess it doesn't much matter.
 
Old Apr 18th 2005 | 7:19 am
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Default Re: USC in canada...is this true?

.. horsefeathers as Jim would comment...

Please read relevant chapter of immigration manual and you'll understand above comment.

http://www.cic.gc.ca/manuals-guides/english/fw/fwe.pdf

As for working in US without proper visa - impossible too. I provide my services in Canada, but every time I cross the border Americans are asking me if I will provide any consulting in US and if I would have intention to do it (paid or unpaid) I would need proper visa.

There are (in both countries' rules) very specific circumstances when work permit may not be required (like post-sale service for example), but such exceptions won't apply to 99.999% of those interested in working on the other side of border.

Originally Posted by dbd33
I have to say, don't be silly. I have had a contract requiring monthly paid work in the US and have held it for ten years or so. At the border I have always stated why I was traveling. Once I was asked if I have a four year degree and many times I've been asked if I was to be paid directly in the US, I've always answered that we bill from Canada and I've always been waved in without requiring a work permit or any other form of documentation. It could be that I've been lucky several thousand times but I'm more inclined to believe that one can go and work in the US so long as one is not directly remunerated there. I work with Americans in Toronto most weeks, I know perfectly well that they don't get any special sort of permit to come here, it's just routine.

Last edited by Andrew Miller; Apr 18th 2005 at 7:34 am.
 
Old Apr 18th 2005 | 7:40 am
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Default Re: USC in canada...is this true?

dbd33, reply 5 was to me, but who cares what was to whom...

I just wanted an answer to the question on the lifestyle forum of whether what your girlfriend is doing was lawful or not, and Andrew says not. She's surely a de facto resident even by leaving the country for a few days every 6mths whether she likes it or not.

Andrew, many thanks for your input.

Last edited by Biiiiink; Apr 18th 2005 at 7:42 am. Reason: typo!
 
Old Apr 18th 2005 | 8:24 am
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Default Re: USC in canada...is this true?

Originally Posted by Andrew Miller
.. horsefeathers as Jim would comment...

Please read relevant chapter of immigration manual and you'll understand above comment.

http://www.cic.gc.ca/manuals-guides/english/fw/fwe.pdf

As for working in US without proper visa - impossible too. I provide my services in Canada, but every time I cross the border Americans are asking me if I will provide any consulting in US and if I would have intention to do it (paid or unpaid) I would need proper visa.

There are (in both countries' rules) very specific circumstances when work permit may not be required (like post-sale service for example), but such exceptions won't apply to 99.999% of those interested in working on the other side of border.
As you will. I am, in fact, a constant visitor to the US, for work. If you say my situation is impossible, fair enough, but I believe myself to be real.
 
Old Apr 18th 2005 | 1:20 pm
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Default Re: USC in canada...is this true?

Either you fall into one of very limited exceptions or you are simply breaking the law. No other explanation.

Originally Posted by dbd33
As you will. I am, in fact, a constant visitor to the US, for work. If you say my situation is impossible, fair enough, but I believe myself to be real.
 
Old Apr 18th 2005 | 1:28 pm
  #22  
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Default Re: USC in canada...is this true?

Originally Posted by dbd33
I responded directly to PMM's assertion that work permits are required; they aren't. I didn't introduce the topic.
Well, if they aren't required, PLEASE explain how to get across the border without one (legally that is). It would have saved us nine months of no income!! My husband works in the USA, he crosses the border about 24 times a year. Always has to produce his visa. No way around it.
 
Old Apr 18th 2005 | 2:09 pm
  #23  
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Default Re: USC in canada...is this true?

Originally Posted by Calgal
Well, if they aren't required, PLEASE explain how to get across the border without one (legally that is). It would have saved us nine months of no income!! My husband works in the USA, he crosses the border about 24 times a year. Always has to produce his visa. No way around it.
Let me say the possibility of breaking the law is of no direct concern to me, that's business. However, looking at the exceptions above and assuming this works reciprocally, I am not breaking any law :

"must be entering Canada to take part in an activity listed in Appendix 1603.A.1 of Chapter 16 of the NAFTA (these activities include technical or scientific research, attendance at a convention or trade fair, sales of products or services--but not delivery at the time--and after-sales service);
cannot be seeking to join the domestic labour market--in other words, the principal source of remuneration remains outside Canada; and
does not need a work permit."

I travel to sell product, allowed, to present at conventions, allowed and to service the product, also allowed. As mentioned above, a common question is "how are you paid" or "are you paid directly", the answer to the latter is, no, if a client buys a product or a service contract they are not directly paying me. Similarly, when I bring someone from the US, I pay their company in the US, not the person as an individual. None of these complicated billing arrangements are deliberately aimed at circumventing work permit restrictions though they seem to have done that. We're mainly concerned with minimizing taxes and avoiding establishing employer/employee relationships; no one wants to be stuck with a T4.
 

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