canadian woking from US for Canadian company remotely

mrg
New Member



Joined: 22 Sep 2007
Posts: 2

Posted: Sat Sep 22, 2007 4:54 am

 

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I have a similar situation so I thought I would bump this thread rather than make a new one.

I am a Canadian living in BC. I work remotely as a contractor for a Canadian company. I would like to temporarily live in the United States, with my girlfriend in Washington, who has about a year left in university. When she is done, I plan to come back to canada.

I plan to be there longer than 6 months, and I plan to continue to work remotely for my canadian employer, earning canadian money, going to my canadian bank account. It is my understanding that despite all of this, because I am still performing my duties on US soil, I must have a work permit.

The only two ways that a work permit seems to be possible is either carrying a job title and qualifications in accordance with the NAFTA list that includes doctors, engineers, etc. or have an offer letter from a company in the US who also has to petition your acceptance into the country to work for them.

Obviously since I am employed by a canadian company, that isn't relevant, or possible.

Is there another kind of visa for this, or can this be done as a visitor? Or does it fit under one of the aforementioned and I have a misunderstanding?

Or, do I go in on a visitor visa and work from home? If so, can I extend my 6 month stay, or will I be forced to go back to canada?

Any ideas for this scenario?

Thanks!

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1448
Location: North Carolina

Posted: Sat Sep 22, 2007 5:45 am

 

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You may qualify for a B1 visa, but I dunno. Have a look at the Dept. of state info on the Business/Tourist visas http://travel.state.gov/visa/temp/types/types_1262.html

As for extending your stay past 6 months, that would depend on if they'd even allow you in the first place.

If you stay in the US beyond 6 months, you'll also have to consider that your provincial health care benefits may also be affected, and you'll need to get an extension with your home province.
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mrg
New Member



Joined: 22 Sep 2007
Posts: 2

Posted: Sat Sep 22, 2007 6:51 am

 

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Hmm, thanks for the link, it seems to suggest that contractors are not allowed to use that. Looks like they must be permanent employees working abroad.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Fri Sep 28, 2007 9:46 am

 

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This is a situation in which the law has failed to catch up with technology, I think there is a discussion going on about revising the NAFTA categories to cover it, but I doubt anything will happen for a couple of years. I was in a similar situation as a live in Canada but all my clients are in the US or the UK and I connect to everything over the internet. Now I've got permanent residency in Canada it's not a problem anymore.

Not that I recommend breaking the law, and I certainly recommend that you don't, but I can't see how they can enforce it.

The situation I get into sometimes is that I'm in country X, going to a meeting trying to get some clients or something, and that is perfectly legal, but then I have to work from my laptop for some other client in some other country while I'm in country X. Am I breaking the immigration laws by "working" in that country? It's not just an immigration problem, there is the income tax situation too.

I'm sure it will get sorted out eventually, but one of my clients who is in the UK insists I stay in Canada so they don't have to work out the VAT or the GST, because it's zero-rated. It's just a bit ridiculous sometimes.
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Steve.

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