TN1 visa working for US company but living in Canada?

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zagoretteNew Member
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Joined: 21 May 2009

TN1 visa working for US company but living in Canada?

Post Mon Nov 22, 2010 2:55 pm

I am currently on a TN1 visa and working in the States - but my company wants to send me to Canada to work with some of our Canadian clients (we don't have an office in Canada) for a term of a few months up to a year - they say it's easier to put me there as a Canadian citizen rather than someone from the US each time.

Is it possible to do this under the TN1? Does anyone work for a US Company but work from "home" in Canada? I'm wondering what this would means in terms of my pay, health care benefits...if it's even legal...

Any advice appreciated!
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agnelsonCanuckAbroad VIP
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Joined: 26 Aug 2009

Re: TN1 visa working for US company but living in Canada?

Post Mon Nov 22, 2010 7:47 pm

Well, working in Canada would not be under "TN" of course, since this is only for a Cdn (or mexican) working in US.

You would be allowed to work in canada by virtue of your CDn citizenship. period. 1000's of Cdns work for US firms in canada.

From a tax point of view, if you both live and work as an employee in canada, the company MUST pay you on a Cdn payroll, with Cdn deductions. However, if this is indeed a short-term secondment in Canada, and you maintain your US home, you can be considered non-resident of Canada, but you would probably be taxable in canada on that income, if your term lasted more than 183 days.

i'll discuss the taxation aspect at forums.serbinski.com, but in immigration temrs there is absolutely no reason you can't work in canada for whomever.
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zagoretteNew Member
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Joined: 21 May 2009

Re: TN1 visa working for US company but living in Canada?

Post Mon Nov 22, 2010 8:02 pm

I should have specified, my company does not have any presence in Canada therefore wanted to continue to pay me in the US - just that I would be temp resident in Canada.
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agnelsonCanuckAbroad VIP
Posts: 3264
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Joined: 26 Aug 2009

Re: TN1 visa working for US company but living in Canada?

Post Tue Nov 23, 2010 4:46 am

No change to my response.
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zagoretteNew Member
Topic author
Posts: 9
Joined: 21 May 2009

Re: TN1 visa working for US company but living in Canada?

Post Tue Nov 23, 2010 7:27 am

Thank you!! It definitely helps.
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