Outland app in progress...can my husband get a work permit?

[Foster]

Hey everyone,

My husband and I did the outland application. I am the Canadian citizen and my husband is an American citizen. He has been here since last year and is on an extended visitor visa. Is it possible for him to apply for a work permit? Will that affect our outland application? Can anyone please help us out!

Thanks ;D

 

[DuberBlue]

Hello there...from the CIC site:

If your spouse or common-law partner is in Canada on a temporary resident (visitor) visa, they have to apply for a work permit to be able to work.

Your spouse or common-law partner can apply for a work permit from inside Canada if:

-they have a temporary resident permit that is valid for six months or more; OR
-they are in Canada because they have already applied for permanent residence from inside Canada AND they have passed certain stages in the main application process; OR
-you are a Canadian citizen and resident of Ontario returning to that province to work in an academic or health-care career (see pilot project).

I guess, yes? If the TRV is for more than 6 months....option #2 only applies to inland applications and #3...well, seems very specific

 

[screech339]

Since your husband applied outland, he has 2 options to work in Canada. One is to apply for regular work permit through LMO which is expensive for employer to do. The other option is to work from inside canada working for america company, getting paid from US. Sort of like teleworking.

Screech339

 

[Foster]

Thanks DuberBlue and screech339. So if he can get a job with an American company here then he can work? Will it affect our application in anyway?

 

[screech339]

Thanks DuberBlue and screech339. So if he can get a job with an American company here then he can work? Will it affect our application in anyway?

It is not so simple as that. The american company in canada have to follow canadian employment laws too. So as long as they have Canadian working there, you can't work for them either. It would have to be an american company that doesn't have any presence in Canada. You would be working for them on the canadian side of the border working under US employment laws/rules as if you were working in US.

Screech339

 

[DuberBlue]

Thanks DuberBlue and screech339. So if he can get a job with an American company here then he can work? Will it affect our application in anyway?

I think what screech339 is stressing is that you can, but the company must be based in America (i.e. not just working for a Canadian office of an American firm), and that his paychecks, which must likely be in U.S. funds, are coming directly from that American company. Essentially he's a satellite employee at that point.

Obviously this will subject him to the IRS as well

 

[Foster]

Ohhh ok thanks guys! I just wanted to see if he could work because he is getting bored and I feel bad for him. I appreciate the input from the both of you though ;D