Hello,

I operate a freelance Web Development business in Australia, that is registered with the govornment.

I am currently working for a Canadian Company in this field, in Canada, however my 1 year Canadian Work Permit is about to expire.

The company has suggested that rather than me being on their payroll (I currently am), I could contract the services of my Australian based business to them.

Would this eliminate the need for a Work Permit (assuming all of my other visa requirements for me remaining in the country are fine)? Would I then be considered a 'Business Visitor' as I am not directly entering the Canadian Labour Market, and all funds earned go directly to the Australian Business/Accounts?

Does it matter where the actual work was performed (eg. Australia or Canada)?

Would the company need to notify HRSDC? Would this type of situation be subject to their usual assessments?

Are there any legal issues I need to be aware of?

Thanks very much for your help.

Regards
P Smith.

The situation that you described does not constitute a Business Visitor as the primary source of remuneration for the work would be from Canada. If you perform the work from within Canada, you would require a work permit.

If you are performing the work from Australia, then a work permit would not be required. Short visits to Canada to attend meetings with your client may be covered under the Business Visitor provisions.

If a work permit is sought, HRSDC Confirmation may be a requirement for eligibility. Without knowledge of the details of the case, it is difficult to speculate as to its merits.