Immigration Corner | Can digital nomads work in Canada without a work permit?

Dear Miss Powell,

I have a Canadian visitor visa, and I work mostly online as an administrative assistant and social media influencer. I was wondering if I can stay in Canada and do my work online without having to get a work permit. My employer is in Jamaica; plus, I do some social media work for myself. Can I be in Canada and do this work? I look forward to your response.

TK

Dear TK,

Canada is a popular destination for digital nomads. These are remote workers who travel and live in different countries while working online. Digital nomads are attracted to Canada because of its strong Internet infrastructure, high standard of living, and breathtaking natural beauty which makes our country appealing for those who want to balance work and travel. You do not need a separate visa to operate as a digital nomad in Canada. You may use your regular visitor visa, if you do not breach the immigration rules.

If you are visiting Canada on a visitor visa and working online as an administrative assistant and social media influencer, you might be allowed to work during your stay without obtaining a work permit. However, this depends primarily on the work you will be doing and whether the work will impact the Canadian labour market.

EMPLOYER MUST BE OUTSIDE OF CANADA

Canadian immigration law generally requires a work permit for any activity that involves working for a Canadian employer, or providing services to clients based in Canada. However, if you are working exclusively for clients or companies located outside of Canada, and you are not being paid by a Canadian entity, or conducting business with Canadian residents, then your work is considered permissible under the conditions of a visitor visa.

In other words, if you continue to perform your duties as an online administrative assistant and social media influencer for companies or clients outside Canada, and you are being paid from outside the country, you do not need a Canadian work permit.

Additionally, your remote work should not impact the local labour market, and you are not taking a job that a Canadian might otherwise want to fill. This type of work is considered incidental to your stay and would not violate the terms of your visitor status.

LIMITATIONS

There are limits to what you can do as a digital nomad. You are not allowed to work for a Canadian employer or offer your services to Canadian clients while on a visitor visa. Even if the work is online, once your services are connected to the Canadian economy, or involve local businesses, you would need a valid work permit.

Working for Canadian clients, even as a freelancer or contractor, is considered entering the Canadian labour market and would put you in breach of your visitor status. Therefore, you need to be very mindful of this as a social media influencer.

TIME LIMIT

Additionally, a visitor visa is a temporary status, usually valid for six months per entry. You are expected to leave Canada when your authorised stay expires, unless you apply for an extension. While digital nomads can enjoy the lifestyle of working remotely while travelling, Canada does not currently offer a dedicated digital nomad visa. That means you must comply with the conditions of your visitor visa and not overstay or engage in work that requires authorisation.

If you wish to stay longer in Canada or work for Canadian companies, you will need to explore other immigration pathways. Depending on your age and country of citizenship, the International Experience Canada programme may be an option, allowing you to work temporarily in Canada.

Other options are, if you plan to start a business that creates jobs for Canadians, the Start-Up Visa Programme may be a potential route. For long-term remote workers, maintaining compliance with visitor status while exploring legal pathways to extend your stay is important. There is also the Express Entry System which manages programmes such as the Federal Skilled Worker and some Provincial Nominee Programme.

In summary, if you are working remotely while in Canada on a visitor visa, and all your clients or employers are based outside Canada, then you are not required to have a work permit. Your work is considered passive in relation to the Canadian labour market. However, you must be careful with your social media work, as you cannot work for Canadian companies, promote Canadian goods, receive payments from Canadian clients, or engage in any activity that would require a work permit under Canadian immigration law.

The key is to ensure your stay complies with immigration rules and not exceed the time granted as a visitor. For more detailed analysis and advice about this and other Canadian immigration programmes, consult a Canadian immigration lawyer if you are unsure about your specific situation.

Deidre S. Powell is a lawyer mediator and notary public in Canada. Connect with her via Facebook, call or WhatsApp 613-695-8777.