TN-How long can I work from home in Canada with the TN Status?

#1
Hi,

I hope everyone stays safe and healthy.

I am currently with the TN Status and wondering if I can work from home in Canada? It is a special time because of COVID 19 and I need to go back to Canada to support my family. The company I work for let us work from home anyway. I will probably go back to Canada for 2 months and not sure if it would cause any problems for my TN. I couldn't find any information about it. Thanks in advance.

J
 

Amberleaf

Active Member
#2
I understand US Immigration does not care if you spend 2 months in Canada.
They only care about your status when you are present in the US and working.

There may be tax implications, but that is a different topic.
 
#3
Thank you for your reply.

I mean if I work in Canada remotely for an US company with the TN Status. Next time I cross the border, would they question my work and possibly cancel my TN because I am away for 2 months with TN? I am just a bit worried.
 

Amberleaf

Active Member
#4
I see no concerns.
I knew a person who worked for a Canadian company, visited the US office many times, ended getting TN status to be able to work in US. The Canadian company paid payroll and everything. The TN status was just there to be able to work in the US.
Completely different situation than yours, but my point is the TN status is part of NAFTA and was implemented over twenty five years ago to allow both US and Canadian workers to work on either side of the border for extended period of time in either country.

When you come back to US after two months in Canada they may ask for proof that you are still working for your US company. You can bring your employee badge and/or a copy of your most recent paystub. (very rare that they will ask)

Under the rare situation where the CBP believe your TN was not issued correctly in the first place (you or the role do not qualify), they can cancel your TN and deny entry. This would only be in extremely rare situations.
Also if you are determined to be a security threat (on a "do no fly" list) you could be denied entry to US.
Or if you have criminal conviction or charges (like DUI) you could be denied entry.
Or if you have pot in your possession or if you admit to smoking pot in the past, they could deny your entry.
But again, very rare that this would happen.

Relax, work in Canada for a few months and return when you are ready.
 
#5
Thank you very much for your answer. It's been a very stressful time, but it will get better.

You have a nice day. Much appreciated.
 
#6
Been working remotely in Canada for about 100 days now, haven't tried to go back yet.

Immigration side, no, just have documents available in case asked.

Tax side, if you're already resident of Canada and have been filing tax it makes little difference. If you're non resident tho just be mindful of re-establishing residency. There's the 183 days per year rule and/or strong family/property/insurance ties.

On the plus side however, you're free to do a lot of things in Canada that wouldn't be easily allowed under TN while in US. Earning additional income on the weekend say on Uber, doing contract/volunteer side hussle work...etc, but again be mindful if you're currently non resident as this may impact your tax filing status next year.
 
#7
Been working remotely in Canada for about 100 days now, haven't tried to go back yet.

Immigration side, no, just have documents available in case asked.

Tax side, if you're already resident of Canada and have been filing tax it makes little difference. If you're non resident tho just be mindful of re-establishing residency. There's the 183 days per year rule and/or strong family/property/insurance ties.

On the plus side however, you're free to do a lot of things in Canada that wouldn't be easily allowed under TN while in US. Earning additional income on the weekend say on Uber, doing contract/volunteer side hussle work...etc, but again be mindful if you're currently non resident as this may impact your tax filing status next year.
Thank you for your answer. This is my first year as a TN status holder so I have a lot to ask. lol
I am not planning to make any additional income in Canada. However, I am curious if I am working remotely in Canada for my US company and getting paid by them, is the income I receive during this period considered Canadian income (because I am physically in Canada)? I don't think I will make the 183 days rule and I am also planning to cut my tie in Canada to avoid filing tax for this current year. Thank you in advance.

J
 

nelsona

Registered Users (C)
#8
Working in Canada fpr your sponsor has no impact on your TN. You are still employed and can return to US at any time you are able.
 
#10
Working in Canada fpr your sponsor has no impact on your TN. You are still employed and can return to US at any time you are able.
Thank you nelsona. I guess if the officer asked me why I am away for two months, I can just tell him I am working remotely for my US employer and it won't cause any issues right? Thanks.
 
#12
Hello Everyone,

Is there any "work from home" restriction when on the TN visa and working from Canada for a US employer?

My lawyer says there is something called "tax implications", I can go to Canada on PTO but not "work from home"... Could someone please help me with this? Why not work from home?
 
#13
There are no immigration restrictions on the employee as TN status is only relevant when on US soil.

There are potential tax implications depending on one's situation, you can find more info on forums.serbinski.com.
 
#14
Hello,

For people who wants to work from Canada on TN, but does not have SSN, how would you solve that issue? The SSA officer said you need be in USA 14 days before you can set up appointment with them to meet at their office, would you be able to start work remotely with out SSN?

Thanks
 
#15
You will have to ask your HR department. I was able to start working and get paid before I received my SSN from the SSA office.
Others have reported they started their job but needed a SSN before there were paid.

Before COVID one was able to do a "walk in" in the SSA office, but I suspect now they want you to have an appointment.
 

SKRE

New Member
#17
The future company could allow me to start WFH in anywhere of USA but not in Canada. Basically, I just need to rent a place anywhere south of the board and work from there. Not sure why they wont allow me WFH in Canada.
 

nelsona

Registered Users (C)
#18
It is likely because, having never worked in their offices, you would be considered a foreign employee, and would subject them to setting up a Cdn payroll for you, which they do not want to get involved with. At least if you had started working in US, they could let you work in canada afterwards, as if they had sent you on foreign assignment.
 

SKRE

New Member
#19
G
It is likely because, having never worked in their offices, you would be considered a foreign employee, and would subject them to setting up a Cdn payroll for you, which they do not want to get involved with. At least if you had started working in US, they could let you work in canada afterwards, as if they had sent you on foreign assignment.
Good Points!
 
#20
The future company could allow me to start WFH in anywhere of USA but not in Canada. Basically, I just need to rent a place anywhere south of the board and work from there. Not sure why they wont allow me WFH in Canada.

Probably its a liability or compliance reason. If you screw something up they might not be able to come after you legally if you are in Canada and thus they want you physically present in US.
 
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