# Definition of "working" in a foreign country

**URL:** <https://boards.straightdope.com/t/definition-of-working-in-a-foreign-country/982567>\
**Category:** Factual Questions\
**Created:** [April 12, 2023, 11:53am UTC](https://boards.straightdope.com/t/definition-of-working-in-a-foreign-country/982567 "2023-04-12T11:53:20Z")\
**Posts on this page:** 4\
**Page:** 3

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**Author:** ![Shalmanese](https://avatars.discourse-cdn.com/v4/letter/s/45deac/32.png) [@Shalmanese](https://boards.straightdope.com/u/Shalmanese)\
**Post date:** [April 16, 2023, 2:04am UTC](https://boards.straightdope.com/t/definition-of-working-in-a-foreign-country/982567/41 "2023-04-16T02:04:20Z")

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The laws say a certain thing on paper and there are edge cases that that occasionally get caught including a case from someone on this board who got rejected from the US for dogsitting on vacation but it’s one of these rules that is more honored in the breach.

The general rule of thumb is that anything that can plausibly be covered under a tourist visa, just get a tourist visa, be very nondescript at immigration and don’t worry about it.

Where the bulk of immigration enforcement attention gets focused is on foreigners working for a local _employer_ under the theory that you’re taking away jobs from locals. If you arrive in a country and start tending bar at a local joint and earning local currency from a local employer, you’re much more at risk from immigration enforcement.

I would say, as long as the money for what you’re doing never enters or leaves the country and whatever you need to get done can be done within the span of a tourist visa, the government almost always implicitly tolerates you modulo a few random enforcement actions to make it seems like they’re doing something.

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**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\
**Post date:** [April 16, 2023, 12:19pm UTC](https://boards.straightdope.com/t/definition-of-working-in-a-foreign-country/982567/42 "2023-04-16T12:19:53Z")

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> [@md-2000](#):
>
> In the mid 90’s, so I don’t recall the details. he was actually an Australian(?) living and working in the USA. Maybe that’s what mattered. He was coming to work on a computer system for a week or so, not just a meeting or convention.
> 
> He’d been there at our work before, so I presume that’s how the border people knew where he’d be.

Looking online, Canada allows Australians to come in Visa-free now and while I don’t know when that started, most countries were doing that by the mid 90s.

I set up an American branch office for a US company, and Japanese employees went over for training for a couple of months, Americans came over and set up our seveers and warehouse, etc. No one needed business visas for these things because short stays for business are allowed.

Why would they have know he was working and not on vacation?

> [@Northern\_Piper](#):
>
> Americans don’t need visas for temporary visits for personal reasons, but they do need them for work purposes, is my understanding.
> 
> And lying to immigration is one of the quickest ways to get booted.

That doesn’t seem to be the case according to [your government’s](https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/business/eligibility.html).

> [@](#):
>
> ## What is a business visitor
> 
> You’re a business visitor if you:
> 
> - come to take part in international business activities without being part of the Canadian labour market
> - are visiting Canada temporarily to
> - look for ways to grow your business
> - invest
> - advance your business relationships
> 
> Business visitors usually stay in Canada for a few days or a few weeks, but are able to stay for up to 6 months.

Obviously, someone was planning to work should confirm but according to that site, they don’t need a work visa.

Obviously, lying to immigration is a very bad idea.

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**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [April 16, 2023, 12:30pm UTC](https://boards.straightdope.com/t/definition-of-working-in-a-foreign-country/982567/43 "2023-04-16T12:30:40Z")

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> [@TokyoBayer](#):
>
> Obviously, someone was planning to work should confirm but according to that site, they don’t need a work visa.

That’s part of the reason for this thread - when is it “work” that requires a work visa. This is also on that same page :

> - you don’t plan to enter the Canadian labour market
> - your main place of business and source of income and profits is outside Canada

and further down

> Note: If you plan to stay for more than 6 months, or plan to work in Canada, you may be considered a temporary worker and have to [apply for a work permit](https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada.html).

(that’s _or_ not _and_)

The training the Japanese employees attended was probably allowed without a work visa, but setting up servers and a warehouse does not seem to be covered by this

> ### Types of activities
> 
> Activities you may conduct as a business visitor include:
> 
> - buying Canadian goods or services for a foreign business or government
> - taking orders for goods or services
> - going to meetings, conferences, conventions or trade fairs
> - giving after-sales service as part of a warranty or sales agreement
> - being trained by a Canadian parent company that you work for outside Canada
> - training employees of a Canadian branch of a foreign company
> - being trained by a Canadian company that has sold you equipment or services

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**Author:** ![Die\_Capacitrix](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/die_capacitrix/32/9_2.png) [@Die\_Capacitrix](https://boards.straightdope.com/u/Die_Capacitrix)\
**Post date:** [April 16, 2023, 1:23pm UTC](https://boards.straightdope.com/t/definition-of-working-in-a-foreign-country/982567/44 "2023-04-16T13:23:39Z")

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> [@Hari\_Seldon](#):
>
> He is a Canadian citizen, nothing illegal about his working here. But will he pay Canadian taxes?

As a non-resident American, as part of my tax return I have to tell the IRS how many days I was in the US and how many days of that was working. If my company wants me to work in the US, they can cover any extra costs related to me working there, as my place of employement is outside of the US.

Of mentioned, US citizens have tax requirements which are different than other citizens.

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