Digital Nomad Strategy

Overview

The Digital Nomad Strategy is a Canadian immigration initiative designed for individuals who have a remote job with a foreign employer and wish to reside in Canada temporarily. Launched as part of Canada's broader tech talent strategy, this program aims to attract skilled individuals to experience Canada's vibrant communities and potentially integrate into its workforce.

How it works

Under this strategy, eligible digital nomads can enter Canada with visitor status for up to six months. During this period, if they secure a job offer from a Canadian employer, they can then apply for a Canadian work permit without having to leave the country. The program leverages existing immigration pathways, primarily the visitor visa stream, and adds a facilitative measure for an in-Canada work permit application, making it easier for successful foreign remote workers to transition to becoming Canadian employees.

Who it's for

This program is ideal for professionals whose work is location-independent and who are employed by companies outside of Canada. It targets individuals who are considering Canada as a potential long-term home and wish to explore employment opportunities within the country while maintaining their current remote work. It's particularly appealing to those in tech and other sectors amenable to remote work, offering a pathway to explore Canadian life and employment prospects firsthand.

To be eligible for Canada's Digital Nomad Strategy, applicants must meet the following criteria:

• Genuine Offer of Employment (Foreign): Applicants must be currently employed by an employer located outside of Canada. This employment must be remote, meaning the work performed can be done from any location, including Canada.
• Sufficient Funds: While in Canada as a visitor, applicants must demonstrate they have sufficient funds to support themselves and any accompanying family members without working in the Canadian labour market during their initial six-month stay. The exact amount can vary based on the duration of stay and number of family members, but generally, applicants should be prepared to show proof of funds that will comfortably cover living expenses, accommodation, and travel.
• Intention to Depart: As initially entering as a visitor, applicants must satisfy an officer that they will leave Canada at the end of their authorized stay unless they successfully obtain a work permit. This is a standard requirement for all visitor visa applicants.
• Admissibility Requirements: Applicants must be admissible to Canada under the Immigration and Refugee Protection Act (IRPA). This includes passing security and medical checks and not having any serious criminal history or misrepresentation in prior immigration applications.
• No Intent to Work in Canada (Initial Entry): Upon initial entry as a digital nomad, the applicant's primary intent is to work remotely for their foreign employer. They should not intend to enter the Canadian labour market until they secure a Canadian job offer and apply for a work permit.
• Securing a Canadian Job Offer (for Work Permit): Should the digital nomad wish to extend their stay and work in Canada, they must receive a genuine job offer from a Canadian employer. This job offer will then form the basis of their in-Canada work permit application.

• Valid Passport: A passport valid for at least six months beyond your intended period of stay in Canada.
• Proof of Remote Employment: A letter from your foreign employer, employment contract, or recent pay stubs demonstrating ongoing remote employment with a company outside of Canada. This should clearly state your role, salary, and that your work can be performed remotely.
• Proof of Funds: Bank statements, investment statements, or a letter from an employer (if they are covering expenses) showing sufficient financial resources to support yourself and any family members during your initial six-month stay in Canada. Recommended minimum of CAD 2,500 per month of stay plus accommodation costs.
• Travel Itinerary: Details of your planned travel to and within Canada, including flight bookings and accommodation arrangements.
• Medical Exam (if applicable): Depending on your country of origin and planned activities in Canada, you may need to undergo a medical examination.
• Police Certificates (if applicable): For stays exceeding six months or if requested by an officer, police certificates from countries where you have lived for six months or more since the age of 18 may be required.
• Letter of Explanation: A letter outlining your intention to enter Canada as a digital nomad, your remote work arrangements, and your understanding of the program's conditions, including the potential to apply for a work permit after securing a Canadian job offer.

The application process for the Digital Nomad Strategy involves two main phases:

1. Phase 1: Entry as a Visitor

   1. Determine Eligibility: Ensure you meet the criteria for a digital nomad, particularly having remote employment with a foreign employer and sufficient funds.
   2. Gather Documents: Prepare all necessary documents for a visitor visa application, including proof of foreign employment, financial stability, and intent to leave Canada at the end of your authorized stay (unless a work permit is obtained).
   3. Apply for Visitor Visa/eTA: Submit an online application for a visitor visa or obtain an Electronic Travel Authorization (eTA), depending on your nationality. Clearly indicate your intention to enter Canada under the Digital Nomad Strategy in your application or at the port of entry.
   4. Biometrics: If required, provide your biometrics at a designated service point.
   5. Receive Approval and Travel to Canada: Once your visitor visa or eTA is approved, you can travel to Canada. At the port of entry, explain your status as a digital nomad to the Border Services Officer.

2. Phase 2: Transition to Work Permit (Optional)

   1. Seek Canadian Employment: While in Canada as a visitor, actively search for and secure a genuine job offer from a Canadian employer.
   2. Obtain LMIA (if required): Depending on the job offer and National Occupation Classification (NOC) code, your Canadian employer may need to obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC).
   3. Apply for a Work Permit: Once you have a job offer and any necessary LMIA, submit an in-Canada application for a work permit. This application will generally be an employer-specific work permit, tailored to your job offer.
   4. Await Decision: IRCC will process your work permit application. If approved, you will receive your work permit, allowing you to legally work for your Canadian employer.

Digital nomads coming to Canada can include their immediate family members (spouse/common-law partner and dependent children) in their visitor visa application. Each family member must also meet the general admissibility requirements for Canada.

If the digital nomad successfully transitions to a Canadian work permit, their spouse or common-law partner may be eligible to apply for an open work permit, and dependent children can apply for study permits to attend Canadian schools. Eligibility for these permits will depend on the duration and type of the principal applicant's work permit and other standard criteria.

Upon initial entry under the Digital Nomad Strategy, individuals hold visitor status. This means they are authorized to work remotely for their existing foreign employer but are not permitted to enter the Canadian labour market or work for a Canadian employer until they obtain a valid Canadian work permit. Any work performed for a Canadian entity or employer without a proper work permit would be considered unauthorized work and could lead to serious immigration consequences.

Once a Canadian work permit is secured, the individual's work rights will be determined by the conditions of that specific permit. This typically means they can only work for the employer and in the occupation specified on their work permit, unless they obtain an open work permit.

The Digital Nomad Strategy itself does not directly provide a pathway to permanent residency (PR). It serves as a facilitative measure for remote workers to explore Canada and potentially transition into the Canadian workforce. The pathway to PR would arise after a digital nomad successfully obtains a Canadian work permit based on a job offer from a Canadian employer.

Once working in Canada on a valid work permit, individuals can then explore various permanent residency programs, most notably:

• Express Entry: Candidates with Canadian work experience, language proficiency, and eligible education are often strong contenders for programs like the Canadian Experience Class (CEC) or Federal Skilled Worker Program (FSWP) under Express Entry.
• Provincial Nominee Programs (PNPs): Provinces and territories have their own immigration programs designed to address specific labour market needs. Digital nomads who gain Canadian work experience and integrate into a provincial economy may be eligible for a PNP.

Therefore, while not a direct PR program, the Digital Nomad Strategy can be a strategic first step towards gaining the Canadian work experience and connections necessary to qualify for existing PR pathways.

• Insufficient Funds: Failure to demonstrate adequate financial means to support oneself and accompanying family members during the initial visitor stay.
• Lack of Genuine Intent to Depart: The officer is not convinced that the applicant will leave Canada at the end of their authorized stay as a visitor, or that their primary intent is not genuinely remote work.
• Misrepresentation: Providing false information or concealing material facts in the application or during an interview.
• Inadmissibility: Previous criminal record, serious medical condition, or prior immigration violations (e.g., overstaying a previous visa).
• Unclear Remote Work Arrangement: Insufficient proof of ongoing, legitimate remote employment with a foreign company.
• Failure to Meet Work Permit Criteria: If applying for an in-Canada work permit, failure to meet the specific requirements of the work permit stream (e.g., incomplete LMIA, job offer not genuine, or applicant not qualified for the position).