Upwork location/visa question

[ilyana]

Hello,

I'm a US citizen currently living in Canada. I'm between work permits, but I know I am legally allowed to take freelance work that doesn't come from Canada. My question is--does Upwork count as a company that is paying from the US? Or is it determined by the location of the client?

Thanks.

[martina_plaschka]

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Ilya M wrote:

Hello,

I'm a US citizen currently living in Canada. I'm between work permits, but I know I am legally allowed to take freelance work that doesn't come from Canada. My question is--does Upwork count as a company that is paying from the US? Or is it determined by the location of the client?

Thanks.

---

A work permit is about working IN a specific country. So no matter where your client is, you are physically in a specific country where you perform the work, your income is taxable there, etc., so I am a bit doubtful that you are allowed to work for clients outside of Canada of you don't have a Canada work permit. Please make sure to check that with a proper authority (not anybody on upwork, including me) before you run into any trouble. 

[ilyana]

Thank you, like I say--according to my lawyer I can take remote work as long as i'm not being paid by canadian clients or companies. Which is why the question is where upwork is based and whether I'm being paid by them or by the clients for tax purposes--and that is an upwork question.

[prestonhunter]

re: "My question is--does Upwork count as a company that is paying from the US? Or is it determined by the location of the client?"

Ilya:

Freelancers who are hired through Upwork do not work for Upwork. They work for clients.

Nobody here knows what paperwork you have and what rules apply to you. So we can't confirm whether or not you are correct in your assumption that you are "legally allowed to take freelance work that doesn't come from Canada."

If you want authoritative information about work status, you would need to contact local government authorities and experts.

[ilyana]

Hi -- that doesn't really answer my question. I have talked to an expert
who says I can take any freelance work where I'm being paid from a
non-canada based company/client. What I need to confirm is where Upwork is
based legally, and whether for tax purposes I'm being paid by upwork or by
the clients.

[AveryO · Accepted solution]

Hi Ilya, 

I would like to clarify that as per Upwork User Agreement, Section 2.1 Relationship with Upwork states that Upwork is marketplace where client and freelancers can collaborate online. "Upwork merely makes the Site and Site Services available to enable Freelancers and Clients to find and transact directly with each other."

On Section 6.1.1. Payment Agreements and Escrow Instructions, the User Agreement clarifies that Upwork Escrow acts merely as an Internet escrow agent. As such, this means that Upwork does not pay you directly, and it's the clients who pay you for your services. 

Upwork is a company located and registered in the United States.

[ilyana]

Thank you so much for clarifying, that's what I was trying to figure out for sure.

[petra_r]

Ask Immigration. In writing.