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Author Topic: Can I start a small business in BC and sponsor my workers?  (Read 467 times)
carston3
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« on: February 11, 2012, 12:44:40 am »

I'm a dual Canada/US citizen living and working in British Columbia. I have two friends who are US citizens and are here on work permits which are running out soon. They're applying for extensions and would like to stay in Canada, but have had trouble finding work.

Recently we have discussed starting a business together. It's something I would need both of these friends to run, as they're the only people I know who have experience in this specific craft.

If I were to start the business and be considered its owner, would I be able to sponsor them as my employees in order to stay here indefinitely? If so, how would I go about this and what would the fees be like?
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computergeek
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Posts: 278
Ratings: +3
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 06-03-2012
Med's Done....: 11-02-2012

« Reply #1 on: March 16, 2012, 09:53:58 pm »

You can sponsor them as employees.

You would need to obtain Labour Market Opinion letters (LMOs) unless they are in an exempt category (no need for an LMO) such as if the job falls into one of the NAFTA categories.  NAFTA makes it easy, so if the jobs and people qualify, it's the easiest way to do it.

They cannot own more than 50% (each) of the business (specifically, you cannot obtain a work permit to work for a company in which you own more than 50% of the company.)  They can even apply inland (since they are already here on work permits) or they can do it at a POE.

Indefinitely is of course more difficult - eventually CIC will ask them why they don't apply for PR.  But you can certainly do it for quite a while (and technically there is no limit to the amount of time allowed under the professional NAFTA categories, although there is a 7 year limit on the intra-company transferee category.)
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FSW filed 26 June 2009, rejected 22 December 2011.  Refiled family class, app received 6 March 2012.
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