German Citizen with CTO Role (and Co-Founder) in Canadian Company

[milucom]

Hello everyone,

I was trying to find some proper information on this topic but unfortunately I haven't been able to find something useful yet and before I contact an immigration lawyer/consultant I thought it might be a good idea to get in touch with you.

About my situation:
I am 29 years and living in Germany with German citizenship. Some time last year I became part (co-founder) of a canadian start-up based in Toronto, ON. I am actively executing the role as CTO for at least 30 hours a week plus my regular self-employment in Germany within the IT sector. On top of that I do have equity in said company (no majority). Unfortunately the time difference and being off-premise starts to make things hard for the company. There is an urgent need for me to actually be with the team (we're currently preparing for a round of investments which needs lots of work, besides the business-as-usual work I have as a CTO to let the business continue).

Do you know any way to obtain a work permit (temporary or permanent, temporary should be at least 12 months though then) without having the need to go through the LMIA process?
The LMIA process would not be quite right for us anyways as the role and position I have in the team cannot be taken on by someone else.

Any advice is greatly appreciated.

BR
milucom

 

[XpressEnterprise]

I saw same post on roadtocanada 5 days earlier.

Anyways, under federal capacity, I think the only way to go about it is to come to Canada as a business immigrant. Since old investor and entrepreneur visa categories are terminated, new options to look into are Start-up visa entrepreneurs and Self-employed persons.

The other option is through investment, but that would require loads of investment (around CAD$2 million of investment + net worth of at least CAD$10 million .... / ..... If your net worth exceeds CAD$50 million, you may request CIC to waive educational requirements)

In terms of PNP, you can look into Corporate Stream or Entrepreneur Stream and go through their eligibility requirements to make a self-assessment. (This chart may explain in a better way)


LMIA isn't possible if you are partial owner of the company.

 

[milucom]

Thanks a lot XpressEnterprise. This helps a lot!

It was me who posted that same text on roadtocanada. But I just realized that no one is actually active in there (at least not where I posted) so I thought it might be a better option to come here.

Just some additional questions:

- If I read the Self-Employed visa correctly, this only applies for athletes, workers in cultural activities or farmers. I am in IT so I assume I am absolutely ineligible for this, correct? Would be bad (though I am sure it is like this) as I would pass the rest of the requirements easily.

- PNP is something I (or we) would not be able to do as we are working on limited funds right now (though we have some traction and are about to sign a deal with a well known VC - unfortunately not on the designated organisations valid for Start-Up visas).

- Start-Up visa will require a designated organization to support us in this matter. This may be possible once we signed the deal with the big VC as I am sure more will get interested in this once it has been made public. However, does the Start-Up visa still apply for already existing canadian start-ups (all current shareholders, except me, are canadian).

If we are totally in doubt, I may be able to drop my shares (though these are less than 10% and have been given to me as part of a remuneration package, not through investment) and go the LMIA route. Any thoughts on that? Does it make a difference that these are part of a remuneration package or am I absolutely ineligible if I hold shares? Wasn't able to find any information on this.

Thank you for your help and dedicating your valuable time so far!

BR
milucom

 

[scylla]

- Correct. You don't qualify under self-employed.
- Yes, the Start Up route requires a designated organization to support you. Also, I don't believe you can use an existing business for the Start Up immigration route. It must be a business that is just in concept phase.

If there is an immediate need for you to be in Canada - an LMIA is your only option.

 

[ducnx]

You can get LMIA with " Variations to minimum advertising requirements" in two posibilities:

- Digital Media Occupations
- Owners/Operators

Because I can not post link, just google " Variations to minimum advertising requirements" you can find the information in government website ESDC.
Good luck!