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partnership and immigration

bluemoon80

Newbie
Aug 9, 2016
2
0
Hi there,

I am bringing up another version of the same old question here.

A Non-Canadian opening a business in Canada.
I went through the Start-Up visa requirements, and that is clear. I went through the Self-Employed visa requirements, and despite reading somewhere that it is an option for foreign entrepreneurs, it seems to me that it is more specifically oriented to some sector of the economy (cultural activities, athletics, farms...?). Am I wrong?

Then I read on some blogs that "if you do not immigrate to Canada, and are not a Canadian citizen or a landed immigrant (have permanent resident status), you can still start a company in Canada by setting up a partnership with one or more Canadian citizens or landed immigrants".
Now my question is: does this mean that if you set a partnership with a Canadian you can just walk in and start your partnership business? I doubt it but I don't know how to otherwise interpret the statement above.

So, in the end I would like to understand what the immigration requirements are for a Non-Canadian who starts a business in Canada, in a Partnership with a Canadian, and intend to physically work for that business in Canada.

Thank you very much

Cheers
 

scylla

VIP Member
Jun 8, 2010
92,917
20,532
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - your assessment of the self employed program is accurate.

As for partnerships, yes - you can certainly set up a partnership with one or more Canadians. However setting up that partnership does not allow you to work for that business in Canada, move to Canada or immigrate to Canada.

If you are looking to immigrate to Canada, there's no partnership immigration stream. You would need to immigrate via one of the other economic streams like Federal Skilled Worker / Express Entry or one of the Provincial Nomination Programs.

If you are looking to work for your business in Canada, an approved LMIA and full time job offer would be required so that you can apply for a work permit. I don't believe it's possible to obtain an approved LMIA for a role in a company where you are part owner. (LMIAs are difficult to obtain in general.)
 

bluemoon80

Newbie
Aug 9, 2016
2
0
Thank you for your reply.

The main purpose here is to establish the business, not necessarily to immigrate. However, the nature of the business requires the non-canadian to be present and work for the business.
Bottom line, to work in Canada you need a work visa o PR status. It seems to me then, that the most reasonable way to do this is either through the Start Up Visa, or the BC Enterpreneur Program. Do you agree?
If this is the case (Start Up visa, or BC PNP), would there even be a significant advantage in creating a Partnership with a Canadian?

Thank you
 

scylla

VIP Member
Jun 8, 2010
92,917
20,532
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
bluemoon80 said:
Bottom line, to work in Canada you need a work visa o PR status. It seems to me then, that the most reasonable way to do this is either through the Start Up Visa, or the BC Enterpreneur Program. Do you agree?
If this is the case (Start Up visa, or BC PNP), would there even be a significant advantage in creating a Partnership with a Canadian?
Yes - I agree with your first statement.

For your second question - I'm not sure the start up visa is possible if you're going to be creating a partnership (although I'm not certain). I can't comment on the BC PNP program. I would try posting in the PNP section of the forum.
 

maishou

Member
May 1, 2015
10
0
Before you can apply for a Start-up Visa, you must have the support of a designated organization. If a designated organization decides to support your business, it will provide you with a Letter of Support.
For the BC-PNP, you have to meet their requirements, nothing to do with partner.