What are my options?

[SeanDame]

Hi, Posted this in skilled workers, but i think it is better here..

I had a work permit as a food counter attendant, and i applied for PNP.
A few days before i applied for PNP, i had a good opportunity to buy a business here and i bought it.

My PNP officer found out i was an owner of a business (because i had 2 employees who were applying for PNP as well) and denied my nomination..
Saying that i own more than 10 percent of a business or some stupid reason like that...
(Although i was still working for the old place that has nominated me.. i was just the owner of the other business.. not working there..)

My question is...
what are my options to get a PR?
I had bought the business for $130,000 and i have a contract to show for it.. and the business makes around $45,000 in revenue each month..
Also i have 9 Canadian Employees now..

Right now i am under implied status because my PNP was refused and my request to extend work permit was not processed yet..
I am expecting to get the refusal of the work permit soon as well.. and then i will be without status...

what do i need to do?
What is my best option??

Feeling confused..

 

[NetMecca]

Hi

Unfortunately you are in somewhat of a rather serious predicament, with no simple solutions.

1) Under Canadian Law, no person that is not a citizen (or have PR status) may own 100% of a Canadian business. As a work permit hold you have no options here unfortunately. (I am admittedly surprised that the lawyer who handled your purchase transaction (assuming you had one) did not address this issue.)
My suggestions are that right now you should 1st protect your finances, by setting yourself up as a foreign investor in a Canadian business. Make sure the business is incorporated according to minimum requirements, and get a Canadian Partner, who would likely need to own at least 25%.

This should solve your ownership problem as a non Canadian (or PR) Notably this does not permit you to work in Canada, but should at least protect your financial investment to some degree.

2) Unless you are able to apply under the business or investor class for PR status, you have no options for getting PR status owning even part of a business in Canada. This will not offer you immigration benefit.

3) if your work permit is revoked, the only option to come back is to reapply following the usual channels and programs. (assuming you are permitted to come back at all). The problem as I see it is that you are currently working (selfemployed) in Canada illegally. This may have some serious future immigration implications.

Under the circumstances I would suggest that as far as your future immigration is concerned your best option is to get the best immigration lawyer you can afford, and ask them to plead your case. Admit your mistake, and ask for a second opportunity.

Seems to me you have some troubles ahead.

Good luck

 

[Matthew Iwama]

Apply for a Labour Market Opinion as an Owner/Operator. Will be fairly easy to get.

Also, you could try to apply for a work permit under R 205 (a) exemption - Significant Benefit

 

[NetMecca]

Apply for a Labour Market Opinion as an Owner/Operator. Will be fairly easy to get.

Also, you could try to apply for a work permit under R 205 (a) exemption - Significant Benefit

This is interesting. I found something about this here :
http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/variations.shtml

Could not find anything under the R205 a exemption.

I would suggest that you get legal advice on this irrespective, as your situation has already escalated to the point it has. I expect you will require some fancy footwork to make this work.

Good luck

 

[Lubs64]

Apply for a Labour Market Opinion as an Owner/Operator. Will be fairly easy to get.





I am no expert, but what I have learnt about "LMO's" is that they are not so easy to get. You should take NetMecca's advice and seek legal advice immediately.

 

[Matthew Iwama]

Well, you have legal advice right here.

Owner/Operator LMO's are easy to get.

NetMecca, it seems that you are an amateur, parading as a professional. If you don't know about 205(a) exemptions, you have a lot to read up on.

 

[NetMecca]

You are correct Matthew, I am neither an immigration consultant nor a lawyer. I do not profess to be one. I am a successful immigrant however.

Clearly you are someone with knowledge and experience that could assist Seandame, and so my suggestion is that he get in touch with you, or perhaps someone that are qualified to properly assist, as this is outside the scope of my experience.

I also believe that it is important that he discuss this with a professional in some detail as there may be details that we are not privy to in this forum.

As mentioned in my previous comments, I do believe it is interesting information that should be shared and may be worth acting on.

Irrespective I would suggest that he protect his investments properly as soon as possible. The potential financial implication of this could be significant.

Good Luck Seandame, I hope you come right.

 

[NetMecca]

Hi

Still not sure if the R205 will work, but worth a discuss with an expert. I found some info on it though here.

http://www.taglaw.com/index.php?option=com_content&id=1834verview-of-canadian-work-permits&Itemid=100060

Good luck

 

[Matthew Iwama]

NetMecca, did you know that you are in violation of Bill C-35 by selling an immigration advice book without being authorized?

 

[Lubs64]

Well, you have legal advice right here.

Owner/Operator LMO's are easy to get.

NetMecca, it seems that you are an amateur, parading as a professional. If you don't know about 205(a) exemptions, you have a lot to read up on.

NetMecca, did you know that you are in violation of Bill C-35 by selling an immigration advice book without being authorized?

Matthew Iwama, I think you are being a bit aggressive, NetMecca has not claimed that he is a professional immigration consultant or a lawyer. He is also not selling anything. He is giving his opinion, through his experience.
This is a forum for individuals to share information, advice each other and help each other. Not to score points against each other or prove I no more than you.
Please bear that in mind.

 

[Matthew Iwama]

There are only two options:

1) Owner/Operator LMO (This will be easy to get)

2) 205(a) Exemption work permit. (First apply to the TFWU in Toronto for pre-approval then take that pre-approval and apply for the work permit to CPC-V). These are not so easy to get but are possible if you can clearly articulate your position to the TFWU. As a guide, your request should be at least 10 pages.