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-   -   NON Canadian starting business with Canadian (https://britishexpats.com/forum/canada-56/non-canadian-starting-business-canadian-777424/)

APO888 Nov 12th 2012 6:49 pm

NON Canadian starting business with Canadian
 
Hi

I was looking for more advice and information or if anyone has already started a business with a Canadian. I see from some information that you can start a business in Canada if you partner with a Canadian, or give more than 25% of the company to a Canadian.

this is what i found but am struggling to find more on it.

Obviously, as a non-Canadian, if you are setting up a partnership with one other person, that other person would have to be a Canadian citizen or landed immigrant.

For corporations, as per the Canada Business Corporations Act,

"At least 25 per cent of the directors must be resident Canadians (if 25% of the directors is not a whole number round up to the nearest whole number). Where a corporation has less than four directors, at least one must be a resident Canadian (S. 118(3))"



Now how does this effect my visa status? does it mean i can actually work for the company and stay in canada for a certain time? Can the business partner be my common law partner?

I don't want to do anything wrong and upset my application for residence so advice welcome. thanking you in advance.

JonboyE Nov 12th 2012 7:39 pm

Re: NON Canadian starting business with Canadian
 

Originally Posted by APO888 (Post 10378808)
Hi

I was looking for more advice and information or if anyone has already started a business with a Canadian. I see from some information that you can start a business in Canada if you partner with a Canadian, or give more than 25% of the company to a Canadian.

this is what i found but am struggling to find more on it.

Obviously, as a non-Canadian, if you are setting up a partnership with one other person, that other person would have to be a Canadian citizen or landed immigrant.

For corporations, as per the Canada Business Corporations Act,

"At least 25 per cent of the directors must be resident Canadians (if 25% of the directors is not a whole number round up to the nearest whole number). Where a corporation has less than four directors, at least one must be a resident Canadian (S. 118(3))"



Now how does this effect my visa status? does it mean i can actually work for the company and stay in canada for a certain time? Can the business partner be my common law partner?

I don't want to do anything wrong and upset my application for residence so advice welcome. thanking you in advance.

Firstly, you are looking at the Canada Business Corporations Act. Whereabouts are you intending to live? You can also incrorporate in the province wher the business is located. Each province has its own rules. In BC, for example, there is no requirement for canadian resident directors - just a registered office in the province.

I don't see why your business partner cannot also be your common-law partner.

Being an owner or director of a Canadian business/corporation does not directly affect your visa status. You still need a work permit to work here. However, if you can demonstrate how the business will benefit Canada / hire Canadians, it may help in getting a temporary work permit or Provincial Nomination.


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