Victoria34

I know this may sound completely crazy but today Ive given some thought to setting up my business in Canada. If I were able to do this I wouldn't take the job offer I have (they haven't started the paperwork yet). I would rather continue working for myself than someone else !

I've been reading up on intra company transfers and do understand them apart from whether you can set up one of these for a small UK company with just me as Company Director. Financially it does well. I've had the business for 12 years and it's a Ltd company .

Not entirely sure if it makes any difference but it's in the arts (Showbiz) world.

I've seen plenty of info on multi national companies but not anything that suits my situation.

If this is doable, where do I apply !

Just curious at this stage but it would take preference . If not it's back to the job offer !

Former Lancastrian

Requirements for the company

Generally, the company must secure physical premises to house the Canadian operation, particularly in the case of specialized knowledge. However, in specific cases involving senior managers or executives, it would be acceptable that the address of the new start-up not yet be secured; for example, the company may use its counsel’s address until the executive can purchase or lease a premise.
The company must furnish realistic plans to staff the new operation.
The company must have the financial ability to commence business in Canada and compensate employees.

So how many Canadian employees are you going to hire?

More info can be found here on Intra Co Transferees
International Mobility Program: Canadian interests – Significant benefit – Intra-company transferees [R205(a)] (exemption code C12)

Click on the links within the above page to find out more.

Victoria34

Thanks FL! Very informative info as always.

I'm not actually sure how many employees need to be hired for a small business . I was reading up on this yesterday with no joy. Do they give you time to expand the company before you need to start employing? I've no objection in doing that as the key word is growth but it wouldn't happen over night as one has to get established.

It's just a thought at the moment. I have also been offered another job over night (nice email to wake up too) so I'm overly lucky to have options but my ultimate plan whether it be before moving or after two years of working for another company in the same business is to set up on my own.

Is there a minimum turnover ? Whilst I do well, I couldn't compete with Microsoft!

Shirtback

This link (from the one FL gave you) might shed more light:
International Mobility Program: Canadian interests – Significant benefit – Intra-company transferees – Qualifying relationship between the Canadian and foreign employer [R205(a)] (exemption code C12)

If you are the owner/sole operator of the company in question, you might find it difficult to meet ICT requirements.

Victoria34

Thanks so much. I'm going to look into this a bit more and see whether it is viable. I'm guessing that I may have to get a lawyer in this instance to assist.

What visa do you actually go out on ? Is it a TWP?

christmasoompa

Yes, it would be a TWP. But TBH, for your situation I wouldn't recommend it.

It's LMIA exempt, so you'd have even less points for an EE app than if you went on a 'normal' TWP, and as Shirtback has said you'd struggle to get it as a one man (woman!) band. Would you keep the UK branch of the company going, with somebody else to manage it?

You could also search for posts by RICH who got a TWP for a new business (not company transfer). That's worth a look although again you'd have to hire staff, and no points for a LMIA anyway, so perhaps not ideal if your goal is to get PR ASAP.

Former Lancastrian

In cases like yours definitely a lawyer is advisable as opposed to say Microsoft USA transferring a senior manager to Microsoft Canada for example.

It would be a temporary work permit which is LMIA exempt.

Start up company ICT are normally only given a 1 year work permit on arrival

Duration of work permits

Initial work permit: one year
For renewals, evidence should be provided that
the Canadian and foreign companies still have a qualifying relationship;
the new office has engaged in the continuous provision of goods or services for the past year;
the new office has been staffed.

International Mobility Program: Canadian interests – Significant benefit – Intra-company transferees – General requirements [R205(a)] (exemption code C12)

Victoria34

Ahh right, that wouldn't work just going on the EE points. I assume once you get PR (in our case looks like the CEC route as pointed out to me a while ago) you are entitled to set up your own company ? The fact that it's only one year initially would also cause great concern for the kids stability . Thanks so much to both of you

Shirtback

Yes (re bolded).

Might I respectfully suggest that you seem to be a bit scattered in your research/reading/questions/planning?

Victoria34

Of course . There is an awful lot to take in however, and in my case, in an extremely short space of time ! It's quite hard to gather all the information to move a family of 5 (which you are doing solely) when you are still running a business, being a mum and all the other day to day activities that happen in general life !

Engineer_abroad

Not necessary true with the recent changes to the system

A valid job offer has to be:
•made by one employer
•for continuous, paid, full-time work (at least 30 hours a week),
•for work that is: ◦for at least one year after we issue your permanent resident visa
◦not seasonal
◦not on a contract basis, and

•in a job that is Skill Type 0, or Skill Levels A or B of the 2011 National Occupational Classification (NOC)

and

c.you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:
•are currently working for an employer specified on the work permit
•have one year of full-time work experience (or an equal amount of part-time work) for that employer and
•have a valid job offer from that employer for at least one year after we issue your permanent resident visa.

BristolUK

OMG! It's Posh and David.

Victoria34

NO NO NO NO NO

Don 't get me started on how I feel about people like that in the industry !!

Engineer_abroad

The whitecaps could do with some talent

Shirtback

Yes. Quite. Some of us have done this (or similar) too & are not unsympathetic.