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Starting a business with non-Canadian residents as partners...

Starting a business with non-Canadian residents as partners...

Old Mar 29th 2013, 7:49 am
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Default Starting a business with non-Canadian residents as partners...

So once my COPR arrives my partner and I are thinking of starting a business. I have a couple of questions that seem well suited for this forum because of visa issues.

We want to involve 2 of our friends from the UK who do not have a permanent Canadian visa. One is here on the IEC and the other currently just visiting on a tourist visa. Since we hope to involve them in the running of the business (and this would involve them putting in their own capital) could we apply for firstly a TWP for them both, with the company sponsoring them, before looking to apply for PR for them? Or is this not possible (or even is there a better programme out there for these circumstances)?
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Old Mar 29th 2013, 10:36 am
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Default Re: Starting a business with non-Canadian residents as partners...

Originally Posted by michty6
So once my COPR arrives my partner and I are thinking of starting a business. I have a couple of questions that seem well suited for this forum because of visa issues.

We want to involve 2 of our friends from the UK who do not have a permanent Canadian visa. One is here on the IEC and the other currently just visiting on a tourist visa. Since we hope to involve them in the running of the business (and this would involve them putting in their own capital) could we apply for firstly a TWP for them both, with the company sponsoring them, before looking to apply for PR for them? Or is this not possible (or even is there a better programme out there for these circumstances)?
Anyone can invest in a business,without PR or being Canadian, but it must be arms length, they cannot work in the business (not even voluntary). They cannot be involved in running the business when in Canada, this is working. The one on IEC could work until the permit runs out.

The chances of getting a TWP for them are remote, marginally above zero when HRSDC find out they are investors in the business. You would have to try and hire Canadians and PRs first and demonstrate why you cannot find them if you apply for a LMO.
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Old Mar 29th 2013, 10:58 am
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Default Re: Starting a business with non-Canadian residents as partners...

Thanks for the response. So there is basically no way for a non-Canadian who isnt a PR to start and work in a business in Canada that they co-own?
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Old Mar 29th 2013, 3:57 pm
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Default Re: Starting a business with non-Canadian residents as partners...

Originally Posted by michty6
Thanks for the response. So there is basically no way for a non-Canadian who isnt a PR to start and work in a business in Canada that they co-own?
They can start a business as an investor, at arms length. Cannot work in it or for it from within Canada without a WP, PR or being Canadian.
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Old Mar 29th 2013, 4:16 pm
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Default Re: Starting a business with non-Canadian residents as partners...

Cool so if we started a business and they were not involved as owners or any capital investment but we looked to employ them - lets say for example we started a Scottish bar so we could base an LMO on bringing in Scottish people for this - you think that would be acceptable? Thanks for your help btw I appreciate it.
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Old Mar 29th 2013, 6:59 pm
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Default Re: Starting a business with non-Canadian residents as partners...

Originally Posted by michty6
Cool so if we started a business and they were not involved as owners or any capital investment but we looked to employ them - lets say for example we started a Scottish bar so we could base an LMO on bringing in Scottish people for this - you think that would be acceptable? Thanks for your help btw I appreciate it.
You don't think you could find Canadian bar help in Canada?
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Old Mar 30th 2013, 4:23 am
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Default Re: Starting a business with non-Canadian residents as partners...

Yeh I guess we could. We will almost certainly have Canadian employees. But if it is a Scottish bar with Scottish themed dishes we would need some Scottish expertise on making these
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Old Mar 30th 2013, 6:06 am
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Default Re: Starting a business with non-Canadian residents as partners...

Originally Posted by michty6
Yeh I guess we could. We will almost certainly have Canadian employees. But if it is a Scottish bar with Scottish themed dishes we would need some Scottish expertise on making these
Employment standards, human rights, charter of rights, take your pick. This is even before you even try for a LMO. There are plenty of Scot expats here already, even then you still could not discriminate based on nationality or culture.

They can invest but not work. Chances of getting a positive LMO I would say are slim to none.

They can advise from Scotland no problem. Maybe advise sitting on the other side of the bar. You could hire employees on IEC as it is an open work permit, but trying to prove you cannot get bar staff is going to be a challenge.

In my view, this is a non starter. Take their cash, earn them a bundle in return and stay friends.
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Old Mar 30th 2013, 7:14 am
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Default Re: Starting a business with non-Canadian residents as partners...

Originally Posted by Aviator
Maybe advise sitting on the other side of the bar. .
Thanks for the advice, particularly liked this part as it's true

I was hoping there would be some way to be able to get them a Canadian visa of some sort but your advice is in line with what my thoughts were too, so I guess we will look into going down this route. Thanks again.
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