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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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I plan on becoming a partner in a Canadian company. How much

Customer Question

Hello, I plan on becoming a partner in a Canadian company. How much of the company do I have to own in order to be able to apply for a LMIA and after for a work permit? Where do I find the document which needs to be filled out by the main shareholder?
I also heard if I own more than 50% I could apply for a LMIA myself and later will be able to apply for PR.
What is true? Can you help?
Thank you,
Ines
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

Is not quite true.

Who owns the corporation has no relevance.

For you to be able to get a temporary work permit for Canada you need to have an employer apply for the LMIA. And it has no relevance whether you have any shareholdings in that company or not.

Owning the company is not going to get you permanent residency status either. You'd have to apply through the normal routes.

Let me know if you need any further clarification.

Customer: replied 10 months ago.
Hello and yes, this needs further clarification. Thank you so much for your quick response.Let me paste some of the information I found on the internet below. There are contradictable information out there and I hoped to get clarity from you. Please feel free to pass on my question...1) The Owner – Operator : A New Way of Doing Business
http://bcimmigrationnewsletter.com/the-owner-operator-a-new-way-of-doing-business/
(here he states I have to own 51%)2) Option A is not available: the new Canadian business immigration program that nobody is talking about
http://nsimmigration.ca/2015/06/option-a-is-not-available-the-new-canadian-business-immigration-program-that-nobody-is-talking-about/
(here she states that you even can become a permanent resident in 6 months)3) Before You Try to Get an LMIA—What You Need to Know
http://www.irishcanadianimmigrationcentre.org/wp-content/uploads/2015/06/What-is-an-LMIAN.pdf
(here they state at the owner/operator LMIA's section that I must be a minority shareholder in order to apply)What do I want? I want to get a permanent work permit though being an owner/operator. I will be actively involved with the business process and the day-to-day operations. I will positively impact the labour market by hiring local residents and will bring value to the culture. I want to know from you, what portion of the company do I have to own in order to apply for an LMIA myself and to become a resident after? Can I only do so by owning more than 50% or just by owning exact 50% of the company? If so, where can I apply? By any chance could you kindly copy me the link to that form?Thank you so much,
Ines
Expert:  Legal Ease replied 10 months ago.

This all seems to be very new. I tried to confirm which information was correct and could not find a thing on the CIC website which is very odd.

I am sorry. I just don't know anything more about this.

I suggest as your next step you consult over the telephone with an experienced immigration lawyer practicing in the province you are interested in.

I assume that is Alberta so what you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

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