Can an International Student Set Up his Corporation in Canada?

[Zeitoon]

Hi folks,

I'm an international student in Canada, doing my Ph.D. I have my student work permit which allows me to work up to 20 hours a week, but I would like to have my own business. The question is whether an international student, while studying his university degree, can set up his corporation in Canada?

 

[XpressEnterprise]

A Simple answer is NO, however you may need to add canadian residents (i.e. citizens or permanent residents) in your business plan (and not just yourself).

As an International Student, you are only permitted to carry your studies as a primary objective and work for 20 hours a week as a secondary objective. However, I believe you have to meet the following eligibility criteria as per R186(f), (v) or (w).

Secondly, as per the Canada Business Corporations Act, 25% of the directors must be "resident Canadian". (as per the definition in the Immigration Act) for example, if there are four directors, at least one must be resident Canadian. if there are 5 directors, 2 must be resident Canadian. However, you can be a shareholder of a company and have a resident canadian as a director of a company.

As a non-canadian resident, and even if you have not landed in Canada, you can still start a company in Canada by setting up a partnership or a corporation with one or more Canadian citizens or landed immigrants. 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.

My advice is to go through Doing Business in Canada - GST/HST Information for Non-Residents

 

[Zeitoon]

Thank you a lot!

 

[elluck20]

I believe Nova Scotia just created a new way for Students/new commers to start their business and become Permanent Residents... I don't know how it works, so, you'll have to do some research. But, everyone is talking about that here in Halifax...

Search on google: nova-scotia-launches-new-business-immigration-streams

I hope it helps

 

[Zeitoon]

Thank you very much for sharing your information.
Sincerely,
Zeitoon

 

[Sonata95]

A Simple answer is NO, however you may need to add canadian residents (i.e. citizens or permanent residents) in your business plan (and not just yourself).

As an International Student, you are only permitted to carry your studies as a primary objective and work for 20 hours a week as a secondary objective. However, I believe you have to meet the following eligibility criteria as per R186(f), (v) or (w).

Secondly, as per the Canada Business Corporations Act, 25% of the directors must be "resident Canadian". (as per the definition in the Immigration Act) for example, if there are four directors, at least one must be resident Canadian. if there are 5 directors, 2 must be resident Canadian. However, you can be a shareholder of a company and have a resident canadian as a director of a company.

As a non-canadian resident, and even if you have not landed in Canada, you can still start a company in Canada by setting up a partnership or a corporation with one or more Canadian citizens or landed immigrants. 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.

My advice is to go through Doing Business in Canada - GST/HST Information for Non-Residents

Hi XpressEnterprise,

My sister having a facial & nail business I already had visitor visa. If I become their partnership/ shareholder her company. Is it any route to my family becoming PR?


thank you for your help!

 

[Lammawitch]

Hi XpressEnterprise,

My sister having a facial & nail business I already had visitor visa. If I become their partnership/ shareholder her company. Is it any route to my family becoming PR?


thank you for your help!

Highly Unlikely to downright impossible: but not enough info to give you a detailed answer

 

[Sonata95]

Highly Unlikely to downright impossible: but not enough info to give you a detailed answer

Hi Lammawitch,

Can you tell me what more info do you need so that you can have a answer to me?

Tks & best regards, Thang

 

[XpressEnterprise]

Hi Lammawitch,

Can you tell me what more info do you need so that you can have a answer to me?

Tks & best regards, Thang

Do not confuse work sponsorship with family sponsorship. Her business has nothing to do with your visitor visa status. Moreover, if a citizen or PR holder had sponsored someone in past and failed to meet terms of sponsorship agreement, then your sister is also unable to sponsor anyone. There are set income guidelines which a sponsor must meet. Discuss your issue in Family Sponsorship immigration section.

What Lammawitch is simply telling you that without knowing detailed information about your sister's immigration history & status ... and yours.... you'll only be getting a general response... and not specifically for your case.