Opening a business as a partner as an implied PR status

[Djwaters1985]

Hi,
Its been a while since I've been here as I got my PR in 2017 but I would like some advice regarding conducting business.
My best friend moved here a couple of years ago on the IEC and has since applied with the express entry program to apply for PR. She has been invited and working on her application.
Myself and her are working on a business idea and are wondering whether or not she can be named as a partner on our business registration as an implied PR so we can get the wheels moving.
She is not working because she is in limbo so the sooner we can get this done the better.
Thanks in advance for any advice you good folk will provide.
Cheers,
Aussie Dave

 

[Diane Matthie]

Hi,
Its been a while since I've been here as I got my PR in 2017 but I would like some advice regarding conducting business.
My best friend moved here a couple of years ago on the IEC and has since applied with the express entry program to apply for PR. She has been invited and working on her application.
Myself and her are working on a business idea and are wondering whether or not she can be named as a partner on our business registration as an implied PR so we can get the wheels moving.
She is not working because she is in limbo so the sooner we can get this done the better.
Thanks in advance for any advice you good folk will provide.
Cheers,
Aussie Dave

Did your friend applied for some kind of Visa to be on implied Status?

 

[Djwaters1985]

Did your friend applied for some kind of Visa to be on implied Status?

Almost, she an implied visitor as her application is in and she has been invited to apply for PR through the express entry program

 

[scylla]

Almost, she an implied visitor as her application is in and she has been invited to apply for PR through the express entry program

Did she submit an application to extend her visitor status in order to get implied status?

 

[Buletruck]

Just to add, there is no such thing as an implied PR. You either are or you are not.

 

[Pan Pacific Immigration]

If her present status is a visitor, it is ok to register as a partner of a company, but better check with local registration authorities for that. Another option is she can apply for work permit as an owner operator. a LMIA is usually required.

 

[Djwaters1985]

Did she submit an application to extend her visitor status in order to get implied status?

Yes, she had submitted a visitor extension prior to being invited to apply for PR

 

[scylla]

Yes, she had submitted a visitor extension prior to being invited to apply for PR

I would say that in that case she needs to be a bit careful since she only has visitor status in Canada.

You can register the business. But she can do no work towards that business (either paid or unpaid) until she is authorized to work. So anything to do with setting up the business is off limits. I'm not sure what you mean by "getting the wheels moving".

BTW - she is not an implied PR. She has implied status as a visitor in Canada only.

 

[Djwaters1985]

I would say that in that case she needs to be a bit careful since she only has visitor status in Canada.

You can register the business. But she can do no work towards that business (either paid or unpaid) until she is authorized to work. So anything to do with setting up the business is off limits. I'm not sure what you mean by "getting the wheels moving".

BTW - she is not an implied PR. She has implied status as a visitor in Canada only.

Oh thank you.
By 'get the wheels moving' I mean going forward with registering ourselves as a business and start operating.
Would you know if applying through a lawyer would actually fast track the process?
A good friend of ours is an immigration lawyer and could certainly help my friend as far as submitting the application goes.
I just don't want to bother her with too many questions as she is doing the work pro bono.
If we have to wait, we have to wait, I can trademark our name in the meantime as we are already creating hype for it and getting a lot of interest so don't want our name stolen.

 

[scylla]

Oh thank you.
By 'get the wheels moving' I mean going forward with registering ourselves as a business and start operating.
Would you know if applying through a lawyer would actually fast track the process?
A good friend of ours is an immigration lawyer and could certainly help my friend as far as submitting the application goes.
I just don't want to bother her with too many questions as she is doing the work pro bono.
If we have to wait, we have to wait, I can trademark our name in the meantime as we are already creating hype for it and getting a lot of interest so don't want our name stolen.

Your friend cannot be involved in the business operations in any way without holding a valid work permit. This cannot be done on a visitor visa. It will be classified as working illegally and a violation of visitor privileges. You need to be careful about how your friend is engaging right now in anything related to the business. For example, she should not be speaking to potential clients or pitching your future services or ideas to anyone. She really can't be involved in the business in any way right now (apart from perhaps her name appearing on some registration papers). Apart from that, she really cannot be doing anything right now.

Your most realistic option is to wait until the PR application is approved and your friend has landed and become a PR.

I don't think that securing a work permit is a realistic option since this would require an LMIA (many month process) and owner-operator LMIAs are no longer being accepted as of April 1. A lawyer cannot fast track the process. The same steps still apply.

 

[Djwaters1985]

Your friend cannot be involved in the business operations in any way without holding a valid work permit. This cannot be done on a visitor visa. It will be classified as working illegally and a violation of visitor privileges. You need to be careful about how your friend is engaging right now in anything related to the business. For example, she should not be speaking to potential clients or pitching your future services or ideas to anyone. She really can't be involved in the business in any way right now (apart from perhaps her name appearing on some registration papers). Apart from that, she really cannot be doing anything right now.

Your most realistic option is to wait until the PR application is approved and your friend has landed and become a PR.

I don't think that securing a work permit is a realistic option since this would require an LMIA (many month process) and owner-operator LMIAs are no longer being accepted as of April 1. A lawyer cannot fast track the process. The same steps still apply.

Excellent, good to know.
Thank you.
We will sit in our hands until she is a landed immigrant