Should I take this lawyers advice?

[britcouple]

My partner and I are both British currently on a 6 month tourist visa in Canada. We love it here and would like to start a non-profit/social enterprise which we have been planning for some time, once our 6 months is over.

At first, the closest answer to our visa problem I found was the Canadian start up visa but this requires Canadian investors and, as 100% of the business profits will be given to charities (both in Canada and abroad) this doesn't apply to us. We would like to use our own money to start the project, otherwise investors will be seeking a profit which we would not be able to give.

After emailing a few immigration lawyers, one said that there are 2 possible ways of resolving the problem:

1) LMO (labour market opinion?)
2) Reg 205 work permit

After some research I can't seem to find much information on either in terms of the situation I am in. Can anyone tell me whether this is a viable lead to pursue? I don't want to pay this lawyer hundreds of dollars just to create false hope.

Any advice would be much appreciated. Thanks

 

[scylla]

The LMO doesn't apply to your situation. You can't apply for an LMO yourself or for a company that hasn't been started yet. An LMO can only be obtained by your employer. So you would have to find an employer who already has an established business and who has advertised the job and been unable to find a Canadian to hire for the role (this is a requirement for the LMO). That employer would then have to obtain approval for the LMO - only then you could receive a closed work permit tied to that specific employer. The closed work permit would only allow you to work for that specific employer and that specific job - starting your own non-profit would be prohibited. So I think the LMO is a complete non-starter.

I don't know what the reg 205 work permit is.

 

[PMM]

Hi

The LMO doesn't apply to your situation. You can't apply for an LMO yourself or for a company that hasn't been started yet. An LMO can only be obtained by your employer. So you would have to find an employer who already has an established business and who has advertised the job and been unable to find a Canadian to hire for the role (this is a requirement for the LMO). That employer would then have to obtain approval for the LMO - only then you could receive a closed work permit tied to that specific employer. The closed work permit would only allow you to work for that specific employer and that specific job - starting your own non-profit would be prohibited. So I think the LMO is a complete non-starter.

I don't know what the reg 205 work permit is.

Canadian interests

205. A work permit may be issued under section 200 to a foreign national who intends to perform work that

(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;

(b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;

(c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,

(i) the work is related to a research, educational or training program, or

(ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy; or

(d) is of a religious or charitable nature.

 

[britcouple]

Thanks for the replies! I had read something about the 205 work permit being applicable to people intending to work in a religious or charitable nature. Do you know whether this applies to people wanting to start their own project or whether we would still need to be employed by a Canadian company? Or is there anywhere I can go to for more information?

Thanks

 

[PMM]

Hi

Thanks for the replies! I had read something about the 205 work permit being applicable to people intending to work in a religious or charitable nature. Do you know whether this applies to people wanting to start their own project or whether we would still need to be employed by a Canadian company? Or is there anywhere I can go to for more information?

Thanks

No, it wouldn't it has to be an established charity in Canada.

 

[britcouple]

Hi


No, it wouldn't it has to be an established charity in Canada.

Do you know what would be considered an established charity? Would it be plausible for example, if we were to start the charity with a few Canadian citizens on the board of directors and then start doing charitable work within that charity a few months later? Or are we talking years? Thanks.

 

[PMM]

Hi

Do you know what would be considered an established charity? Would it be plausible for example, if we were to start the charity with a few Canadian citizens on the board of directors and then start doing charitable work within that charity a few months later? Or are we talking years? Thanks.

Charities are complicated business in Canada. Suggest you start your reading here: http://www.cra-arc.gc.ca/chrts-gvng/chrts/pplyng/rgstrtn/menu-eng.html You will probably need legal help.