Immigrants Contractors

*Contractor* Not Canadian and nonresident permanent who at the same time:

  • the experiment in the management of a company
  • to have sufficient Net and obtained licitly;
  • transmits to an agent a written declaration bearing that it has the intention and measurement to meet the conditions cited in the following paragraphs (1) to (5)


Conditions

(1) the contractor who becomes immigrant received is fixed in the following conditions: he has the control of a part of the stockholders' equity of the acceptable company Canadian equal or higher than 33 1/3 %;

he ensures the exploitation of this one in an active and followed way;

(2) it creates for Canadian citizens or immigrants received, other than itself and of the members of its family, at least an equivalent of full-time employment.

(3) Lthe contractor must conform to the conditions imposed for one one year minimal period during three years following the moment when it becomes immigrant received.

(4). The contractor who becomes immigrant received transmits to the agent, in the three years following the date where it becomes it, the proof that it conforms to the imposed conditions.

(5) the contractor transmits to the agent: at the latest six months after the date where it becomes immigrant received, the address of its residence and its telephone number;


at one unspecified moment during the period beginning eighteen months after the date where it becomes immigrant received and finishing twenty-four months after this date, the proof of the efforts which it deployed to conform to the imposed conditions.

"Credit net" acting of an acceptable company or an acceptable Canadian company, means surplus of the credit of this one on its liability, increased loans granted the company by the foreigner and her husband or united in fact by way of shareholders.


"To have Net" acting of a contractor, gets along of the right commercial value of all the his husband and assets of the investor or unites in fact, decreased by the right commercial value of all their liabilities.

"To have minimal Net": Acting of a contractor corresponds to the sum of 300 000 $;

acting of a contractor selected by a province, corresponds to have it minimal Net required by the provincial right.

"Undertaken acceptable" Very undertaken -- other that a company managed mainly with an aim of deriving an income of placement, such of the interests, dividends or capital gains -- with regard to which there is a documentary proof establishing that, during two years distinct for the period beginning five years before the date where the request for visa of permanent resident is made and fascinating end at the date where he is ruled on the request, it satisfied two of the following criteria:

the percentage of the stockholders' equity, multiplied by the number of equivalents of full-time employment, is equal or higher than two equivalents of full-time employment per annum;

the percentage of the stockholders' equity, multiplied by the annual sales turnover, is equal or higher than 500 000 $;

the percentage of the stockholders' equity, multiplied by the annual income Net, is equal or higher than 50 000 $;

the percentage of the stockholders' equity, multiplied by the credit net at the end of the year, is equal or higher than 125 000 $.



"Undertaken Canadian acceptable" Company -- other that a company managed mainly with an aim of deriving an income of placement, such of the interests, dividends or capital gains --, exploited in Canada by a contractor, with regard to whom there is a documentary proof establishing that, during one year unspecified for the three years period following the date where the contractor became immigrant received, it satisfied two of the following criteria:

lthe percentage of the stockholders' equity, multiplied by the number of equivalents of full-time employment, is equal or higher than two equivalents of full-time employment per annum;

the percentage of the stockholders' equity, multiplied by the annual sales turnover, is equal or higher than 250 000 $;

the percentage of the stockholders' equity, multiplied by the annual income Net, is equal or higher than 25 000 $;

the percentage of the stockholders' equity, multiplied by the credit net at the end of the year, is equal or higher than 125 000 $.


"Equivalent of full-time employment Corresponds to 1 950 hours of remunerated employment.

N.B: Pleaase take note that the sums are in Canadian dollars

"Experiment in the exploitation of a company" acting of a contractor means management of an acceptable company and control of a percentage of the stockholders' equity of this one during at least two years during the period beginning five years before the date where the request for visa of received immigrant is made and fascinating end at the date where it is ruled on this one.

"Percentage of the stockholders' equity"
In the case of a company with owner single not equipped with the legal entity, the totality of the stockholders' equity controlled by the foreigner or his husband or united in fact
;

in the case of a joint stock company, the share of the actions of the authorized capital with voting rights emitted and in circulation which control the foreigner or his husband or united in fact;

in the case of a partnership or a joint venture, the share of the benefit or losses carried in the active or from abroad or of his husband or united in fact.

"Returned Net" acting of an acceptable company or an acceptable Canadian company, benefit or losses of the company after taxes, taking into account the remuneration paid by the company abroad and with its husband or united in fact.
 

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