My brother-in-law and I want to open a restaurant in Toronto. I live currently in Toronto but he does not live here. I

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Customer: Hello, My brother-in-law and I want to open a restaurant in Toronto. I live currently in Toronto but he does not live here. I need his expertise as he has more than 15 years in 5-star hotels. Can I open the business in partnership with him and get him a residency or work visa?
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: None,
JA: Have you talked to a lawyer about the visa?
Customer: no, we do not know what visa to get
JA: The Immigration Lawyer will be able to walk you through that. Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Debra in 1 hour 2 years ago
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

You could start a business and then given him an offer of employment. That could get him a work permit.

Then he can move to Canada to work.

You will have to apply to the government for what is called a Labour Market Impact Assessment (LMIA). What this entails is the government reviewing the job market to ensure that there is a shortage of Canadians or permanent residents to fill this job. Your brother-in-law cannot take a job away from a Canadian/permanent resident. So, he has to have a skill, or work experience, in an area where Canada needs workers and there aren't enough Canadians who have that skill or work experience.

If that's the case then the government will give you, the employer, a positive LMIA.

Then your brother-in-law can apply for the work permit.

He will need to prove his credentials and also need to undergo background, medical and criminal checks.

Here's the webpages that has all the information you both will need including the forms and information about the fees:

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-foreign-worker/permanent/skilled/make-job-offer.html

http://www.cic.gc.ca/english/work/index.asp

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Debra, Expert

Is there anything more I can help you with at this point in time?

Customer
Thanks for the reply. I have a few follow up questions:
Does the work visa allows him to enroll in OHIP ?
How long does the process usually take ?
Can I do the LMIA application before starting the business ? The rationale is that I will not trust another chef and I cannot run a restaurant alone. He is the expert.
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Debra, Expert

Yes he can get OHIP:

http://www.health.gov.on.ca/en/public/publications/ohip/temp_foreign.aspx

The work permit will take a month or so but the LMIA will take a few months most likely.

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