Hi
I am writing on behalf of my friend, he's not very good with computers/internet so I am just helping him out, but he's got a very serious problem and I would appreciate if you can help.

He came to Canada with the help of a Canadian Citizen (she sponsored him for the first visit) and started a partnership business (owned 50% each) to sell silver & semi precious stones jewellry in BC. The business is based in north vancouver. He came here on a visitor visa, so every 5-6 months he would have to go back and keep renewing his visa in India. These trips almost always served as a purchase tour as well, so this way he could bring new jewellry to sell here in BC.

About 2 years ago (when he was still using visitor's visa to come to Canada) he signed a document & gave it to his partner, he doesn't remember what it was, but he has a sense that it had something to do with dissolving the partnership in case he's not able to get a renewed visa to travel back to Canada. This year, in January 2008 the Canadian Consulate in Delhi, decided to give him a 4 year work permit (that allows him to work for his business that he owns 50%), owing to the fact that he's been doing business, through that partnership firm, in BC since last 6 years!

The present situation is that, he & his partner (the lady canadian citizen) are having a falling out and she keeps threating him that she has that document signed by him (*I mentioned in the above paragraph), and that she's gonna use it and call immigration and tell them that she's no longer sponsoring him and this way the immigration guys will deport him. She keeps saying that he cannot do anything, that she can even slap him and nothing would happen to her!

I want to ask, what are the legal implications in this situation; given the fact that my friend has a 4 year work permit for the business that he own's 50%. Can his partner threaten him like that, can immigration guys really deport him like that lady says. The nature of the business is such that even if the partners decide to dissolve it in a civil manner, all the money is stuck in the jewellry they hold, they can't really cash out of the business so easily, unless they decide to have grand a jewellry thrift sale or something.

Can you please comment on my friend's situation.

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Manny

"Experience is the name every one gives to their mistakes."

Your friend should know when the company was started at that location.(6 years ago.)
The Name of the company.
Ownership : Joint - as partners. Names of Partners, their addresses.
Tax Number: CRA (Canada Revenue Agency) Tax number.
GST and PST : Numbers, on display in the place of business.
Contact the local Business Development Association that is there locally and get any and all of the details from them. (You say he is a partner?)
Ask for tax filings for the previous years. Tell the partner that he is being audited in India by the Indian Income Tax Department and he has to pay taxes in India.
Get what ever he can without causing any fuss, unless he has all of this already.

Now he will know if he was ever a partner in that business and what is that paper that he signed over to her is?! ( or not).

If the Canadian Government gave him a Visa for four years and he is here IN Canada, then he can stay here for the first four years. They would not issue one unless he has produced all of the partnership papers and the tax filings, plus a lot more to get here. They are sharp and extremely smart.

If your friend's partner says that she will withdraw her sponsorship, she is wrong. She is stuck with him for the number of years that she has committed herself.

If not, then he is on his own. She cannot do anything for the duration, if he can survive on his own.

You have only provided us with very little information and with that we cannot proceed in this matter with this small amount of information. We know the system here. Also what we can do here. We have to know a lot more and this is not the place to come crying. Let him go and see a lawyer or even a paralegal and get all that he can as far as information is concerned. Paralegals charge a tenth of what the lawyers charge for their work. If he has language difficulties, then look for one that speaks the language. Or get an interpreter with him, a friend may be.

All of the foregoing are only suggestions. Not advice. So, please tell your friend to proceed with extreme caution.

Some one with the knowledge of all of the facts and the current situation there will be the best to help him, where ever he is and currently based.

If he needs a referral to a lawyer or a Paralegal, we can do the search and post it to this website for him to contact.

Will that help?

Freddie.