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CENTRE WELLINGTON · E-2 FIELD GUIDE

Can my wife work in the electrical business if we move from Centre Wellington on E-2, and must she be a citizen?

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THE DIRECT ANSWER

An E-2 spouse is employment-authorized incident to status and may work in the business or elsewhere. Her citizenship does not affect her spouse status, but if she is a Canadian permanent resident rather than a citizen, shares she holds personally do not count toward the fifty percent Canadian ownership.

Spouse status and share ownership are separate questions

The spouse of an E-2 investor receives E-2 dependent status regardless of her own nationality and is treated as employment-authorized by virtue of that status. She can take a role in the contracting business, run its office, or work for an unrelated employer. What she cannot do is contribute to the treaty-nationality calculation unless she is a Canadian citizen.

If the purchase is planned as fifty percent for the applicant and ten percent for his wife, and she holds only permanent residence, the Canadian-national ownership falls to fifty percent, which still meets the threshold but leaves no margin for a later transfer or dilution. Placing the full sixty percent in the applicant's name, or in a company he wholly owns, avoids the issue. Children under 21 receive dependent status and may study but are not work-authorized.

Record each person's actual citizenship documents before the share allocation is drafted.