CANADA CORPORATE AND BUSINESS IMMIGRATION
The decision to immigrate to a different country is significant and often life-changing.
Immigration to Canada can be very complicated for businesses, business owners, and foreign employees. Hiring business immigration lawyers with the skill, experience, and patience is often crucial to successfully navigating this complex process. We offer tailored legal services in all business and corporate immigration matters. Contact us for more information on how we can help you meet your immigration needs.
The Canadian immigration framework offers various business immigration routes. There are many pathways for businesspeople and investors to enter Canada, with some offering permanent residency while others initially only offer temporary entry that may eventually lead to permanent residency.
BUSINESS WORK PERMITS AND VISAS
Immigrating to Canada as a Business Executive
We can assist a company executive to obtain work permits. We manage your entry to Canada, including security & medical clearances & legal representation in complex immigration cases. Your family members may join you.
Canada has several established programs to provide work permits for various purposes and to various designated groups of foreign workers. While business visitor visas allow executives to visit Canada briefly for business events such as conferences, meetings at a Canadian branch of the business, or similar purposes, executives seeking to work in Canada will require one of these work permits unless or until the executive is a permanent resident of Canada. We can assist executives in determining which of these programs may be the best fit for their entry and residence in Canada.
Immigrating to Canada on Intra Company Transfer ( ICT)
ICT is an immigration pathway under the International Mobility Program that allows qualified foreign business owners to transfer their businesses to Canada and acquire a work permit. Through the ICT pathway, you will be able to secure an ICT Work Permit and may bring your family members to Canada. In most cases, the principal applicant’s spouse and children will gain open work and study permits, respectively. The ICT program is governed by Immigration, Refugees and Citizenship Canada (IRCC), ensuring compliance with Canada’s immigration policies and potentially paving the way for long-term benefits such as citizenship.
It is attractive option for executives to obtain a Canadian work permit . This type of permit supports and allows for the transfer of employees or executives from a foreign-based company to its related Canadian company. The Intra-Company Transfer work permit encourages foreign senior-level executives to come to Canada, benefitting the Canadian economy with specialized knowledge and experience. This program also has the added benefit of allowing the executive to be accompanied by a spouse on an open work permit. To be eligible for this work permit, the executive must have worked for the foreign company for at least one year, must have held a senior or managerial position or a specialized knowledge position, and must have been offered a job with a Canadian affiliate, branch, or subsidiary/parent of the foreign company.
The initial work permit obtained through the Canada ICT program is usually granted for 1 year. In certain cases, the IRCC may issue a work permit for 2 years, provided that the company in Canada is a subsidiary of the established foreign company. The Canadian ICT work permit can be renewed several times (for 2-3 years at a time and up to 7 years in total) provided that all the requirements of the program are met (such as having an office in Canada, employing a Canadian PRs or citizens and having active businesses in both, Canada and the home country).
Canada’s Intra Company Transfer (ICT) program is well-suited for foreign business owners with established business operations who wish to expand their existing operations to Canada.
Executive Express Entry
We can help corporate executives decide the type of visa they need & prepare a suitable visa application, in an urgent situation.
Canada’s Express Entry program may be especially useful for executives to obtain permanent residence in Canada rather than merely travelling to Canada on business. The Express Entry program is designed to streamline the immigration and permanent residency process for skilled immigrants, such as business owners, executives, and other skilled workers that are able to immediately contribute to the Canadian economy.
The Express Entry program requires four general steps to apply and possibly be able to immigrate to Canada in less than six months. First, you will need to determine your eligibility and whether you meet the minimum requirements for one of the three Express Entry economic immigration programs. To be eligible for Canada’s Express Entry program, an executive would need to qualify for one of the three Express Entry programs:
If you meet the eligibility criteria for one of these three programs, you will next need to prepare all necessary documents to complete your profile, such as your passport, provincial job application or job offer, or Educational Credential Assessment report. You may also need to submit proof of funds for investment purposes, medical exams, or police certificates. Next, you will submit your profile online to then find out your score based on the program’s metrics. Finally, you may receive an invitation to immigrate to Canada through the Express Entry program, and you will then have 60 days to apply for permanent residence.
While these express programs are not specifically designed for business executives, eligibility under any of the three programs may allow an executive to significantly shorten the wait for entry into Canada and qualification for permanent residence. If eligible, the Canadian Express Entry program could be an optimal solution for executives, business owners, and others who may have experience working in Canada or may qualify as a skilled worker or a member of a skilled trade. Importantly, there is no longer an eligible occupation list for the Federal Skilled Worker Program, which means that if the executive has had at least one year’s work experience in a skilled occupation over the previous 10 years, that executive could be qualified for the Express Entry through the Federal Skilled Worker Program.
We offer tailored legal services in all business and corporate immigration matters. Contact us for more information on how we can help you meet your immigration needs.
IMMIGRATING TO CANADA AS A FOREIGN INVESTOR
To qualify as a foreign investor in Canada, you must meet specific requirements. The Canadian government has established guidelines for foreign investors, including:
Additionally, foreign investors must also meet the requirements of the Labour Market Impact Assessment (LMIA) and obtain a work permit. The LMIA is a document that assesses the impact of hiring a foreign worker on the Canadian labour market. To obtain a work permit, foreign investors must demonstrate that they have a genuine intention to operate a business in Canada and that they have the necessary skills and experience to do so.
You must demonstrate to Canadian immigration authorities that your business activities in Canada will bring “significant economic benefit” to Canada.
You can demonstrate “significant economic benefit” in several ways, including:
Once the Labour Market Impact Assessment (LMIA) is complete and approved, you can apply for a renewable temporary work permit valid for 12-24 months.
Please be advised that the requirements for foreign investors may vary depending on the province or territory in which they wish to invest. It’s recommended that foreign investors consult with a business immigration lawyer to ensure they meet all the necessary requirements.
Canada continues to seek out skilled and knowledgeable business immigrants to contribute to the Canadian economy. An experienced Canadian business immigration lawyer can be an invaluable resource in helping you navigate the complicated immigration process for businesses, business owners, investors, and foreign workers. A skilled lawyer can help ensure you use the ideal immigration pathway that best meets your needs; assist you with the necessary paperwork and regulatory hurdles, and work to streamline the immigration process and keep you on track every step of the way.
Contact Us today to help you navigate the complicated Canadian business immigration process while achieving the best benefits for you
There are four ways foreign investors can invest in Canadian business:
You do not have to be a Canadian permanent resident or citizen to start or invest in a business in Canada. However, you cannot work in your business without a valid work permit. Therefore, hire a Canadian manager to operate your business until you are authorized to work in Canada.
Your initial investment amount to buy or establish a business in Canada can range between CAD $150,000 and $350,000, but depending on your personal and financial goals, this amount can be higher.
C11 work permit is designed for foreign self-employed individuals wishing to conduct business in Canada. The C11 Work Permit route offers a unique pathway for foreign entrepreneurs, business owners, and investors to come to Canada to do business.
The C11 Entrepreneur Work Permit was created under the International Mobility Program (IMP) and allows foreign entrepreneurs and investors to obtain a work permit in Canada as self-employed individuals. The Initial work permit is usually issued for two years and can be extended several times, provided that your business in Canada is active and profitable.
We recommend that you contact us before starting or investing in a business in Canada, as not all business ventures meet the requirements for the program.
The C11 work permit is suitable for the following categories of individuals:
From our experience, this program is perfect for those who:
If you are considering the C11 work permit, you will need to convince the immigration officer that:
Business investors may also gain temporary entry to Canada by creating business opportunities that will contribute “significant benefits” to Canada’s economy and employment. While this route initially offers temporary entry to Canada, it could eventually lead to permanent residence and citizenship.
If you want to relocate to Canada as a permanent resident or a foreign national investor or entrepreneur, buying an established business in Canada can be a good option for becoming eligible under the Entrepreneur Work Permit Program.
Finding a solid business with sufficient assets and excellent growth potential for your immigration journey is complicated. You need to select a business that fits your skills, previous experience, and financial goals. In addition, the business you plan to buy must meet the requirements set by the Canadian immigration authorities.
As a foreign investor, it’s essential to understand the market trends, key sectors, and the types of businesses that are in demand.
Understanding the Canadian business market is crucial for foreign investors looking to purchase an existing business or start a whole new business venture. It’s essential to research the market, identify trends, and understand the competition to make informed investment decisions.
Buying a Franchise is an option to consider. Starting a brand-new business in a foreign country can be difficult and risky if you lack experience in the new market. That’s why buying a franchise in Canada can be an attractive option for business immigrants. They offer multiple advantages that foreign investors usually lack: brand awareness and an established customer base, proven methods of doing business, marketing support, and training in the specific industry. These business opportunities can reduce the risk of failure for investors and allow them to draw on existing clientele that the already-established brand name has captured. You need to research the right franchise to purchase.
Need help? Contact us today!
CANADA START UP VISA ( SUV)
Foreign entrepreneurs can gain permanent residence in Canada by starting innovative businesses through Canada’s start-up visa. The program offers a pathway for entrepreneurs and their families to relocate to Canada, emphasizing the eligibility requirements, application process, and potential for securing permanent residence.
If you’re exploring business immigration options in Canada and have access to capital between CAD $200,000 and CAD $500,000, the Canada Start-Up Visa program could be the right opportunity to consider. It offers the chance to start your business in Canada, providing a pathway to live and work in Canada with your family.
The Canada Start-Up Visa Program is a business immigration program that allows foreign entrepreneurs to obtain permanent residence in Canada by starting innovative businesses. Successful applicants and their families can relocate to Canada within 3 to 6 months and obtain permanent residency within 2.5 to 3 years. The program targets innovative entrepreneurs supported by Canadian designated organizations (incubators, angel investor groups or venture capital funds). Up to five business partners can participate in the same start-up, provided they meet certain requirements.
Start-Up Visa Canada Requirements
To be eligible for the Canada Start-up Visa Program, applicants must:
Contact us to assist you in navigating the Business Start-Up visa.
BUSINESS PROVINCIAL NOMINEE PROGRAMS
While immigration to Canada is mostly the jurisdiction of the Federal Government in Canada, each of Canada’s provinces has its own small immigration program whereby the provincial government can nominate individuals for immigration to their province based on their own specific criteria. Once nominated by a province, the individual can apply for permanent residence through the federal immigration program. These Provincial Nominee Programs (PNP’s) usually break down into a skilled worker category and a business immigration category.
This summary will describe the different Business Immigration programs currently available by each province:
Quebec Investor Program
This program enables business persons to immigrate to Canada by providing the sum of $1,200,000 CAD to the Quebec government, which the Quebec government will invest for its own benefit, then refund to the investor immigrant after a period of five years, interest free.
To be eligible for this program, you must:
*Quebec defines management experience as the exercise, for at least two years in the five years preceding the application for a selection certificate, of duties related to the planning, management and control of financial resources and of human or material resources under your authority; the experience does not include experience acquired in the context of an apprenticeship, training or specialization process attested to by a diploma.
The assessment of the application will also take into account other factors such as age, the nature and duration of any professional training and the applicant’s language skills.
British Columbia Nominee – Regional Entrepreneur
First, applicants must register with the Entrepreneur Immigration Registration. Applicants will be assigned a score based on experience, net worth, personal investment, jobs, adaptability, and business concept (the maximum score available is 200), and only the top applicants will receive an invitation to apply under the BCPNP Entrepreneur Immigration Stream.
To be eligible to register for the BCPNP-Entrepreneur Stream, an applicant must, at a minimum:
In addition to the aforementioned personal requirements to apply to the nomination program, there are also requirements on the proposed business activities of the applicant. The BCPNP will only consider the applications for registration of applicants seeking to establish, or purchase and improve, a business that contributes to the economic growth of the province. An applicant must decide on the type of business they intend to establish, and once the application is filed, there is no opportunity to change the proposal. In reviewing an applicant’s business proposal for nomination, the BCPNP will consider the following factors:
If the applicant has proposed to take over an existing business, there are two additional factors BCPNP will consider:
The BCPNP will also examine whether an applicant’s skill set (ie. Past ownership or senior management experience) is transferable into their proposed business venture. Lastly, the BCPNP will examine the economic benefit of the business on the province and award it points accordingly.
Assuming that the applicant’s proposed business activities meet the BCPNP criteria, the applicant must demonstrate that they will be able to make a minimum eligible personal investment of $200,000. If an applicant proposes having a key staff member, they must make an eligible personal investment of at least $400,000.
If a registered applicant is invited to apply to the nomination program, they will have 4 months to complete and submit the required documentation. If the application is approved by the BCPNP, the applicant will then be required to sign a performance agreement and they will receive a letter supporting them for a two-year temporary work permit (Note: Performance agreements are unique for each applicant). After signing the performance agreement, the applicant must arrive in BC with a work permit within 12 months. The applicant must then file an arrival report within two months of arriving, and set up their business within 20 months of that time. At the end of the 20 months, the BCPNP will review the applicant’s file and decide whether it will nominate them for permanent residence.
Manitoba Provincial Nominee Program – Business Applicant
If an applicant is interested in operating a business in Manitoba, they must first file an Expression of Interest (EOI) in conjunction with an Exploratory Visit (the visit cannot be more than a year before the EOI is filed), and a summary of Business Intent. This step must be completed in order to then be invited to apply for nomination.
In order to be eligible for the Business Applicant program, a candidate must:
*The Adaptability Matrix provides an applicant with a range of scores based on their age, business knowledge, business experience, net worth, English and/or French fluency (to verify language claims, an applicant must submit IELTS results from within the last 2 years), and lastly, enhanced settlement factors (these account for an applicant’s connection to the province and the skills of an applicant’s dependents
The province will identify top candidates from the EOI pool to apply for nomination and then select the top nomination applicants for nomination. There is no guarantee that an application will lead to a nomination, nor is there a guarantee that Immigration, Refugee and Citizenship Canada (IRCC) will approve a nominated applicant for permanent residency.
New Brunswick Provincial Nominee Program (NBPNP) – Business Applicant
The purpose of this program is to identify and nominate qualified business people from around the world who will own and actively manage a business that contributes to New Brunswick’s (NB) economy. The first step for any interested applicant is to file an Expression of Interest (EOI). Interested parties must be selected from the EOI pool to be eligible to apply to the nomination program. Applicants to the EOI pool are evaluated on the criteria listed below and assigned a score based on that evaluation. The minimum score that an applicant must achieve is 50, but that is not a guarantee for an invitation to apply to the nominee program; only the highest ranked candidates are invited to apply.
In order to be eligible for the Business Applicant program, a candidate should:
If a candidate is invited to apply for the NBPNP they will be required to schedule a visit to NB, where they will have an in-person interview and provide a detailed business plan. At this stage, if NB chooses to nominate the applicant, both parties will sign the Deposit Agreement and the nominated applicant will apply to Immigration, Refugee and Citizenship Canada (IRCC) for permanent residency.
Ontario Immigration Nominee Program – Investment Stream
To receive a nomination from the Ontario Ministry of Citizenship, Immigration and International Trade (MCIIT), the first step is to submit an Investment Referral Form to MCIIT to be reviewed by a secondary Ontario ministry. MCIIT will assign referral forms based on which ministry would be impacted by the business plan. The registration applications are reviewed and ranked.
For MCIIT to nominate an applicant, investments must be of significant importance to Ontario and must create jobs for Ontarians. Both new investments and expansions to current operations are eligible. Investments need to meet the following eligibility guidelines:
In addition, Investment Nominee Positions being considered for approval by the Ontario Immigrant Nominee Program must:
Nomination:
If the ministry approves the investment plan, they will provide the the applicant with instructions on how to apply. The application is once again reviewed by the assigned ministry and is also reviewed by MCIIT. If the MCIIT and the secondary ministry approve the application, the applicant will receive a nominee application package. The applicant will have 60 days to complete the application package and file it for assessment (there is a $3,500 non- refundable fee to file the application). If MCIIT nominates an applicant, the applicant has 6 months to apply to Immigration, Refugee and Citizenship Canada (IRCC) for permanent residence (the applicant can request a temporary work permit while the IRCC is processing their application).
Prince Edward Island Business Impact Stream for 100% Ownership
Under the 100% Ownership Stream, the first step that an applicant must make is to fill out and submit a self-assessment form and a business proposal. If the PEIPNP approves the applicant’s file, there will be an in-person interview and the applicant must submit a settlement plan and a business plan for approval. If the PEIPNP accepts the business and settlement plan, the applicant will be nominated for permanent residency.
For an applicant to be eligible for this process they must:
If the applicant fails to abide by the agreement, they could lose their $200,000 deposit in accordance with the terms
Because of Prince Edward Islands’ unique economy and the current demands facing it, the province will give priority to businesses involved in the following areas:
According to the PEIPNP, if an applicant meets all program criteria in place at application time and is approved, a nomination certificate will be issued.
Saskatchewan Immigration Nominee Program – Entrepreneur (SINP-E)
The first step in the application process is filing an Expression of Interest (EOI) with the SINP-E. It is through the EOI candidate pool that applications are reviewed and ranked, successful candidates receive an invitation to apply to the Provincial Nomination Program.
The criteria grid considers age, exploratory visits, official language ability, qualifications, net worth (the higher the net worth, the higher the applicants score), entrepreneur experience, innovation, investment amount and impact of Saskatchewan economy
In order to file an EOI an applicant must:
If the above criteria is met, the applicant receives a letter of recommendation for a temporary work permit. Provided that the applicant adheres to the Business Performance Agreement, they will be permitted to apply to the SINP for nomination. Finally, with a nomination in hand, an applicant is able to apply to IRCC for permanent residency.
Yukon Business Immigration Nominee Program
The first step in the application process is to submit an application for evaluation. The application will be evaluated against the assessment criteria.
For a registered applicant to pass the assessment criteria, the applicant must:
Points are awarded based on the size of an applicant’s proposed investment value, their personal net worth, there age (between 29 and 40 will earn maximum points), length of prior visit, education and training, amount of ownership or senior management experience, and language skills
- Level 6 in the International English Language Testing System (IELTS)
- Level 4 in the Test d’Évaluation De Francais (TEF)
All applicants who are approved for nomination receive a letter of recommendation which is submitted to the Immigration, Refugee and Citizenship Canada (IRCC) to obtain a two-year work permit. Once the two-year work permit is obtained, the applicant will be required to submit a business plan with detailed documentation demonstrating either:
At the end of the two year period, successful applicants will be notified whether the YBINP will support their permanent residence application to the IRCC.
North West Territories Immigration Nominee Program – Entrepreneur Stream
To begin the process a candidate must take the self-evaluation to see if they are eligible to apply to the program. If they are, the application is submitted and it is reviewed by the territory.
All economic sectors are eligible for this program. However, priority will be given to those applicants whose business product or service is new to NWT or would generate significant benefits for the North. The business plan may be for the establishment of a new business or the purchase of an existing business – the key is to show the incremental benefits that will accrue to the NWT.
To be eligible for this program, applicants must have:
If all of these criteria are met, and the Assistant Deputy Minister approves the Business Plan, the NWT may choose to nominate the applicant, for temporary residence so they may establish their business according to the Business Performance Agreement. If the conditions of the agreement are satisfied the NWT will, at that point, nominate the applicant so they may apply to Immigration, Refugee and Citizenship Canada (IRCC) for a permanent residency.
Federal Government Requirements Applicable to all Provincial Nominations
It is important to be aware that any permanent residency application is subject to a final decision by Immigration, Refugee and Citizenship Canada (IRCC) and a nomination from a province is not a guarantee that IRCC will approve the applicant’s request for permanent residency. IRCC will review admissibility criteria such as an applicant’s criminal history and medical condition and can refuse an application if they find the applicant to be inadmissible based on the requirements of the Immigration and Refugee Protection Act.
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Contact Us for more information about the Business Immigration application process or for assistance in preparing an application.
FOR CORPORATIONS Our services include:
-Business visitor’s visa
-Canadian work permits and visas
-Start Up Visa programs
- Self Employed Persons Program
-intra company transfers to Canada
-Labour Market Opinion ( LMO) Opinions
-temporary workers program
-Temporary foreign workers program
-relocation of international workers to and from Canada. Visa application, temporary visas to Canada, Canadian permanent residence etc.;
-assistance with compliance with Canadian immigration laws, policies, and procedures.
-assistance with labour market impact assessment process-Business Visitors Application
-Applications for various work permits and visas
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