Corporate Immigration enables companies to manage their international business. It is an attractive opportunity for those motivated to bring their international talent workers to Canada by benefiting from the International Mobility Program (IMP). It is the perfect option for those who want to start and expand their existing one in Canada. This immigration stream was mainly developed for large, medium, and small businesses that must transfer their high-talent, skilled employees, senior managers, or business owners across borders.
Canadian immigration acts and regulations place meaningful consideration on employing Canadian citizens and permanent residents as priorities. So, Temporary Foreign Workers (TFWs) should be a last resort and are generally considered a temporary solution to the lack in the Canadian labour market. There are two options currently available for employers seeking to hire TFWs: the International Mobility Program (IMP) and regular TFWP.
Corporate Immigration enables companies to manage an international business and is an attractive opportunity for those motivated to bring their international talent workers into Canada by benefiting from the IMP.
The IMP facilitates the entry of TFWs (Executives, business owners, entrepreneurs, investors, senior management, and intra-company transferees with specialized knowledge and expertise, including their families) based on international trade agreements, Canadian interest, no other means of support, and humanitarian reasons. The TFWs should demonstrate that they will provide significant economic, cultural, or other competitive advantages for Canada and reciprocal benefits for Canadian citizens and permanent residents. The IMP allows Canadian employers to hire TFWs on a work permit without requiring an LMIA (Labour Market Impact Assessment). On the other hand, the regular TFWPs require employers to test the Canadian labour market to prove a labour shortage by receiving an LMIA and applying for a Work Permit.
The Foreign National coming to Canada under IMP will initially have a Work Permit issued for 1 or 2 years. So, it might renew for an extended period of up to 5-7 years. Following working in Canada for one year, the Foreign National might become eligible to apply for PR inside Canada by using CEC, FSW, or PNP programs based on individual circumstances. Some workers who are suitable for IMP include:
Our Montreal Immigration Consultant works with corporate clients across multiple industries, assisting with recruitment strategies and corporate immigration needs.
At ARNIKA VISA, we help business owners, entrepreneurs, self-employed persons, and investors find the most cost-effective programs that achieve their business and immigration goals. From filing a business proposal to guiding businesses during interviews/meetings with immigration officials, we take care of it all. We can help you entirely or partially based on our different packages. We can help you with the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC for you as an authorized representative. Suppose you want to discover how the RCIC can help you. In that case, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.
IMMIGRATION REGULATION & LMIA EXEMPTION CODES UNDER IMP | ||
R204 International agreements | R204(a) Canada-International Agreement | LMIA Exemption Codes:
|
R204(b) Provincial/Territorial-International Agreement “Significant Investment.” | There are no approved agreements at this time. | |
R204(c) Canada-Provincial/Territorial Agreement “Significant Investment” | Federal-Provincial or Territorial Agreements – LMIA Exemption Code -T13 | |
Atlantic Immigration Pilot Programs (AIPP) – Work permit, LMIA Exemption Code -C18 | ||
R205 Canadian Interests | R205(a) A significant benefit
| LMIA Exemption codes:
|
R205.b Reciprocal employment | LMIA Exemption codes:
| |
R205.c Designated by Minister (Public policy, competitiveness and economy) | R205(c)(i) Work-related to a research, educational, or training program LMIA Exemption codes:
| |
R205(c)(ii) – LMIA Exemption codes:
| ||
R205.d., Charitable or religious work, LMIA Exemption code, C50 | ||
R206 No other means of support | R206.a., Refugee claimants, LMIA Exemption code, S61 | |
R206.b., Persons under an unenforceable removal order, LMIA Exemption code S62 | ||
R207 Permanent Residence Applicants in Canada | R207.a., Live-in-caregiver class, LMIA Exemption code, A70 | |
R207.b, Spouse or common-law partner in Canada class, LMIA Exemption code A70 | ||
R207.c, Protected persons under subsection A95(2), LMIA Exemption code A70 | ||
R207.d, Humanitarian and Compassionate (H&C) grounds under subsection Section A25 exemption, LMIA Exemption code A70 | ||
R207.e, Family members of the above, LMIA Exemption code A70 | ||
R207.1, Vulnerable Workers, and Family members of vulnerable worker, LMIA Exemption code A72 | ||
R208 Humanitarian reasons | R208.a., Destitute students, LMIA Exemption code H81 | |
R208.b., Holders of a temporary residence permit valid for a minimum of six months, LMIA Exemption code H82 |
The International Mobility Program allows foreign Entrepreneurs/Self-Employed, or Potential Provincial Nominees, an entrepreneur who is seeking to open a new business in Canada or buy an existing one, to apply for temporary work and operate their business while in Canada without having a Labour Market Impact Assessment (LMIA). The qualified applicants will be granted a two-year LMIA-exempt work permit. It is a route for an entrepreneur to manage his own business in Canada and finally could end up with a permanent residency in Canada.
The C11 work permit issued under this program can be extended if the entrepreneur meets specific criteria to stay in Canada for the long term. The Applicants need to show that their admission to Canada to operate their business would generate significant economic, social, or cultural benefits or opportunities for Canadian citizens or permanent residents. As this is temporary permission to work in Canada, applicants must satisfy IRCC officers that they will leave Canada at the end of the period permitted for their stay.
The IRCC officers consider the following factors in defining if the benefit is significant:
You may enter Canada on a C11 work, as the employee, you permit. Still, you will continue to be a business owner, and you should rely on your entrepreneurial skills to earn more profits in Canada. You will be an employee of your business, and one year of work experience will make you eligible for an Express Entry application under FSWP or CEC. Once you become a permanent resident, you can continue working as an employee or work as a business owner without any issues. The best part is that all this will be completely legal.
Establishing a new business or buying an existing one in Canada could be complex. You should prove that your business can afford to pay enough to help you provide for yourself and your family in Canada. Moreover, you need to demonstrate your business complies with the ‘Significant Benefit’ parameter throughout the process. Once the Canadian company is established, you will issue an LMIA-exempt offer of employment to yourself. You or your business must pay the employer compliance fee as your employer. Then, you, as the employee, will apply for the closed work permit to enter Canada after being qualified.
There are various business and immigration procedures and rules involved, which means you will need an expert Immigration Consultant to help you comply with different laws and regulations applicable to employers of foreign workers. The work permits could help entrepreneurs set up a business in Canada and explore pathways to permanent residence as an employee of the owned company.
At ARNIKA VISA, we help business owners, entrepreneurs, self-employed persons, and investors find the most cost-effective programs that achieve their business and immigration goals. From filing a business proposal to guiding businesses during interviews/meetings with immigration officials, we take care of it all. We can help you entirely or partially based on our different packages. We can advise you professionally regarding the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC on your behalf as an authorized representative. Suppose you want to discover how the RCIC can help you. In that case, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.
The Intra Company Transfer, ICT (LMIA exemption code: C12, on December 14, 2022, and before, LMIA exemption code: C62, on December 15, 2022, and after) category permits multinational companies with a branch, parent company, branch, affiliate, or subsidiary in Canada to temporarily transfer qualified key personnel to work in Canada to improve management effectiveness, expand Canadian exports, and enhance competitiveness in overseas markets. This program allows running your company outside Canada by transferring qualified employees to Canada with a Temporary Work Permit.
The Intra-Company Transferee is a part of the Canadian Immigration and Refugee Protection Regulations ([R205(a)] (Canadian interests – Significant benefit)) and is reinforced by requirements contained in international trade agreements for citizens of signatory countries. The ICT work permit program was designed to facilitate immigration by opening a company in Canada or expanding the current global business.
The Candidate will get a work permit to work in Canada and establish a company in Canada. Work permits received by this program are exempt from the requirement to obtain a Labour Market Impact Assessment (LMIA). Still, they must comply with all requirements governing temporary work in Canada, including obtaining a Temporary Resident Visa, if applicable. Thus, if an international company is launching a Branch/company in Canada and needs to transfer one of its senior employees or management team to Canada, they can do so.
Intra Company Transfer could apply for work permits if, three years immediately before the initial application date, the Candidate (Transferees) must have been employed (via payroll or by contract) with the foreign business continuously (full-time, not accumulated part-time) for at least one year, in a similar position to the one which will be engaged at the with Canadian branch and will be undertaking a job at a legitimate and continuing establishment of that company (where 18–24 months can be used as a fair minimum guideline)
The Canadian branch must also demonstrate a qualifying connection to its foreign counterpart. The position should be in an executive, senior managerial, or specialized knowledge capacity. Work Permit extensions may be awarded for up to 5-7 years maximum. Documented time outside Canada during the work permit can be “retaken” to allow the intra-company transferee 5-7 full years of physical presence in Canada.
To prove all the above, a detailed Business Plan is required.
The new office has continuously offered goods or services for the past year and has been staffed. The Initial c12 work permit has one-year validity. For renewals, evidence should be demonstrated that the Canadian and foreign companies still have a qualifying connection.
The requirements for the Foreign National (Application Process) are:
At ARNIKA VISA, we help business owners, entrepreneurs, self-employed persons, and investors find the most cost-effective programs that achieve their business and immigration goals. From filing a business proposal to guiding businesses during interviews/meetings with immigration officials, we take care of it all. We can help you entirely or partially based on our different packages. We can advise you professionally regarding the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC on your behalf as an authorized representative. Suppose you want to discover how the RCIC can help you. In that case, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.
Qualifying foreign nationals who have received a Commitment Certificate/Letter of Support issued by a designated entity may be considered for a short-term work permit to facilitate their entry to Canada if the designated entity supports the application request for a Start-Up Visa Work Permit.
Depending on their circumstances, applicants can apply for a permit from a port of entry, inside Canada or outside Canada.
They may apply for an open work permit based on their status as a spouse or common-law partner of a highly skilled worker (LMIA Exemption C41) as an entrepreneur is considered a highly skilled NOC code level ‘0, A or B’. When a spouse accompanies the principal applicant to Canada, the work permit application should be processed on a priority basis.
At ARNIKA VISA, we help business owners, entrepreneurs, self-employed persons, and investors find the most cost-effective programs that achieve their business and immigration goals. From filing a business proposal to guiding businesses during interviews/meetings with immigration officials, we take care of it all. We can assist you entirely or partially based on our different packages. We can advise you professionally regarding the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC on your behalf as an authorized representative. Suppose you want to discover how the RCIC can help you. In that case, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.
Citizens of the U.S. or Mexico who invest in new or existing businesses in Canada may be eligible to apply for a work permit under the Canada-United-States-Mexico Agreement (CUSMA) Investor program. Qualified investors, majority shareholders, or sole owners can use this program to develop and direct their businesses from inside Canada.
To apply, the investor must provide a business plan with details of the total capital required to establish or buy the existing business. They also need to prove that a significant portion of these funds has already been assigned to the project. The company is also expected to create jobs or other benefits for the local economy.
To benefit from this exemption, the following requirements must be met:
An “investment” should be considered as placing funds or other assets at risk to generate a profit or return. Without such a risk, one would not be deemed to have invested in this title. This would prevent non-profit organizations from being considered eligible companies for the CUSMA Investor work permit. Additionally, the CUSMA Investor must demonstrate prior or present possession and control of the investment. The type of investment (such as the investment of funds, the purchase of equipment, etc.) will also be considered when assessing whether an asset has been made.
For the investment to be considered “substantial,” it must be weighed against the total value of the business in question or the amount typically required in establishing a venture of that nature. A determination must be made whether the investment is considered proportional to the total investment.
To be “developing and directing” the business, the CUSMA Investor must demonstrate that they have a controlling stake in the company.
As an employee of the company, a CUSMA Investor must demonstrate that their primary tasks are to direct, control, and guide employees. Several factors are considered when determining whether an Investor falls under this label, such as their title, place within the company’s hierarchy, job duties, etc. Generally, CUSMA Investors do not usually partake in the company’s hands-on activities.
A CUSMA Investor employed in a capacity that involves essential skills must demonstrate that their specific expertise is vital to the American or Mexican company operating within the abovementioned requirements.
At ARNIKA VISA, we help business owners, entrepreneurs, self-employed persons, and investors find the most cost-effective programs that achieve their business and immigration goals. From filing a business proposal to guiding businesses during interviews/meetings with immigration officials, we take care of it all. We can help you entirely or partially based on our different packages. We can advise you professionally regarding the required personalized supporting documents to increase the chance of your approval and, finally, submit your application to IRCC on your behalf as an authorized representative. Suppose you want to discover how the RCIC can help you. In that case, the first step is to complete the Assessment Form (To detail your personal, educational, and employment information) available on the site.