IMP WORK PERMIT

What is Corporate Immigration?

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.

What is the International Mobility Program (IMP)?

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:

  • Foreign Entrepreneurs/Self Employment or Potential Provincial Nominees entrepreneurs (C11 work permit)
  • The Intra-Company Transfer (ICT) Program: for those planning to transfer to a Canadian branch of the company they currently work for. (C12 work permit)
  • Qualifying foreign nationals who have received a Commitment Certificate/Letter of Support (A75)
  • International Free Trade Agreements: Those entering Canada as part of trade treaties, such as the Canada-United States-Mexico Agreement (CUSMA) or the Comprehensive Economic Trade Agreement (CETA).
  • Business Visitors: Foreign workers who demonstrate they meet certain conditions, such as that they will be in Canada for under six months and will not be entering the Canadian labour market, can be eligible to work in Canada without needing a work permit
  • Reciprocal Youth Exchange Agreements: such as the International Experience Canada (IEC) – for those between the ages of 18 and 30 (35) years of age who want to travel and work in Canada
  • Post-Graduation Work Permit (PGWP) for those who have studied at and graduated from a Canadian Designated Learning Institution (DLI) and can obtain a PGWP for up to three years.

Our Montreal Immigration Consultant works with corporate clients across multiple industries, assisting with recruitment strategies and corporate immigration needs.

How Can We Assist You?

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:

  • Canada–International Non-Trade Agreements – T11,
  • Trader (FTA) – T21,
  • Investor (FTA) – T22,
  • Professional/Technician (FTA) – T23,
  • Intra-Company Transferee (FTA)- T24,
  • Spouse (Colombia or Korea FTA) – T25,
  • GATS Professional – T33,
  • Investor (CETA/CUKTCA) – T46,
  • Contractual Service Supplier (CETA/CUKTCA) – T47,
  • Engineering Technologists & Scientific Technologists (CETA/ CUKTCA) – T48,
  • Independent Professional (CETA/CUKTCA) -T43,
  • Intra-Corporate (company) Transferee (CETA/CUKTCA) -T44,
  • Spouse (CETA/CUKTCA) -T45,
  • Investor (CPTPP) -T50,
  • Intra-Company Transferee (CPTPP) – T51,
  • Professional or Technician (CPTPP) – T52,
  • Spouse (CPTPP) T53

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:

  • A significant benefit – C10,
  • Self-employed or potential provincial nominee as an Entrepreneur -C11,
  • Intra-Company Transferees (including GATS) – C12,
  • Emergency Repair or repair personnel for out-of-warranty equipment C13,
    Television and Film production workers – C14,
  • Rural and Northern Immigration Pilot – C15,
  • Rural and Northern Immigration Pilot Spouses -C17,
  • Francophone Mobility – C16,
  • Live-in Caregivers whose permanent residence application is submitted – A71,
  • Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit) -C90,
  • Spouses and dependants at the age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWP -C91,
  • Permanent Resident facilitation work permit categories – A75

R205.b

Reciprocal employment

LMIA Exemption codes:

  • Reciprocal employment, Unique work situations – C20
  • International Experience Canada (IEC) Program – C21
  • Academic Exchanges (professors, visiting lecturers) – C22
  • Performing Arts  C23

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:

  • Research – C31
  • Post-Secondary co-op – C32
  • Secondary School co-op -C33 

R205(c)(ii) – LMIA Exemption codes:

  • Spouses or Common-law partners of Skilled Workers -C41, 
  • Spouses or Common-law partners of Study Permit holders -C42, 
  • Post-Graduation Work Permit (PGWP) Program – C43,
  • Post-Doctoral fellows awarded a Doctor of Philosophy (Ph.D.) and research award recipients – C44,
  • Foreign Medical (or dental) Residents and Medical Research Fellow – C45

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 

What is a C11 visa in Canada?

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.

How do I get a C11 visa to 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:

  • The work is likely to create a viable business that will benefit Canadian or permanent resident workers or contribute to economic motive
  • The applicant has particular background or skills that will advance the viability of the business
  • There is a business plan that clearly explains that the applicant has taken steps to initiate their business
  • The applicant has taken some measures to implement the business plan, showing evidence of having the financial capacity to begin the business and pay expenses, renting space, having a staffing plan, obtaining a business number, showing ownership documents or agreements, etc.
Who is eligible for IMP Canada?
  • The applicant must own at least 50% of the business;
  • The business must be viable and of significant benefit to Canada;
  • The applicant must have taken concrete steps to implement his business plan.
What are the advantages of the C11 Work Permit?

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.

How do I do the Canada C11 visa to PR?

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.

How Can We Assist You?

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.

What is ICT in Canada?

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.

What are the requirements for the company?
  1. Usually, the company must secure physical premises to house the Canadian operation, especially in the case of specialized knowledge. However, in specific cases involving senior managers or executives, it would be acceptable that the new start-up’s address still needs to be secured.
  2. The company must provide realistic plans to staff the new operation
  3. The company must have the financial ability to start a business in Canada and pay employees.
  4. When transferring executives or managers, the company must prove that it will be large enough to support executive or management functions.
  5. When transferring a specialized knowledge worker, the company must show that it is expected to be doing business and ensure the director’s direct work at the Canadian operation.

To prove all the above, a detailed Business Plan is required.

What is the Canada ICt visa validity?

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.

Who is eligible for a Canada ICT visa?

The requirements for the Foreign National (Application Process) are:

  1. A corporation should be opened in Canada, with a local Executive on the board. The ownership can be 100% with the Foreign National.
  2. Prepare a well-detailed Business Plan for the Canadian Corporation.
  3. Prepare a job offer letter from the Canadian Corporation to the Foreign National by identifying the position and the salary according to the National Occupation Classification (NOC).
  4. Collect documents from the Foreign Company to prove their relationship for the past 4-5 years, including the Registration, Financial and Tax documents.
  5. Collect all the personal information of the Foreign National
  6. Apply for the Work Permit
How Can We Assist You?

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.

What is an A75 work permit?

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.

What are the eligibility requirements for the applicant?
  • They must intend to reside outside Quebec,
  • Have an Offer of Employment (LMIA-Exempt) to a Foreign National Exempt as ‘self-employed,’
  • Have a Commitment Certificate of a designated entity indicating that the work permit application is “essential” and there are urgent business reasons for the applicant’s early entry to Canada.
  • Have a Letter of support linked to a Commitment Certificate that  has issued a designated entity has issued,
  • Have sufficient funds to meet the low-income cut-off for their family size for 52 weeks.
Work permit issuance

Depending on their circumstances, applicants can apply for a permit from a port of entry, inside Canada or outside Canada.

Can a Start-Up work permit holder bring a spouse?

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.

How Can We Assist You?

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.

About CUSMA Program (T21, T22, T23, T24)

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:

  • The CUSMA Investor must have either U.S. or Mexican citizenship;
  • The company must have U.S. or Mexican citizenship (persons of American or Mexican citizenship must own a majority of the company);
  • The substantial investment must have already been made or must actively be made;
  • The CUSMA Investor must be seeking entry into Canada for the sole reason of developing and directing the business and
  • If the CUSMA Investor is also an employee of the company, their role must be executive or supervisory or involve essential skills.
CUSMA Substantial Investment Requirement

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.

CUSMA Controlling Stake Requirement

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.

How Can We Assist You?

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.