Business Immigration to Canada

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fast facts
• A work permit generally is
required if the worker is not a
Canadian citizen or permanent
resident
• The time required to obtain a
work permit can range from one
day to several months
• Special rules apply for workers
destined for Quebec
• Exemptions are available for:
• business visitors
• some intra-company transfers
• US and Mexican workers who
qualify under NAFTA
• Obtaining permanent resident
status is a separate process from
that required to obtain a work
permit
Montréal
business immigration to Canada
temporary work permits
In most circumstances, individuals who are not Canadian citizens or permanent
residents will require a work permit to engage in work-related activities in Canada.
Canadian companies seeking to hire foreign nationals and multinational companies
wishing to transfer foreign nationals to their Canadian operations must comply with the
federal Immigration and Refugee Protection Act of Canada.
The standard method of obtaining a work permit is a two-step process. First, the
prospective employer applies to Human Resources and Skills Development Canada/
Service Canada for a Labour Market Opinion (LMO). Second, the employee applies to
Citizenship and Immigration Canada for a work permit based on the LMO.
In addition to an LMO, foreign workers destined for Quebec are usually required to
obtain additional approvals from that province’s authorities. Depending on the foreign
national’s country of citizenship, a Canadian entry visa may also be required. If so, a visa
is routinely sought on application for a work permit prior to entering Canada.
As a result of international agreements, legislation and government policies, some
occupations and activities do not require LMOs and/or work permits. Where an
exemption is available, the time required to obtain a work permit can be significantly
shortened or the need for a work permit may be eliminated altogether. Three common
exemptions are identified below:
1. business visitor: A business visitor is a foreign national who comes to Canada to
engage in international business activities without directly entering the Canadian
labour market. A business visitor is not required to obtain an LMO or a work permit.
Permissible activities include attending meetings or conferences, making sales calls,
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providing after-sales service, and receiving or giving training within a Canadian
affiliate of the foreign national’s employer outside Canada.
2. intra-company transferees: Executives, senior managers and specialized knowledge
workers may be eligible to obtain a work permit as intra-company transferees from
business operations outside Canada. No LMO is required. This exemption is useful
for multinational companies requiring oversight of Canadian operations or as a
means to allow foreign talent to assist in building business operations in Canada.
3. NAFTA: The North American Free Trade Agreement (NAFTA) facilitates temporary
entry into Canada for American and Mexican citizens involved in the trade of goods
or services or in investment activities. NAFTA provides exemptions for business
visitors, intra-company transferees, professionals, traders and investors. In the case of
business visitors, a work permit is not required. In the case of all such categories, no
LMO is required.
permanent residency
The path to Canadian permanent residency is a separate process from that required to
work temporarily, although employment in Canada may assist in obtaining permanent
residency in certain economic immigrant categories. Each economic immigrant
category has its own unique criteria and application process. Four common categories
are identified below:
1. The first group consists of self-employed applicants. To qualify, the individual must
have both the intention and the ability to establish a business that will make a
significant contribution to specified economic activities. The individual is also subject
to an assessment based on education, experience, age, ability in English and/or
French and adaptability.
2. Entrepreneurs comprise the second category. The entrepreneurial must have
the ability to establish or purchase a business that will significantly contribute to
the economy. The business must also employ one or more Canadian citizens or
permanent residents, other than the immigrant and his or her dependents. Finally,
the applicant must be in a position to actively participate in management of the
business on an on-going basis. The federal entrepreneur program temporarily
stopped accepting applicants in July 1, 2012.
3. Investors constitute the third category. Designed to attract experienced business
people willing to make an investment in Canada, to qualify as an investor a
person must have a minimum net worth of CDN$1,600,000 and be willing to
invest CDN$800,000 over five years. The federal government acts as an agent on
behalf of the provinces which secure the investment. The federal investor program
temporarily stopped accepting applicants in July 1, 2012 and the program is up for
renew.
4. The final category is the skilled worker and Canadian Experience Class worker. A
skilled worker is someone who has the ability to become economically established
in Canada and has the skills and experience in a designated profession to meet the
qualifying criteria. A skilled worker must have an offer of employment in Canada.
The federal skilled worker program caps the number of applications it revives each
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year. The Canadian Experience Class is reserved for workers who have at least
one year of work experience in Canada and have the skills and experience in a
designated profession.
In addition to the above, other opportunities to qualify for permanent admission may
exist for individuals in particular circumstances. Different considerations apply for a
worker who intends to reside in Quebec.
The foregoing provides only an overview and does not constitute legal advice. Readers
are cautioned against making any decisions based on this material alone. Rather,
specific legal advice should be obtained. For more information contact your regular
McMillan advisor or go to http://www.mcmillan.ca.
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