CANADA – FEDERAL BUSINESS IMMIGRATION PROGRAMS
About Canada's Federal Business Immigration Programs
List of Federal Business Immigration Programs
|Business Requirements||Once a designated organization commits to your business:
|Letter of Support||You must get a letter of support from a designated organization that proves they are willing to invest in and support your start-up. These organizations include:
|Language Requirements||You must achieve a minimum of Level 5 in the Canadian Language Benchmark in speaking, reading, listening and writing in either English or French.|
|Settlement Money||Because the Canadian government doesn’t give financial support to this investor visa, you will have to be able to prove that you have enough money to settle you and your family in Canada.|
What is the Labour Market Impact Assessment (LMIA)?
- Most employers need an LMIA before they can employ foreign temporary workers. Before starting the recruitment process, you need to determine if you need an LMIA.
- An LMIA is to determine that there are no Canadian citizens or permanent residents to do the work.
- The employer must be a legal entity (individual, company or organization) offering foreign employment for compensation and identifiable terms in Canada.
- To qualify as an owner-operator, foreign employee investors must determine the degree of control participation in the company (e.g., a majority or some non-dismissible shares) and actively participate in its business activities.
- Offers must be made by foreign employee investors who are actively involved in management.
- The sale or purchase of stock in an existing Canadian company by a foreigner requires immigration authorization. You will most likely depend on getting a work permit. As a result, transactions are often carried out in strategic increments to satisfy immigration and business practices.
- The current policy requires that the relationship between employers and employees must be identified to consider regulatory responsibilities in managing temporary work programs for foreign workers.
The overseas employee-investor acquires or intends to achieve 100% or a substantial amount of ownership in an existing Canadian business, considers a complete purchase, pending the full and partial acquisition of a Canadian company. In this case, the overseas employee investor will have to apply for an LMIA approval.
The foreign investor plans to start a new business contingent on a favourable LMIA work permit (Canada). For applying for Canadian immigration, the business should be in "operation," providing goods or services. The following considerations will apply for the assessment of an LMIA under the Owner-Operator guidelines:
- Preparation efforts made towards opening the business
- The presence of a viable business plan
- Hiring intentions of the company, if they intend to hire permanent residents
- Role of the foreign-employee investor to become sole owner, be actively engaged and carry out anticipatory work on behalf of the business as a TFW (Temporary Foreign Worker)
- Once the applicant has an LMIA work permit, successful candidates can at a later stage apply for a permanent residence in Canada. It can be through the Federal Skilled Worker Program (FSWP) under the Express Entry system or a suitable provincial immigration stream.
- If you apply through the FSWP, this program will give your additional CRS 50-200 points (typically CRS 200 points) for the job offer. This will provide you with a different and significant amount of CRS points to get an Invitation to Apply (ITA) and once an ITA is received, the candidate can then apply for Permanent Residence.
Eligibility for Canada's Intra-Company Transferee Program:
- Employees who have worked full-time for at least one year and have specialized knowledge or managerial or managerial positions may qualify.
- Executives who carry out direct management or the main components and functions of the company and only receive general supervision or guidance from officers, directors, or other shareholders.
- People with expertise, where the individual must have advanced knowledge and experience with the company's products or services.
Documents that prove the foreign worker is currently employed as a full-time employee at the company for at least one year. The transferee's current job description or evidence of the individual's specialized knowledge is also required. Other requirements include:
- The job description of the position in Canada.
- The duration of the intra-company transfer.
- Proof of the relationship between the company in Canada and the foreign country.
The Intracompany transfer processing time in Canada can be completed quickly in 1 month or as long as 12 months, depending on the applicant's country.
Eligibility Requirements for the Self-Employed Persons Program
A foreign national must first meet the Canadian government’s definition of self-employed to be considered eligible for assessment.
- An entrepreneur with relevant experience as a self-employed person in cultural or sporting activities meets the definition as per the program.
- Relevant experience must consist of at least two years of self-employment or world-class experience engaging in cultural or athletic activities as determined by the Immigration, Refugees and Citizenship Canada (IRCC).
|5112||Conservators and Curators|
|5121||Authors and Writers|
|5124||Professional Occupations in Public Relations and Communications|
|5125||Translators, Terminologists and Interpreters|
|5131||Producers, Directors, Choreographers and Related Occupations|
|5132||Conductors, Composers and Arrangers|
|5133||Musicians and Singers|
|5135||Actors and Comedians|
|5136||Painters, Sculptors and Other Visual Artists|
|5211||Library and Public Archive Technicians|
|5212||Technical Occupations Related to Museums and Art Galleries|
|5222||Film and Video Camera Operators|
|5223||Graphic Arts Technicians|
|5225||Audio and Video Recording Technicians|
|5226||Other Technical and Co-ordinating Occupations in Motion Pictures, Broadcasting and the Performing Arts|
|5227||Support Occupations in Motion Pictures, Broadcasting and the Performing Arts|
|5231||Announcers and Other Broadcasters|
|5241||Graphic Designers and Illustrators|
|5242||Interior Designers and Interior Decorators|
|5243||Theatre, Fashion, Exhibit and Other Creative Designers|
|5244||Artisans and Craftspersons|
|5245||Patternmakers - Textile, Leather and Fur Products|
|5253||Sports Officials and Referees|
|5254||Program Leaders and Instructors in Recreation, Sport and Fitness|
Applications from interested candidates are assessed against the points assessment for self-employed business immigration to Canada. The pass mark for the self-employed person program is 35 points out of 100.
|Experience||Maximum 35 points|
|Age||Maximum 10 points|
|Education||Maximum 25 points|
|Ability in English or French||Maximum 24 points|
|Adaptability||Maximum 6 points|
|Total||Maximum 100 points|
|Pass Mark||35 points|
In most cases, business travellers in Canada do not need a Canadian work permit. Business visitors are foreign nationals who have come to Canada to participate in international business activities but have not entered the Canadian labour market.
Canada is one of the largest economies in the world, attracting thousands of short-term business travellers every year. It has an international market-oriented economy and is a member of the Organization for Economic Cooperation (OECD), Group 7 (G7) and is a signatory to the North American Free Trade Agreement (NAFTA).
Enabling international businesspeople to do business in Canada is essential to the country's continued economic success. Likewise, countries with strong trade agreements and economic partnerships with Canada usually allow Canadian business visitors to enter their country as smoothly as possible. Visa reciprocity is an essential aspect of Canada's business prospects and economic success.
Business visitors must demonstrate the following requirements:
- Plan to stay for less than six months with no plans to enter the Canadian labour market
- Their primary place of business, and source of income and profits, is outside Canada
- They have documents that support their application and
- They meet Canada's basic entry requirements because they have valid travel documents and money to sustain themselves during their stay
- Not a criminal, security, or health risk to Canadians
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