by Immilaw Team | Nov 1, 2023 | Canada Immigration
Moving your established company overseas brings both challenges and chances for growth. Canada is a hotspot for immigrants and business people, attracting those looking for new opportunities. Its appeal as a relocation spot lies in various factors that make it attractive for people aiming to expand or start fresh in a thriving business setting.
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Growing your business in Canada
Here’s an extensive roadmap for expanding your business operations into Canada.
To establish your company’s operations in Canada and secure Canadian work permits for you or your team, consider applying for the Intra-Company Transfer (ICT) program. ICT program allows foreign companies to transfer executives, managers, or specialized employees.
Note that securing a work permit could take around 2-4 months, depending on your nationality and various other factors.
Business immigration to Canada
To qualify, both the expanding company and the applicant need to meet specific requirements as mentioned below:
1. Verify your company’s eligibility
Not every business owner can relocate their companies to Canada. Several requirements must be met by both the expanding companies and selected applicants to take advantage of the ICT program’s provisions.
Criteria for Foreign Companies:
- Active Business Engagement: Your home company must be fully operational and involved in conducting business, such as selling goods or services, employing staff, acquiring customers, and generating revenue.
- Operational History: Your company should be at least one year old. The longer the history, the stronger the support for your application.
- Adequate Gross Revenue: Although there’s no fixed minimum revenue requirement, your business should demonstrate gross sales of CAD 300,000 or more. If your revenue is lower, seek legal advice to strategize your company’s expansion efforts effectively.
- Accessible Funds for Expansion: While there are no minimum criteria for operating a business in Canada, your company must exhibit enough funds to support Canadian operations. A sum of at least CAD 100,000 is recommended to sustain operations during the initial year.
- Justification for Expansion: Your company should have valid reasons for expanding to Canada, such as better customer service in North America or engaging in export activities. Discuss other potential reasons with an immigration lawyer to ensure a strong rationale for expansion.
Applicant Criteria:
- Position in Home Country: You must be an executive, senior manager, or specialized knowledge worker in your current company.
- Employment Duration: Demonstrate your current employment in your home company and have at least one year of work experience within the past three years in the above-mentioned position.
- Position in Canada: Show evidence of being transferred to a comparable role in Canada.
After meeting the eligibility criteria for the ICT program, the next step is establishing your company’s presence in Canada.
2. Setting Up Your Business in Canada
While establishing your presence in Canada, focus on the corporate ownership structure of your Canadian company. Canadian law mandates that your home country business and your Canadian company must have a parent/subsidiary or affiliate relationship.
Your Canadian company must register as a parent, subsidiary, or affiliate of your existing business.
A subsidiary relationship occurs when your foreign company owns and controls your Canadian company, while a parent relationship is established when your Canadian company owns and controls your home company.
An affiliate relationship exists when the same individuals or group control your home company and your company in Canada.
After confirming the ownership structure of your Canadian company, the next step is to select the location for your corporate office in Canada. To register a Federal company in Canada, you’ll need at least one Canadian Director in your business.
However, not all provinces demand the presence of a Canadian Director. For instance, in Ontario or British Columbia, a Canadian Director is optional. Alberta mandates at least 1 Canadian director to supervise Canadian operations.
If finding a Canadian Director is challenging, seek guidance from a Canadian law firm or an accounting firm for assistance.
3. Applying for ICT Work Permit
After registering your company in Canada, you can apply for a work permit to operate within your newly established Canadian company. To complete the work permit application under the ICT program, you must submit various documents to Canadian immigration officers to prove your eligibility.
The necessary documents required are as follows:
For Foreign Company:
- Company registration document indicating the establishment date (a minimum of 1 year old company)
- Ownership documents and proof of business engagement (such as website, marketing materials, tax filings, licenses/permits, commercial lease agreement, employee remittance payments, etc.)
Applicant’s Employment History with the company:
- Employment contract and records, payslips
- Personal tax filings showing employment details
- Evidence of remuneration or dividend payments (for business owners)
- Company’s organizational chart, business cards, and reference letters.
Financial Documents:
- Company’s tax reports displaying gross revenues and sales figures
- Corporate bank statements showing sufficient liquid funds for expansion
Canadian Company Documents:
- Registration papers (Articles of Incorporation)
- Licenses & permits (if applicable)
- Shareholder agreement or share certificate confirming ownership
- Lease agreement (if applicable)
- Financial documents and marketing materials (website, promotional materials, if available)
Additional Requirements for First ICT Transfer:
- Business Plan outlining rationale for expansion, proposed business activities, investment amount, cash flow projections, and hiring plans.
Transfer Letter:
- Letter from the home company detailing the applicant’s current role, the position they’ll hold in Canada, and reasons for their presence in Canada.
Personal Documents of the Applicant:
- Resume, educational credentials, certificates & licenses, reference letters
- Evidence of advanced education or expertise
- Demonstrative ties to the home country (assets, resident family members, etc.)
- Travel history, police clearances, medical examination results
Additionally, ICT work permits typically have a duration of two years. Newly established Canadian companies can initially receive a one-year permit, extendable multiple times. You may bring your spouse/partner and children under 22 to Canada.
4. Arrival in Canada
Typically, Canadian authorities process work permit applications within 1 to 4 months.
Upon approval of your work permit application, you’ll receive a work visa to enter Canada (subject to your citizenship). You will receive your work permit document upon arriving at a Canadian port of entry.
To extend your ICT work permit, you must prove to Canadian immigration authorities that you have effectively established your operations in Canada and have been actively doing business.
The assessing officer will specifically evaluate the following factors before approving your ICT work permit extension:
Business in Canada:
When applying for an extension, you must demonstrate that your business in Canada is genuine and actively selling goods or services to Canadian or global customers. Profitability isn’t a requirement, but your business must be viable and generate sufficient revenue to cover expenses and employee payments.
Commercial premise in Canada:
Your company should maintain a physical presence in Canada rather than solely operating virtually. Even in the modern remote work landscape post-pandemic, having commercial premises in Canada, whether shared or co-working spaces, is necessary for you and your employees’ work location.
Employees in Canada:
The assessing officer will check if your company has employees working within Canada. Even if your employees work remotely, showcasing at least one local employee by the time of the extension application is essential. Emphasizing the importance of your presence in Canada is crucial, underscoring the active nature of your business and your pivotal role in leading the team.
Foreign Company:
Your foreign company must continue actively operating in your home country with the same ownership structure initially presented in your work permit application.
These factors are the most crucial to establish and demonstrate to the Canadian immigration authorities for extending the ICT work permit.
5. Initiate Permanent Residency Application
After working in Canada for 12 months under the ICT work permit, you might qualify to apply for PR through the Express Entry program. You must meet the eligibility criteria, and achieving adequate CRS scores is necessary.
Express Entry applicants with a job offer from their Canadian company can obtain an additional 200 CRS points (executives and senior managers) or 50 points (specialized knowledge workers) without needing an LMIA approval first.
To apply for permanent residence, apart from other requisites, you must meet the following eligibility criteria:
- Language skills equivalent to at least CLB 7 (with a minimum IELTS General Test score of 6 for each band)
- At least one year of post-secondary education
- Police clearance for every country where you resided over six months in the past ten years.
- Medically fit and has no severe health conditions
We trust that our insights have provided you with an understanding of the process involved in expanding your company from anywhere in the world to Canada through the ICT program. Conducting business in Canada, like anywhere else, has its own set of challenges. However, the benefits of expanding your business to Canada far outweigh these challenges. No worries; ImmiLaw Global is committed to supporting you in overcoming these challenges!
For further guidance on relocating your company to Canada, contact the business immigration lawyers of ImmiLaw Global. The experts at ImmiLaw Global Firm assist in relocating your existing company to Canada but also help in selecting the appropriate business entity for your move to Canada.
Feel free to contact us for your queries.
by Immilaw Team | Jun 16, 2023 | Uncategorized
Canada Post-Graduation Work Permit
After graduating from a Canadian college or university, international students can apply for a Canadian Post-Graduation Work Permit (PGWP). The typical duration of this work permit is three years, up to the same amount of time as the student’s academic program. By enabling them to work for any Canadian business in any industry, PGWP Canada hopes to keep students on board.
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When the study program is over, the student has 180 days to apply for a Post-Graduation Work Permit (after documented confirmation of a degree or diploma certificate is obtained). International graduates can work in Canada with a Post Graduate Work visa (PGWP), which is a temporary work permit. The PGWP typically lasts between 8 and 36 months.
Eligibility Requirement for PGWP from within Canada
If a person satisfies the criteria listed below, they may apply for a PGWP Canada:
- The candidate has been enrolled full-time in school during their entire time in Canada.
- The applicant should apply within less than 180 days after finishing their educational program.
- The candidate has completed a program of at least eight months and obtained a degree or diploma certificate from a Designated Learning Institution (DLI).
- For a PGWP holder to be qualified to apply for a Canadian permanent residence program, they should possess one year of professional work experience in a NOC code of 0, A, or B.
Eligibility Requirement for PGWP from outside Canada
- A study permit for the applicant has been granted.
- The applicant obtained a degree or diploma certificate from a Designated Learning Institution (DLI) after finishing a program that was at least eight months long
- The applicant remained a full-time student throughout the course of their education.
Other Requirements
Other requirements for becoming qualified include the following:
- The candidate should complete a course of study program with a minimum of eight months at a Designated Learning Institution (DLI)that qualifies.
- Any course of study must result in a degree or diploma certificate.
- The candidate has obtained a transcript and an official letter from the qualified DLI attesting that the applicant satisfies the conditions necessary for program completion
PGWP application can be made only once in the lifetime, but it is possible to extend your PGWP
Your PGWP cannot be renewed; however, if it was time-limited due to your passport’s expiration, you might be able to extend your PGWP. Your PGWP’s validity period cannot exceed the expiration date of your passport. If so, to receive the entire validity of your PGWP, you must apply for a work permit extension when your passport is renewed. If you meet the requirements for a different kind of work permit, you can seek to extend your PGWP before it expires.
If your PGWP is about to expire, you may want to choose an open work permit or an employer-specific work permit. If you are qualified for this work permit and submit your application before your PGWP expires, you can have the status that allows you to continue working in Canada. If your PGWP is about to expire, you may want to choose an open work permit or an employer-specific work permit. While awaiting the processing of your extension, maintained status gives you legal standing. Before their authorized stay expires, temporary residents may apply to extend it. The legislation extends your permitted stay as a temporary resident until a decision is taken on behalf of your application. As a temporary resident during the processing term, you are additionally regarded as having legal status.
Who can apply for PGWP
Graduates who apply for a PGWP before the expiration of their study permit are qualified to work full-time without a work permit while awaiting a decision on their application if all of the following criteria are met:
- When you applied for the post-graduation employment visa, you had or had a valid study permit.
- Your educational program is now over.
- You fulfilled the prerequisites for working off-campus without a work permit by being a full-time student enrolled at a DLI in a postsecondary academic, vocational, or professional training program of at least eight months in length that resulted in a degree or diploma certificate.
- You did not exceed the permissible working hours.
A candidate cannot apply for a Post-Graduation Work Permit (PGWP) if:
- Their study permit has been inactive for more than 180 days.
- In the past, they had already received a PGWP.
- The candidate has experience learning English or French as a second language.
- The candidate participated in general interest or self-improvement courses of study.
- The candidate completed their studies in Canada at a non-Canadian university.
PGWP Processing Time
A PGWP can be processed in 80 to 180 days.
While awaiting your PGWP, you may apply before your student visa expires and work in Canada. You have 180 days to apply after completing all your academic prerequisites in Canada. While awaiting your PGWP, you may apply before your student visa expires and work in Canada.
If you leave Canada after completing your studies, you may apply for a PGWP from overseas. Previously Canadian citizens could only apply for post-graduation work permits from within the country.
When applying for a Canada PGWP, you must include the supporting documentation listed on the below-mentioned checklist:
PGWP Documents Checklist
- Extend my stay or continue to work in Canada by submitting Form IMM 5710
- IMM 5476, “Use of a Representative,”
- Form IMM 5475, “The permission to release personal information to a designated person”
- Passport page photocopies,
- Identity documents in photo form,
- Current immigration document photocopy, if applicable,
- The program’s final transcript,
- A letter from the college or university, as well as the official diploma,
- Evidence of payment,
- The original letter that was given to you by the university stating your anticipated employment is a crucial component of your academic program (for Co-op Workers).
PGWP Application Process
Complete the Post-Graduate Work Permit Application process.
1. Fill out the PGWP form online:
Graduates must first complete their online Post-Graduate Work Permit application.
2. Pay the application fee:
The applicants must pay a CAD 255 fee for online PGWP applications. You might need to pay an additional CAD 350 to reinstate your status as a student if the validity of your study permit expires before you apply.
3. Compile the Essential Documents:
The next step for graduates is to assemble the paperwork needed for their application. This contains evidence that they have finished their coursework. One of the following papers may be used to offer this proof:
- A diploma or degree,
- Official correspondence from the school’s official transcripts or copies of transcripts downloaded from the school’s website is required.
4. Submit the Application:
The next step is for graduates to submit their applications online. After this, Immigration, Refugees and Citizenship Canada (IRCC) may need the applicant to submit more paperwork.
Successful applicants will receive their Post-Graduate Work Permit inside Canada. Successful candidates outside of Canada will receive their PGWP and a fresh visiting visa allowing them to enter the nation.
PGWP pointers to remember:
1. The PGWP offers international students the opportunity to get valuable professional job experience in Canada, which is one of its main advantages.
2. It’s vital to remember that a study permit expires 90 days after the conclusion of a course of study. You must also apply for a PGWP within 180 days of receiving confirmation that you’ve fulfilled the prerequisites for finishing your program of study. Depending on which occurs first—the day you receive your final grades or the day you receive official written notice that the program is over—the days will start counting.
3. You are not permitted to work without a permit if your study permit expires or becomes invalid before you apply for a PGWP, and you must instead:
- Apply for a PGWP from abroad after leaving Canada.
- Apply to reinstate your status as a student by submitting an accurate PGWP application ($255) and the necessary reinstatement fees ($350).
4. It’s interesting to note that while physically residing in Canada, you can also apply from “outside” of Canada. Maintaining your visitor status until you acquire the official work visa is necessary if you wish to stay in Canada.
5. You will receive an automatically generated letter from IRCC after submitting your PGWP application. The letter will grant a 120-day validity period for continuing to work. Most applicants should learn the outcome of their application before the 120-day deadline. You can use the IRCC web form to ask for verification of authorization to work if 120 days have passed and no decision has been made.
6. Spouses and common-law partners of The PGWP holders may be qualified for a work permit.
- Spouses and common-law partners of the PGWP holders should be able to work in Canada for at least six months after receiving their open work visa application.
- Should occupy a high-skilled job position (NOC 0, A, B)
- Be physically residing in Canada or have plans to do so while working
7. A PGWP holder must attain one year of work experience in a NOC code of 0, A, or B before applying for permanent residence status in Canada under the Canadian experience category.
8. The PGWP allows you to apply for jobs whenever you want, anywhere in Canada (as long as your permit is still valid).
9. International students can only work 20 hours a week during academic sessions. But while your application is being reviewed, you can begin working full-time as soon as you finish your education. Within 90 days of getting your Letter of Completion, and while your study permit is still in effect, you must submit your PGWP application.
Canada’s earnest efforts to entice international students to remain in the country include the post-graduate work permit (PGWP) program. The numerous liberties and advantages of the program acknowledge the skills of international graduates, thereby helping them work for their betterment.
Feel free to contact us for your queries.
by Immilaw Team | May 11, 2023 | Canada Immigration
A business visitor is an individual who comes to Canada for a short-term business trip. The purposes of this short-term business visit can include attending meetings, business conferences, or negotiating contracts. As per immigration rules and regulations, business visitors are not permitted to enter the Canadian labour market and should not engage in any work activities while in Canada. Read on to get more clarity about letter of invitation for business visitors to Canada.
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How can you be a business visitor to Canada?
Is your intention only to be involved in business activities without any plans to enter the Canadian labour market? Then consider yourself as a genuine business visitor to Canada. You can also consider yourself a business visitor to Canada if you travel as an after-sales service provider to perform tests and repair works for commercial and industrial equipment.
Canadian Business Visitors Visa
Various ways to prove that you are a business visitor
- Convince the immigration authorities that you intend to reside in Canada for less than six months.
- Convince the immigration authorities that you don’t have any plans to explore the Canadian labour market.
- Convince the immigration authorities that your business and the real source of profits are outside of Canada.
- Convince the immigration authorities by providing all the essential documents for getting your application to become a Canadian business visitor approved.
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Various activities you can perform being a Canadian business visitor
- Attend business conferences, trade fairs, conventions and meetings.
- Take orders to purchase goods and services in Canada.
- Expand government functions or foreign business by buying services and goods in Canada.
- Get industrial training from a company located in Canada which is the Central HQ of the company you are working at in your home country.
- Provide training for the branch employees of the company in Canada, which is the subsidiary wing of your main company.
What is needed to enter Canada as a business visitor?
- You will require an authentic passport with a valid visitor visa or an Electronic Travel Authorization (eTA).
- The full contact details of your business host in Canada.
- Valid documents for proving that you have adequate money for your stay in Canada and for returning to your home country.
- An invitation letter from your business or company host in Canada.
The below-mentioned information will help you understand all about invitation letters for Canada business visitors. If you invite a business visitor to Canada, you need to provide them with a letter of invitation. This letter should be written on the company letterhead and should include the following information:
- The purpose of the trip: Explain why the individual is coming to Canada and what they will be doing here. This should be specific and detailed.
- The duration of the trip: Indicate the exact dates of the visit, including the arrival and departure dates.
- Ensuring the trip duration does not exceed the permitted stay for business visitors in Canada is vital.
- Information about the host company: Provide details of your company, including name, address and contact information.
- Information about the business visitor: Include the invited individual’s name, job title, and relationship to your company.
- Information about accommodations: If you provide accommodations for the business visitor, including the address and the precise dates of their stay. If not, provide information about local accommodations that they may use.
- Details about financial support: Explain how the business visitor will be financially supported in Canada. This can include information about who will pay for their accommodations, transportation, and other expenses.
- Other relevant information: You can also provide additional information that may be helpful for the business visitor, such as information about transportation, local customs, or other relevant details.
Once the Canada business visitor invitation letter has been written, it must be printed on the company letterhead, signed by an authorized company representative, and sent to the business visitor. The business visitor should include a copy of the invitation letter with their application for a temporary resident visa (TRV) or an eTA if required.
It would help if you remembered that a letter of invitation does not guarantee that a business visitor will be granted a TRV or an eTA. The Canadian government decides to issue a TRV or an eTA by considering numerous factors, such as the purpose of the visit, visitors’ ties to their home country and the duration of their stay in Canada.
In conclusion, if you invite a business visitor to Canada, you may need to provide them with a letter of invitation. The letter should be specific and comprehensive, giving all the vital information regarding the purpose of the visit, the length of the stay and the visitor’s relationship with your company. The business visitor must include a copy of the invitation letter with their application for a TRV or eTA if required.
Hope this article really helped you to understand business visitors and letter of invitation for bringing them to Canada. Also, check out the frequently asked questions below.
FAQs
Q: Who can write your invitation letter?
Only a close friend or a family member can write an invitation letter to Canada for you.
Q: Is a student eligible to send you a Canada invitation letter?
No, only a Canadian citizen or a permanent resident of Canada can send you an invitation letter.
Q: Is it a must to have an invitation letter to Canada?
Yes, if your travel history needs to be stronger.
Q: How long can a person stay in Canada as a business visitor?
As a business visitor, you can stay in the country for a few weeks to up to six months.
Q: Is an invitation letter mandatory to get a Canadian visitor visa?
An invitation letter is not mandatory when applying for a visitor visa to Canada. All you require is to give the complete details of your travel and must be able to meet all the essential immigration requirements.
Q: Can I convert my visitor visa for Canada to a work permit?
Yes, you can apply for a Canadian work permit once you receive a positive Labour Market Impact Assessment (LMIA) from your employer in Canada.
Q: Is it necessary to undergo an interview to get a Canadian business visa?
You need to attend two screening interviews once you arrive in Canada. The interviews will be over soon if all your documents are complete and in proper order.
Q: What is the validity of an invitation letter for a Canadian visa?
If the invitation letter is not used within ninety days of issuance, it will be deemed cancelled. The sponsoring company or host company will then have to obtain a new one to bring in a visitor to Canada.
Immilaw Immigration Law Professional Corporation is one of the well-reputed leading immigration law firms in Canada. Our team of highly qualified and experienced professional lawyers helps our clients with outstanding legal representation in all kinds of immigration matters, making each case successful.
If you have any queries on visas for business visitors and letter of invitation for bringing them to Canada, you can contact us.
by Immilaw Team | May 9, 2023 | Canada Immigration
It is a common practice in Canada to receive advice and suggestions regarding immigration from immigration consultants, paralegals and lawyers. However, it is essential to identify and understand the significant differences between these three professions before you seek any help related to immigration policies. You will be able to find that there are many eminent immigration consultants, paralegals and lawyers out there who are always willing to offer their professional services to you.
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When it comes to choosing immigration lawyer, consultant or paralegal, your goal should be to find the right person to give you proper advice and whom you can trust with the immigration process. Therefore, it is imperative to get a clear idea of the different services by conducting appropriate research before hiring immigration personnel. Read on to learn more about immigration lawyers, consultants and paralegals.
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Who can be of help?
Immigration Lawyers
To become a lawyer in Canada, you have to:
- Complete an undergraduate degree with a duration of three to four years,
- Pass a bar examination after completing a three-year degree in law,
- Complete a ten-month articling requirement after passing the bar examination. This is for getting hands-on experience under the supervision of an eminent lawyer.
Generally, lawyers get training in various subjects such as civil litigation, family law and criminal law. However, most lawyers opt to specialize in only one or two areas. Immigration law can be one of these areas of specification. Immigration and refugee law are complex areas with various rules and regulations that can keep on changing. This is why you need to get the help of a proficient immigration lawyer to get the best of the services. Lawyers are regulated by LSO, which means if you have any dispute with a lawyer, you can raise your concern at LSO. Lawyers are expected to be in “good standing” by the LSO. A lawyer in “good standing” is not under any investigation, has paid all fees and has no legal obligations. To maintain a “good standing,” the lawyers should attend twelve hours of Continuing Professional Development (CPD) annually. This indicates that the lawyers are constantly updated.
Lawyers can represent you for any immigration issue and provide you with the best legal advice. This will also include the following:
- Represent you at the Superior Court, Federal Court and Supreme Court of Canada,
- Represent you at the tribunal for your refugee hearing,
- Represent you at the tribunal for an admissibility hearing,
- Provide you opinions and legal advice on complex cases and drafting legal documents,
- Represent you in every interview between Canadian Border Services Agency (CBSA) and IRCC.
Immigration Consultants
You can always seek the help of immigration consultants to deal with your immigration case. An individual must complete a diploma or a certificate course from an accredited college to become a competent immigration consultant. Generally, the duration of the study can be one to two years. Candidates must be able to get through the Full Skills Exam once they finish their studies. Immigration consultants are provided training only in refugee and immigration law. This means they are not authorized to advise on other streams of law. The Immigration Consultants of Canada Regulatory Council (ICCRC) is the regulatory board for immigration consultants. If there is any complaint against a consultant, the same must be reported to ICCRC.
Before starting your application, you must ensure that the immigration consultant you are dealing with is on good terms with the ICCRC. For this, all you need to do is visit the official website of ICCRC and ensure it is “active status” shown for your immigration consultant on the membership list of ICCRC.
Immigration consultants are able to:
- Collate and process required documents for any application for immigration, such as study permits and visas,
- Be your representative for your tribunal hearing,
- Be of great help when writing applications for work permits, sponsorship applications, study permits, citizenship applications, refugee and sponsorship appeals.
Immigration consultants are not able to:
- Draft a legal document,
- Provide legal advice,
- Represent you in a federal court,
- Apply for a judicial review.
Paralegals
For an individual to get qualified as a paralegal, he has to complete a certified educational program from an accredited college, and three options are there for doing so:
- In one year, a paralegal certification program can be completed.
- The program solely focuses on paralegal education, as there is no need for general education.
- Generally, one can earn a paralegal diploma in two years. One can explore various areas of paralegal job activities by getting a paralegal diploma.
- Most of these paralegal diplomas have got work-placement requirements.
- It will take four years to complete a paralegal degree; for this, the person should be able to finish two years of his general education and a work placement.
Every candidate must pass a rigorous seven-hour paralegal licensing exam. In Canada, Ontario is the only province that regulates the paralegal profession. The Law Society Of Ontario (LSO) regulates paralegal professionals. Like lawyers, paralegals must attend and complete twelve hours of yearly training to maintain their professional efficacy. In case of a complaint against a paralegal, it should be reported to the LSO. Paralegals in Ontario can be your representative in small claims courts, especially for provincial offences such as traffic tickets, minor criminal charges, and tribunal hearings, including Immigration and Refugee Board. Paralegals will sometimes work with lawyers and can do their minor practices.
Paralegals are able to:
- Appeal at the Immigration and Refugee Board on your behalf,
- Represent you at an admissibility and refugee hearing,
- Collate vital information and fill out the application forms to present your file to Immigration, Refugee and Citizenship Canada (IRCC).
Paralegals are not able to:
- Represent you at a federal court,
- Apply for a judicial review.
How to choose between the three options?
Choosing the right representative can be time-consuming. However, certain tips can help you make the right choice.
- Just evaluate your situation and see how complicated it is; by doing so, you will be able to find out if the person can be of real help in your case.
- Remember that only lawyers can represent you in a Federal Court for a Judicial Review. By interacting with a lawyer, you can easily find out what type of immigration case you are dealing with.
- Go through the reviews by the previous clients.
- Consult with the Department of immigration law to check the professional’s work experience.
- Speak with various immigration consultants, paralegals and lawyers to find out how they could help tackle your issue. Talking with them is also helpful to determine if the fees are standard and that you are not overcharged.
- Visit the official websites of IRCC and LSO to find referrals
How to avoid immigration fraud?
Whether you are choosing an immigration lawyer, consultant, or a paralegal, make sure that you don’t fall into the hands of an immigration fraud. Immigration fraud can happen if, on your behalf, your representative is making a misrepresentation and that too, knowingly. Therefore, it is very crucial to protect yourself from fraud. The following are some valuable tips that can keep you protected:
- It is imperative to understand and know everything. Let your immigration consultant, paralegal, or lawyer know if you do not speak the language. You can take the help of someone who can translate for you.
- Always read the forms carefully before you sign. Never sign blank forms or forms that contain false information.
- Always keep copies of your documents safe. You can also hand over the copies to someone you trust if you cannot maintain them.
- You should note that you must attend a hearing at Immigration & Refugee Board (IRB) before your immigration claim gets denied. If someone says that your claim got denied without the need to attend a hearing, immediately seek the help of a professional immigration lawyer.
- You will be asked to sign the retainer agreement. It is a contract between your representative and yourself. This contract outlines all the services your representative provides you, the fees they will be charging for their services and the responsibilities of both parties.
- Always read your retainer and find out how much you will get charged since you can inquire about the fee listed in the agreement.
Immilaw Immigration Law Professional Corporation is one of the well reputed leading canadian based immigration law firm located in Canada. Our team of highly qualified and experienced professional lawyers help our clients with outstanding legal representation in all kind of immigration matters, making each case success. Feel free to contact us for your enquiries.
by Immilaw Team | Apr 19, 2023 | Uncategorized
The comprehensive set of rules to make your business immigration to Canada from India successful!
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Yes, you have come to the right place. Read along to learn more about Canadian business immigration and the hassle-free, proven methods used by the most popular entrepreneurs, self-employed people, business owners etc., from India, who made their dreams come true in their dream destination, Canada!
Business immigration programs of Canada
Options for Canadian business immigration from India
Some of the popular business immigration options that business owners and Indian entrepreneurs use for relocating and settling in Canada are as mentioned below:
The Canadian Start-Up Visa (SUV) is a business immigration program that permits foreign entrepreneurs to immigrate to Canada by receiving support from a designated Canadian venture capital fund, angel investor group, or business incubator. Applicants of the Canadian SUV program must demonstrate that their business ideas are innovative and have the potential to create jobs and economic growth in Canada.
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Entrepreneur Work Permits
The Canadian Entrepreneur Work Permit is a business immigration program that allows foreign entrepreneurs to come to Canada and operate a business. To be eligible for this program, the applicants must have a fool-proof business plan, meet the language requirements and have sufficient funds. Successful applicants who receive the entrepreneur work permit can also bring their families to Canada. Individual entrepreneurs with this work permit can transition to a Permanent Residence (PR) status after one year of successful business operation in Canada.
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Intra-Company Transfer (ICT)
The Canadian Intra-Company Transfer (ICT) program allows multinational companies to transfer eligible employees to a Canadian subsidiary, affiliate, or branch. The program facilitates the transfer of knowledge and skills between international offices and supports the growth and competitiveness of Canadian businesses. The program has specific eligibility requirements, including minimum job requirements and is managed by Immigration, Refugees and Citizenship Canada IRCC. After a year of employment in Canada, there will be several pathways to PR status for Indian nationals who arrive on ICT work permits.
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Provincial Nominee Programs (PNP)
The Provincial Nominee Program (PNP) is a program designed by the Canadian government and the provincial authorities to allow Indian entrepreneurs, business investors and skilled workers to immigrate based on their qualifications and the potential to contribute to the economy of a specific Canadian province or territory. Each region has its selection criteria and eligibility requirements. British Columbia PNP and Ontario PNP are the favourite entrepreneur streams among Indian entrepreneurs.
Best Canadian business options for Indians
The Canadian IT industry offers good scope for Indians, with growing demand for skilled professionals in software development, cybersecurity, data analytics and cloud computing. Canada’s multicultural society, welcoming nature and business-friendly environment make it an attractive haven for ambitious Indian IT professionals. The National Association of Software and Services Companies (NASSCOM), the Indian Non-Governmental Trade Association, has an ongoing and healthy strategic partnership with the Canadian government. According to NASSCOM, Canada is touted as one the best countries globally for the growth and expansion of Indian IT Businesses.
The professional sector of Canada is globally renowned for its competency in HR consulting and financial strategies. The good news is that most of the leading Canadian HR consulting companies have increased business opportunities because of the shift of the existing workforce to non-traditional working environments. As a result, a large number of Indian entrepreneurs, business investors and qualified professionals are being attracted by the ever-booming finance sector of Canada.
The trading activities between India and Canada are essential for both countries as they provide enormous economic growth and development opportunities. India and Canada share a strong trading relationship, with India being Canada’s ninth-largest export destination and Canada being India’s 29th-largest trading partner. Increased trading activities will lead to more business opportunities, job creation, technology transfer and access to new markets.
Business statistics and guidance for Indian SMEs and business investors venturing to Canada
Given below are some of the statistical data accumulated over the years:
- The average investment budget for Indian SMEs and business investors is between $150 to $300.
- The average approval rate is 95%.
- The most common destinations are Alberta, British Columbia, and Ontario.
- The average processing time is two to three months.
Some of the flourishing Indo-Canadian business sectors in Canada:
- Hospitality industry
- IT consulting and services
- Franchised businesses (professional services and retail marketing)
- Trade (Textile industry, Jewellery, Medical supplies)
Significant reasons for rejections or non-approval of business immigration programs:
- Insufficiency of funds
- Inefficiency in convincing the viability of the business plan.
It is highly recommended that Indian SMEs and business investors venturing to Canada should conduct thorough market research to understand the Canadian market and consumer behaviour. They should also pay attention to legal and regulatory requirements and cultural differences. Business statistics such as GDP, inflation, and unemployment can provide valuable insights into the Canadian economy. It is also essential to seek guidance from local experts and establish relationships with potential partners or customers.
Success stories of Indians who reached Canada through us
We are proud to say that we could be the trusted travel partner for several of our highly esteemed clients. We helped them successfully immigrate to their dream destination, Canada, and will always strive to add up to our extensive list of happy clients.
9 significant steps for starting a Canadian business from India
Starting a business in Canada as an Indian can be an exciting opportunity; however, it requires careful planning and execution. Here are the nine steps to start a business in Canada from India.
1. Research: Conduct thorough research on the Canadian market and its associated regulations to better understand the business landscape.
2, Select a specific business structure: Decide on the type of business structure to register, such as a partnership, corporation or sole proprietorship.
3, Register your business: Register with the Canadian government to obtain licenses and permits.
4, Secure financing: Determine your start-up expenses and secure the funding with the help of loans, personal savings or investors.
5, Create a proper business plan: Develop a comprehensive business plan that outlines your goals, business strategies and financial projections.
6, Select a specific location: Decide on the place for your business activities and secure a commercial lease or go ahead and purchase the property.
7, Hire employees: Hire employees if necessary and abide the Canadian labour laws.
8, Set up proper accounting and bookkeeping: Establish adequate accounting and bookkeeping systems to manage your finances & taxes.
9, Launch your business: Launch your business. Start marketing and selling your products or services.
Few significant facts about Indo-Canadian Immigration
The immigration relationship between India and Canada dates back centuries. Since the 1960s, Indo-Canadians have become one of the largest visible minority groups in Canada. Indians have significantly contributed to Canadian society and culture, particularly in business, politics and arts. As per reliable sources of information, Indians occupy almost 4% of the top 10 of Canada’s total population. Most Indians come to Canada on business visas. British Columbia and Ontario provinces are the most preferred Canadian destinations by most Indians who immigrate under business immigration programs.
FAQs
Q: How to get a business visa to Canada?
You must determine your eligibility, collect your documents, complete the online visa application procedure, and attend the interview to obtain your business visa to Canada.
Q: What is the cost of getting a business visa in Canada?
The cost of getting a business visa in Canada varies depending on the type of visa and the applicant’s nationality.
Q: Will I get a visa if I own a business in Canada?
Owning a business in Canada does not guarantee that you will receive a visa. Applicants must meet all eligibility and application requirements.
Q: Is it possible to get a business visa to Canada from India?
Getting a business visa to Canada from India is possible by following the appropriate application procedures and meeting eligibility requirements.
Q: Will I be eligible for Canadian immigration if I buy a business in Canada?
Purchasing a running business in Canada is one of the most viable options for business immigration for entrepreneurs and foreign investors. You can buy a business franchise, invest in an existing business or even buy an existing one. You can successfully shift to Canada with the help of the C11 entrepreneur work permit or try the intra-company transfer method or any other suitable business immigration program. It is highly recommended that you always seek the assistance and guidance of expert immigration lawyers who can professionally handle your immigration needs.
