The program grants successful Applicants and eligible dependents permanent residence in Canada and provides assistance with becoming established. Applicants receive leadership support, guidance and access to funding to assist with opening and operating their business in Canada through the designated Canadian organization that elects to support them.
Up to five (5) people can apply as owners.
To be eligible to apply, Applicants must meet the following requirements:
A Qualifying Business must meet the following conditions:
There is a designated number of organizations that may provide commitment to Applicants. Immigration, Refugees and Citizenship Canada (IRCC) has authorized certain venture capital funds, angel investor groups and business incubator organizations to partake in the Start-Up Visa Program.
Successful applicants must:
Support from multiple organizations is acceptable. The designated organizations must be identified and jointly provide IRCC with a single Commitment Certificate and provide the Applicant(s) one Letter of Support.
In a situation where multiple designated organizations are providing support, the minimum total investment amount is determined by the requirements of the contributing organization that invests first (i.e. if the business receives an investment from an angel investor group, but not a venture capital fund, the minimum total investment must be $75,000).
In order to help preserve the integrity of the Start-Up Visa Program and ensure that the activities of the designated organization and the Applicant are in line with industry standards, immigration officers may request an independent assessment of a commitment. These assessments are to be conducted by a peer review panel of experts assembled by the Applicant’s industry association.
The panel of experts are responsible for the following:
The Start-Up Visa Program provides Applicants with the option to apply for a short-term Canadian Work Permit under the International Mobility Program while they await a decision on the permanent residence application.
To be eligible to apply under the Self-Employed Persons Program, Applicants must meet the following requirements:Meet the definition of a self-employed person;
*Relevant experience includes having taken part in cultural activities or athletics at a world-class level or having been self-employed in cultural activities or athletics.
Decisions may be rendered within 21 months (including the time it takes to provide biometrics), provided that there are no complications.
Interested candidates must score at least 35 out of 100 points in the following criteria: Education, Relevant Experience, Age, Ability in English and/or French, and Adaptability.
Candidates are selected based on the following:
The International Mobility Program (IMP) represents a strategic initiative designed to bolster Canada’s position in the global economy. By facilitating the streamlined employment of foreign workers, the IMP serves as a testament to Canada’s commitment to fostering a dynamic and inclusive labor market.
The International Mobility Program is a Canadian government program that allows employers to hire foreign workers on a Canada work permit without necessitating a Labour Market Impact Assessment (LMIA).
The IMP provides a plethora of benefits to Canada. Foremost, it stimulates economic growth by filling job positions that might remain vacant due to local labor shortages. Additionally, by encouraging international talent to contribute to the Canadian workforce, it enhances cultural diversity, fosters innovation, and establishes Canada as a sought-after destination for skilled workers globally.
The Labour Market Impact Assessment (LMIA) is a crucial mechanism within Canadian immigration policy, gauging the necessity of foreign workers for a specific role. However, the International Mobility Program (IMP) offers an avenue for employers to bypass this assessment, fostering a more fluid hiring process for foreign talent.
The Labour Market Impact Assessment (LMIA) is a crucial mechanism within Canadian immigration policy, gauging the necessity of foreign workers for a specific role. However, the International Mobility Program (IMP) offers an avenue for employers to bypass this assessment, fostering a more fluid hiring process for foreign talent.
The IMP isn’t just a bureaucratic measure; it’s a strategic tool designed to bolster Canada’s global standing. By allowing LMIA exemptions, Canada can swiftly harness foreign talent, which in turn:
Beyond the immediate economic and cultural perks, the IMP also carries significant advantages for Canadian citizens and permanent residents. As Canada opens its doors to foreign workers, reciprocal agreements often mean that Canadians gain similar opportunities abroad. This mutual exchange enriches both the professional and cultural experiences available to Canadians, positioning them well in a globalized world.
The International Mobility Program (IMP) provides a streamlined approach for Canadian employers to hire foreign talent without the regular constraints of the Labour Market Impact Assessment. Here’s a glimpse of the categories of workers who can benefit from this program:
Trade Treaty Beneficiaries: Individuals coming to Canada under established trade agreements are prioritized. Key treaties include the Canada-United States-Mexico Agreement (CUSMA) and the Comprehensive Economic Trade Agreement (CETA).
Open Work Permit Holders: These are foreign workers who aren’t tied to a specific employer in Canada, giving them the flexibility to work for any employer and thereby fulfilling a wide range of roles.
Intra-company Transferees: Professionals, managers, or specialized knowledge workers who are transferred to a Canadian branch of their multinational company can also navigate their work permit process through the IMP.
These categories ensure that Canada remains competitive by attracting a diverse range of skilled professionals and workers to support its economy and business landscape.
Transition from NAFTA to CUSMA: The shift from the North American Free Trade Agreement (NAFTA) to the Canada-United States-Mexico Agreement (CUSMA) marked a new era in the trilateral trade relations. While there have been various changes, the core tenets of the agreement relating to trade and labor mobility remain foundational.
Significance of Free Movement of Business Personnel: One of the standout features of these trade agreements is the emphasis on the free movement of business personnel. This ensures that key personnel, traders, investors, and professionals can move seamlessly across borders, bolstering economic collaborations, ensuring smooth business operations, and promoting shared economic growth among the member nations.
Hiring under the International Mobility Program (IMP) often involves an employer compliance fee of $230. However, there are specific scenarios where this fee might be exempted. For instance, when hiring open work permit holders or when the positions are covered by non-trade agreements, the compliance fee may not be applicable.
The Immigration, Refugees and Citizenship Canada (IRCC) has set up the Employer Portal as the central hub for employers to make job offers to potential foreign workers under the IMP. Before employers can make an offer, they are required to register a profile on this portal. This registration serves as the primary gateway for all IMP-related communications and processes.
When making a job offer via the portal, employers are prompted to provide an array of details. These range from the duties associated with the job and the educational prerequisites to the experience required and the compensation package, inclusive of wages and other benefits.
It’s essential for employers to be meticulous when entering these details, as the information isn’t just for procedural purposes. It holds significant weight during federal government employer compliance audits. These audits are designed to ensure that employers are in line with the stipulated standards and conditions of the IMP.
For foreign workers to be legally employed in Canada under the International Mobility Program (IMP), a work permit is indispensable. The process, though rigorous, is systematic and has been designed to ensure both the employer’s and the foreign worker’s interests are safeguarded.
Once the employer has registered through the IRCC’s Employer Portal and successfully submitted the job offer details, they will receive a unique offer of employment number. This number is pivotal for the foreign worker as it forms an integral part of their work permit application. It’s a testament to the legitimacy of the job offer and plays a role in streamlining the work permit processing.
Upon reviewing the work permit application, the Immigration, Refugees and Citizenship Canada (IRCC) will issue one of the following:
Letter of Introduction: If the foreign worker is currently residing outside Canada, they will be issued a Letter of Introduction. This document doesn’t grant the bearer permission to work but serves as a precursor to obtaining the actual work permit.
Receiving a New Work Permit within Canada: If the foreign worker is already in Canada when they apply, or if they are applying upon entry, they will directly receive a new work permit. This permit grants them the legal status to work in the country under the terms specified.
For those who have received the Letter of Introduction, the final step in their journey to employment in Canada is at the port of entry. On arrival in Canada, they must present the letter to the Canada Border Services Agency officers. Provided all the requirements are still met and no discrepancies arise, the Letter of Introduction will be exchanged for the official work permit. This permit will then sanction the foreign worker’s employment in Canada.
The Canadian government has developed several initiatives to address the varying needs of its labor market, among which the International Mobility Program (IMP) and the Temporary Foreign Worker Program (TFWP) stand out. While they share some similarities in terms of their end goals, they cater to distinct categories of foreign workers and have unique operational frameworks.
The TFWP was specifically designed to allow Canadian employers to fill short-term gaps in the labor market. Under this program, employers can hire foreign workers for temporary positions when they can prove that there are no Canadians or permanent residents available to do the job. It often requires a Labour Market Impact Assessment (LMIA), a document that the employer needs to obtain, verifying that there is a genuine need for a foreign worker and that no Canadian can fill the job.
Employment and Social Development Canada (ESDC): ESDC is at the forefront of the TFWP. It is responsible for processing LMIAs and ensuring that employers meet the stipulated requirements. Their role is to assess the potential impact of hiring a foreign worker on the Canadian job market and to ensure that foreign workers are granted the same rights and protections as Canadian workers.
Immigration, Refugees and Citizenship Canada (IRCC): Once the LMIA is approved by ESDC, the foreign worker can then apply for a work permit. This is where IRCC comes into play. IRCC evaluates the work permit application, ensuring that the foreign worker meets all the necessary requirements to work in Canada.
Canada Border Services Agency (CBSA): The CBSA oversees the arrival of foreign workers at Canadian ports of entry. They validate the authenticity of documents and ensure that all conditions are met before allowing entry. Their main role is to maintain the security and integrity of Canada’s borders, ensuring that only eligible foreign workers gain entry to the country.
While both the IMP and TFWP aim to address labor shortages in Canada, their operational modalities and target groups differ. Understanding the nuances of each can help employers make informed decisions based on their specific needs.
Canada’s commitment to retaining talented international students who have chosen its esteemed institutions for their education is evident through the Post Graduation Work Permit (PGWP). This permit facilitates the transition of these students into the Canadian workforce, nurturing a symbiotic relationship that benefits both the graduates and the Canadian economy.
The PGWP serves as a pathway for international students to gain valuable work experience in Canada after their graduation. It’s a win-win initiative: Canada retains skilled individuals who contribute to the economy, while the graduates get the opportunity to work in their field of study, gain experience, and possibly transition to permanent residency.
The duration of the PGWP can be up to three years, depending on the length of the academic program completed. For instance, a student who completed a four-year bachelor’s degree might be eligible for a three-year PGWP, while someone who finished a one-year diploma might receive a permit for one year. The permit is an open work permit, meaning graduates can work for any employer in Canada and are not restricted to a particular job or location.
The PGWP comes with the added advantage of being exempt from the Labour Market Impact Assessment (LMIA) process. This means employers don’t have to prove that there’s a shortage of Canadian workers to hire a PGWP holder, making it easier for graduates to find employment.
To be eligible for the PGWP, candidates must have completed a program of study that lasted at least eight months at a recognized post-secondary institution in Canada. This includes public universities, colleges, and certain private institutions. Moreover, the academic program must have conferred a degree, diploma, or certificate upon completion.
The IMP offers flexibility for Canadian employers to hire foreign talent without the need for an LMIA. This can be particularly useful for positions that are aligned with trade agreements, have economic, cultural, or competitive significance, or are based on reciprocity benefits with other countries.
The employer compliance fee is typically required when hiring through IMP, but certain positions, like those filled by open work permit holders, may be exempt.
Workers coming to Canada under trade agreements like CUSMA or CETA, those on open work permits, and intra-company transferees are among the key beneficiaries of the IMP.
These treaties facilitate the movement of workers between member countries and allow certain professionals to work in Canada without a Labour Market Impact Assessment under the IMP.
No, the PGWP is exempt from LMIA requirements, making it simpler for employers to hire recent international graduates in Canada.
Employers should utilize the IRCC’s Employer Portal, register their profile, provide detailed job offer information, and pay the relevant employer compliance fee unless exempt. They will then receive an offer of employment number which the foreign worker uses for their work permit application.
The Temporary Foreign Worker Program (TFWP) is a Canadian initiative developed to address short-term gaps in the labour and skills market. The core aim of this program is to facilitate Canadian employers in hiring foreign workers for positions that are not being filled by Canadian citizens or permanent residents. The emphasis of TFWP is on the temporary nature of employment and is structured to ensure that foreign workers are hired only when there are genuine and short-term shortages in the domestic labor market. This program not only strengthens the Canadian economy by filling labor voids, but also fosters international cooperation and exchange of skills and expertise.
In-Home Caregivers, often from abroad, fulfill essential roles in Canada, providing specialized care for children, the elderly, or those with medical needs. Canadian households benefit from their diverse expertise and cultural experiences. The hiring process, while detailed, ensures caregivers are qualified and suited to specific household requirements. It’s vital for employers to understand application procedures, responsibilities, and caregiver rights to ensure a harmonious working relationship.
When hiring in-home caregivers, employers must meet specific criteria. This includes demonstrating a genuine need for a caregiver, providing suitable accommodation, and ensuring the caregiver’s salary matches industry standards. Caregivers themselves must undergo background checks, have relevant experience, and, in some cases, requisite medical examinations.
Caregivers, like all employees in Canada, are protected by labor laws. Typically, full-time caregivers work 40 hours a week. Any overtime must be compensated accordingly. It’s essential for employers to adhere to these regulations, ensuring fair treatment and compliance with Canadian employment standards.
Different households have varying needs, leading to different caregiver categories. While some may require assistance with general household tasks, others might need specialized care or expertise in specific areas.
Child caregivers, often referred to as nannies or au pairs, primarily assist with child-rearing. This includes everything from feeding and diapering younger children to assisting with homework and activities for older kids. A background in childcare or education is often preferable for these roles.
Caregivers in this category provide care to the elderly, those with chronic illnesses, or individuals with physical or mental disabilities. These caregivers often have a background in nursing or another relevant medical field. Their roles can encompass administering medication, monitoring health, and assisting with daily activities that the care recipient might find challenging.
In-home caregivers making a valuable contribution to Canadian households have opportunities to transition to permanent residency. Recognizing the importance of their roles and the bonds they form with families, the Canadian government offers specific immigration pathways tailored for them:
Home Child Care Provider and Home Support Worker Pilots: These caregiver-specific pilots allow caregivers to come to Canada with their families and work temporarily. After gaining two years of Canadian work experience, they’re eligible to apply for permanent residency.
Canadian Experience Class (CEC): Caregivers with at least one year of skilled work experience in Canada can consider this stream. It falls under the Express Entry system and prioritizes applicants based on factors like age, education, and work experience.
Provincial Nominee Programs (PNP): Various provinces have specific streams that target in-home caregivers. Once nominated by a province, caregivers can then apply for permanent residency.
It’s imperative for caregivers to remain compliant with work permit conditions and maintain legal status while in Canada. Before embarking on any immigration pathway, thorough research and consultation, preferably with an immigration expert, is recommended to understand the intricacies of each option and find the best fit.
Canadian academic institutions, in their pursuit of excellence, often look beyond borders to bring diverse perspectives and expertise to their campuses. Employing foreign academics serves a dual purpose. Firstly, it addresses the short-term skills and labour shortages in specialized academic fields. Secondly, it enriches the educational experience, promoting international collaboration and broadening the horizons of students and faculty alike.
Degree-granting post-secondary institutions benefit by introducing new methodologies, areas of study, and research techniques, thus reinforcing Canada’s reputation in the global academic community. This collaborative approach, backed by guidelines set by relevant Canadian authorities, ensures that while foreign talent is welcomed, the interests and career development of Canadian academics remain a priority.
To strike a balance between international expertise and the career aspirations of Canadian academics, specific hiring criteria have been instituted. These guidelines, formulated through collaboration between Canadian educational bodies, governmental departments, and academic unions, ensure that the recruitment process is transparent, just, and in line with national interests.
An academic, in the context of Canadian post-secondary institutions, refers to an individual possessing at least one postgraduate degree subsequent to a Bachelor’s. Their primary source of income should come from teaching or conducting research at Canadian universities or university colleges. This distinction becomes essential when considering roles that do not primarily involve teaching or research, such as administrative or financial tasks, which fall under a different hiring process.
Recent updates to the hiring process have introduced flexibility in the employment duration for high-wage academic positions. Employers can now propose an employment tenure of up to three years, which should reflect genuine institutional needs. However, in certain exceptional cases where the employer can provide a compelling reason, the duration may be extended beyond this period.
In certain circumstances, foreign academics seeking employment in Canadian educational institutions may not require a Labour Market Impact Assessment (LMIA) or even a work permit. These exemptions are provided under the Immigration and Refugee Protection Act (IRPA) and are designed to facilitate the smooth hiring and onboarding process of academics with specialized skills and talents.
There are specific roles within academic settings that enjoy these exemptions:
Academic Consultants and Examiners: Professionals engaged in evaluating academic courses or academic achievements.
Graduate Assistants: Typically students who assist professors in research or teaching while pursuing their graduate studies.
Self-funded Researchers: Individuals who conduct research without relying on funding from the hiring institution.
Post-doctoral Fellows: Academics pursuing advanced research after obtaining their doctoral degree.
Research Award Recipients: Those who receive awards for conducting specific research projects.
Eminent Professionals: Leaders and renowned individuals in their respective fields.
Guest Lecturers: Professionals invited to give specific lectures or series of lectures.
Visiting Professors: Established academics invited to teach or conduct research for a limited period.
Additionally, some trade agreements, like the North American Free Trade Agreement (NAFTA) and the Canada Chile Free Trade Agreement (CCFTA), provide special provisions for professors from the U.S., Mexico, and Chile.
These exemptions streamline the process for academic institutions to attract global talent, ensuring that Canadian students and research programs benefit from diverse expertise and knowledge.
A Labour Market Impact Assessment (LMIA) is a tool employed by Canadian employers to verify the necessity of hiring a foreign worker for a job that cannot be filled by Canadians or permanent residents. It evaluates the potential economic impact of hiring a foreign worker and confirms that there is a genuine need for a foreign worker to fill the job. It’s a pivotal step for most employers aiming to hire foreign talent.
The validity duration of an LMIA can vary based on different employment sectors and the nature of the job offer. It’s essential for employers to be mindful of the expiry date and make any necessary adjustments or renewals in a timely manner. Employers should consult relevant guidelines to ensure compliance with LMIA duration stipulations.
When employers seek to hire foreign workers at wages above the provincial or territorial median hourly wage, they fall under the High-Wage Stream of the LMIA. Under this stream:
Note: For in-home caregivers, an LMIA is not necessary. This offers flexibility to families and individuals looking for caregiver services, ensuring a more streamlined hiring process.
The TFWP allows Canadian employers to address short-term labor shortages by hiring qualified foreign workers when Canadians or permanent residents are not readily available for the job.
The duration of a work permit under the TFWP varies based on the job offer and the worker’s country of origin. However, most permits are issued for one to two years. Extensions can be sought, but there are limits to the total duration a temporary foreign worker can remain in Canada.
An LMIA is a document that Canadian employers need to obtain before hiring a foreign worker through the TFWP. It serves as proof that there is a genuine need for a foreign worker and that no Canadian worker is available to do the job.
Yes, there are certain situations and occupations where a foreign worker may not need an LMIA to work in Canada, such as in-home caregivers or certain types of foreign academics. It’s essential to check the specific requirements for each job category.
While both programs allow employers to hire foreign workers, the TFWP requires an LMIA, indicating no Canadian worker can fulfill the role. The IMP, on the other hand, allows employers to hire foreign workers without an LMIA due to broader benefits like international agreements or the cultural or economic benefits the workers bring.
Yes, many temporary foreign workers transition to permanent residency through various immigration pathways, such as the Canadian Experience Class or Provincial Nominee Program. The specific requirements vary, so it’s crucial to review the criteria for each program.
You are a business visitor if you:
In order to qualify as a business visitor to Canada, Applicants must prove that they:
Activities that are eligible to be conducted as a business visitor include:
Note: Under the North American Free Trade Agreement (NAFTA), U.S. and Mexican nationals may also take part in business activities such as research, marketing and general services as business visitors.
In order to enter Canada as a business visitor, applicants may need a visitor visa or an Electronic Travel Authorization (eTA). Our associates at Pace Immigration would be pleased to help you figure out what type of authorization you need. Contact us today for more information.
Applicants arriving at the border as business visitors must have the following documents on them (not packed away in their suitcase):
Intra-company transfers represent a unique opportunity for businesses to move their valuable employees between international branches, subsidiaries, or affiliate offices. These transfers foster knowledge sharing, enhance global business operations, and streamline project executions. Pace Immigration is here to guide both employers and employees through this intricate process.
For professionals transferring from Canada to the U.S., the Canada-United States-Mexico Agreement (CUSMA) is instrumental. It caters to individuals in managerial, executive, or specialized roles with at least a year of recent service. The L-1 Visa, which differentiates between managerial roles (L-1A) and specialized knowledge roles (L-1B), is central to this. While existing entities get a three-year visa, newer ones receive one year, with extension options.
Conversely, for transfers from the U.S. to Canada, Canada’s intra-company program offers temporary work permits, a potential pathway to permanent residency. Eligibility is defined for Executives, Senior Managers, or those with ‘specialized knowledge’. This program sidesteps the Labour Market Impact Assessment (LMIA), speeding up transfers. Additionally, professionals can bring families, with spouses or common-law partners eligible for open work permits.
CUSMA (Canada-United States-Mexico Agreement) facilitates intra-company transfers between Canada and the U.S. To qualify under CUSMA, a transferee must be employed by a Canadian business and is transferring to a related entity in the U.S. The roles typically fall under managerial, executive, or specialized knowledge capacities. Additionally, the employee should have at least one continuous year of service within the three years preceding the application.
The L-1 visa is central for Canadian employees transferring to the U.S. It covers those moving to a U.S. subsidiary, affiliate, or related enterprise. The L-1 is categorized into L-1A for managerial/executive roles and L-1B for roles requiring specialized knowledge.
The application begins with the U.S. employer submitting the I-129 petition. Once approved, it grants the employee L-1 classification, allowing them to work in the U.S. During entry, transferees should have pertinent documentation, including proof of the qualifying relationship, their role, and prior employment records.
L-1 visas for existing companies are initially valid for three years, with the possibility of renewal. New businesses receive a one-year visa. Extensions can be acquired in two-year increments, with maximum durations of seven years for L-1A and five years for L-1B.
Canada’s intra-company transfer program attracts international talent to Canadian branches of global businesses. Approved applicants receive a temporary work permit, which can be a pathway to Canadian permanent residency, leveraging the Canadian points-based immigration system.
Transferees must fit into one of the following: Executives who predominantly oversee enterprise management; Senior Managers responsible for significant departments or functions; or workers with ‘specialized knowledge’ relevant to the company’s products, services, or processes.
This program omits the need for a Labour Market Impact Assessment (LMIA), expediting and simplifying the transfer process. The skills and knowledge transferees bring are deemed to offer ‘significant economic benefit’ to Canada, irrespective of their country of origin.
Transferees can bring their family members along. Spouses or common-law partners can avail of open work permits, further enhancing the integration experience in Canada.
The Federal Business Immigration Programs match the skills and experience of successful business people who want to settle in any province excluding Quebec, whether you’re self-employed, want to grow or start a business in Canada, or simply want to contribute to the Canadian economy.
Our team of professionals are prepared to assist you in taking the next step in your business immigration efforts as there are an abundance of possibilities and opportunities to help drive the expanding Canadian economy. Our reputable business immigration experts will provide top-notch legal aid as they walk you through the immigration process, from eligibility to permanent residency, so you can focus on your business while resting assured that you and your business are in the best of hands.
Call us now or fill out the form to discuss your case with an experienced legal professional.
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East Tower, 6th Floor
Markham
ON L3R 0B8, Canada
Phone: 1-877-236-3060
Fax: 416-236-1809