Simplified Work Permit for Business People: The C11 and Intra-company Transfer
As you probably already know, having a written job offer from a Canadian company is not enough for a foreign national to become eligible to apply for a Work permit.
Generally, Canadian employers need to secure written permission from the Ministry of Labour to hire foreign workers. We call it the Labour Market Impact Assessment or LMIA. Once LMIA is issued, foreign workers become entitled to apply for a Work permit. This process is very complex and lengthy.
However, there are several exceptions to the LMIA granted under the International Mobility Program (IMP), which means that foreign nationals could be eligible to apply for a Work permit without the need of LMIA.
Today we would like to discuss specific exceptions suitable for business people. A businessperson is a foreign national possessing recent business management and/or business ownership experience and financial resources starting from CAN$300 000.
We selected 2 LMIA-exemption categories which may help business candidates enter Canada with Work permits via creating their own employment.
LMIA Exempt pathway for potential Entrepreneurs to Manage their Own Business in Canada by acquiring an existing business in Canada, opening a new business, or buying 50+ percent of shares of a Canadian business.
2. Intra-company Transfer Work permit: LMIA Exempt route for entrepreneurs owning international businesses outside Canada and willing to establish a parent company, branch, subsidiary, or affiliate in Canada.
What is interesting about these 2 options:
Under both categories, candidates create their own employment, which means that there is no need to look for a Canadian employer to get an offer of employment.
Candidate’s spouses and minor children may be eligible to join the applicant to Canada, while the spouse may secure an open Work permit for the duration of the principal applicant’s stay in Canada. Minor children (under 18 years old) may secure open study permits allowing them to pursue primary and secondary school studies under the same conditions as the Permanent Residents and Citizens of Canada (applicable to public schools).
Upon completing 12 months of employment in Canada as a business manager, Candidate may qualify to apply for the Canadian Permanent Residency within the Canadian Experience Class of Federal Express Entry stream. There is no age limit or educational requirements under this category, which means that literally anyone may qualify, even if they are over 50 years old and hold only a high school diploma. You just need to demonstrate Canadian Experience and language skills to become eligible.
Once the principal applicant successfully relocates to Canada with a Work Permit and starts developing his business, the business becomes a “Canadian employer”, even though it is owned and managed by the foreign national.
As a “Canadian employer” the business may hire foreign workers, which means that the candidate may, under certain conditions, hire more foreign workers including his family members (such as grown-up children, siblings, etc.) who could also accumulate Canadian employment experience and potentially become eligible to immigrate to Canada.
