Investor & Entrepreneur Immigration
Can my brother invest in Canada?
Question: My Brother wants to immigrate to Canada from India. He is an Indian citizen and wants to immigrate to Canada as an investor. I want to know the conditions he has to fulfill and whether you can help him. Thank you.
Answer: The federal business program is reduced now, compared to the previous business programs.
Your Brother might qualify for a start-up business, but this should be thoroughly investigated and assessed.
Another option could be the investor pilot project introduced from late January 2015, which has a limited cap to see how the program performs and benefits Canada’s economy.
There are some provincial alternatives aside from the federal program. This category tends to be the least complicated of the three, although all are quite involved but requires a large financial investment.
The self-employed category applies mainly to outstanding athletes, persons who can make a significant cultural contribution or those who intend to buy a farm in Canada and can establish at least 2 years of relevant business experience. There are many other conditions and legal considerations your brother must be aware of, before making a final decision and determining which the most suitable category is. I would recommend hiring a good lawyer to represent him.
Can someone apply for citizenship based on their entrepreneurial practice in Canada?
Question: I came to Canada under the business category, as an entrepreneur. Together with cousin of mine from Canada, I founded a company that deals with oil equipment. I used my contacts from my previous job in the Middle East and we were extremely successful with our company. To secure contracts for our business I had to travel a lot, and because of this I stayed away from Canada a lot. I would like to apply for citizenship and I wonder whether I qualify for this or not. Your advice would be much appreciated.
Answer: As you probably are aware, CIC removed the conditions on all entrepreneurs who became permanent residents. So, if you worked for a Canadian company overseas, you still preserve your permanent resident status.
With respect to your citizenship – this may be problematic. Under the Citizenship Act (CA) and the Immigration and Refugee Protection Act (IRPA) There is a different physical residence test. So although under IRPA a permanent resident is entitled to travel related to Canadian business and may still receive credit for physical presence in Canada during that time, under the Citizenship Act you must be actually in Canada with very few exemptions and as such extensive travel may disqualify you at this time. Good luck!
What are the new regulations regarding the Labour Market Impact Assessment (LMIAs) applications?
Question: I have a small company and in the past, I have applied and obtained positive Labour Market Opinions (LMO) and then work permits for a few foreign workers. I heard that there are new regulations and I wonder what is this all about? Will this affect my future applications for LMOs?
Answer: Effective June 2014, Employment and Social Development Canada / Service Canada (ESDC / SC) announced and implement significant changes for employers to hire temporary foreign workers. The new regulations seek to improve the protection of workers and enhance program integrity.
As an employer, you may need to apply for a Labour Market Impact Assessment (LMIA) (former LMO) before you can hire a foreign worker or get pre-approval to hire a large number of workers.
A positive LMIA will show that there is a requirement for the foreign worker to fill the job you offer and that there is no Canadian employee accessible to do the job.
ESDC/ SC will conduct a checking with employers, their job offers, the authenticity of the job offer, the viability of the employer to pay the salaries as per their job offer, positions and work environments in general. Once the foreign worker on place, ESDC will continue to monitor employers in terms of compliance with the job offer, a position offered, whether the terms and conditions offered are satisfied as per their agreement with the foreign worker. In the case of new LMIA applications, ESDC will verify the employers’ past compliance towards the recruited foreign workers. Positions and wages are also an important component of the compliance check.
Important Changes: Using Wage Instead of National Occupation Codes
- Wage levels will replace the National Occupational Classification (NOC) as the main criteria for administering the TFWP, as wages constitute a more accurate reflection of occupational skill level and local labor market conditions.
- Jobs for which salaries are below the regional or territorial median wage will be measured “low-wage,” while those being paid at or above the regional/territorial median will be measured “high-wage.”