Immigration programs make Canada a popular destination for business including working or immigrating

Pandemic living is tough wherever you are in the world, but there has never been a better time to  work or immigrate to Canada.

Although many were skeptical about Canada’s ability to fulfil its aim of admitting 400,000 permanent residents in 2021 – particularly while the Covid crisis rumbles on – Immigration Minister Marco Mendicino recently confirmed there was no sign of a slowdown. In January, almost 27,000 newcomers arrived in the country, putting us on course to hit the target by December.

Then in February, the federal government invited another 27,000 express entry candidates to apply for permanent residence under the Canada Experience Class – a new record for a single draw.

And there could be plenty more where they came from, if a recent Boston Consulting Group survey is to be believed. Canada topped the company’s “most desirable” global location for migrants for the first time, pushing the U.S. into second place.

BCG polled more than 200,000 people worldwide and put the results partly down to distaste American nationalism, combined with Canada’s “broad appeal.”

“[Canada] is the number-one work destination for many of the types of people that countries prize, including those with master’s or PhD degrees, those with digital training or expertise, and those younger than 30,” the BCG report’s authors added.

Innovative, flexible and speedy programs

A multitude of programs for permanent residence offered by Immigration Refugees and Citizenship Canada have consistently sent the message that this country is open for business, and global companies – particularly those in the tech sphere – are taking note.

In my experience, a huge factor in Canada’s attractiveness to investment is the innovation, flexibility and speed of our immigration system.

The Global Talent Stream, launched in 2017, is a great example. It allows employers to bring in highly-skilled temporary foreign workers with a processing time for work permits of just two weeks.

Under the new GTS, employers referred to Employment and Social Development Canada (ESDC) by one of its designated referral partners can hire foreign workers with “unique and specialized talent” to help the business grow. Alternatively, companies can hire without a referral as long as the foreign national is highly skilled in one of the occupations listed by ESDC, which includes computer and software engineers, database analysts and web designers. Once workers are in Canada, the transition to permanent residence can be a smooth one for those who wish to stay.

Companies with a Canadian base can use intra-company transfers to bring management level or specialized employees into the country. Other pathways to permanent residence include the nominee programs run by each Canadian province, which allow them to target newcomers depending on local labour market needs.

Entrepreneurial schemes

For entrepreneurs looking for fresh options once the Owner-operator category is phased out from the Temporary Foreign Workers Program, IRCC’s intra-company work permit can also be used by business owners who want to expand to Canada. Permit holders are able to split their time between their foreign and Canadian bases, once they’ve proven a relationship between the two businesses and shown the viability of their Canadian operations.

Trade deals such as the NAFTA-replacement CUSMA and CETA – Canada’s agreement with the European Union – also include investor provisions that entrepreneurs may be able to take advantage of. Citizens of the US and Mexico who invest in new or existing Canadian businesses may be able to secure a work permit as long as the enterprise will benefit the local community, while EU citizens may be able to stay in Canada for a year without an LMIA if they’re part of an operation injecting significant capital into a Canadian business.

Self-employed and entrepreneurial candidates can also seek entry under IRCC’s International Mobility Program to run a business on a temporary basis, as long as they control at least half of the company and are able to demonstrate that it will generate “significant economic, social or cultural benefits or opportunities” for Canadians. The program also allows applicants to seek either temporary or permanent residence in Canada.

Why you need an immigration lawyer

Still, to fully exploit the opportunities offered by IRCC’s world-leading programs, businesses and individuals interested in coming to Canada really need the guidance of an experienced Canadian immigration lawyer.

The flip side of IRCC’s flexibility is a constantly evolving set of requirements, guidelines and occupation lists that lawyers in the field are required to keep up to date on.

And as user-friendly as an online portal might appear, there’s no hiding the complicated and technical nature of the underlying programs and processes. I’ve had too many clients approach me after a failed first attempt to apply alone, thanks to simple mistakes that cost more to fix than if they had hired me from the outset.

In addition, the internet is full of legal-looking information and advice from people holding themselves out as immigration representatives, when in fact they may not be qualified to practice Canadian immigration law or represent you in court, if necessary.

For more on the value of immigration lawyers, visit the Canadian Bar Association: https://www.cba.org/For-The-Public/Immigrating-to-Canada/Quick-Reference/Key-to-Successful-Immigration