Business Immigration

Business Immigration

Developing new international business partnerships and welcoming foreign business professionals to successfully settle and begin commercial operations domestically is a value Canada strives itself on. By establishing new business practices and creating new jobs, this process brings value to the Canadian labour market and further forges new import and export ties on an international level.

The Business Immigration Program has recognized the need for facilitating the process of building new businesses and developing international economic ties. As a result, this Business Immigration Program is taking advantage of favourable attention from the IRCC, allowing for the streamlining of international immigration and investment.

Immigrant Investor Program

The Immigrant Investor Program is designed to bring skilled business investors to Canada in order to generate employment and support business growth. In order to participate in the program, individuals must demonstrate

• Possess the required business experience 
• Legally obtained net worth of $1,600,000 CAD 
• Willing to invest $800,000 CAD 

This investment will be returned to the investor in full without interest after a period of 5 years, during which time the funds will be utilized by the IRCC to promote economic development and job creation at the provincial and federal levels.

Skilled Workers

NORTH-AM can assist skilled workers in obtaining an Invitation to Apply and efficiently processing their Express Entry immigration documents.

Our services include:

1. Advising on the most suitable strategy and immigration program (such as Skilled Workers, Skilled Trades, Provincial Nominee, or Canadian Experience)
2. Assembling the necessary documents and establishing an immigration file
3. Securing an invitation to work
4. Providing representation for the client
5. Providing full support throughout the process

LMIA (Labour Market Impact Assessment)

To obtain a temporary work permit in Canada, it is necessary to obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC)/Service Canada. This assessment verifies that a business has the ability to hire a temporary worker.

A LMIA is used to confirm that a temporary worker is required for a specific job and that there are no Canadian citizens or permanent residents available to fill the position. This process gives priority to Canadian residents over foreign nationals. Employers who wish to hire temporary workers through the Temporary Foreign Worker Program (TFWP) must apply for an LMIA and pay the applicable fee. 

The final decision on issuing work permits lies with Immigration, Refugees and Citizenship Canada (IRCC), and is based on the current labor market conditions. It is important to be aware of the most up-to-date information and to accurately complete all necessary documents in order to increase the chances of a successful application.

LMIA Application Process

The process of applying for an LMIA can be lengthy and complex, and failure to meet all of the necessary requirements or not knowing which requirements are critical can lead to a denied application. 

This can be costly for both the employer and the potential employee. If a business receives a negative response to their LMIA application, it may decrease their chances of success when re-applying in the future. 

The application process for an LMIA may take a few weeks or several months, but there are some categories that may be eligible for an expedited process: 

• Highest demand occupations as defined by region 
• Top 10% highest paid occupations 
• Short-duration work periods (120 days or less)

LMIA Requirements & Eligibility

A crucial element of a company’s LMIA application is providing documentation that demonstrates their inability to find an employee with the necessary skills locally. The application should also include information on the job openings being advertised, the number of Canadian residents who have applied, those who have been interviewed, and the reasons for not hiring them.

Employment and Social Development Canada (ESDC) considers the following when assessing the eligibility of the applicant:

• Were the appropriate standards met when advertising the position in terms of duration and circulation? 
• Will hiring a foreign worker contribute to job creation in Canada?
• Are the salary requirements for the advertised position being met?
• Are the working conditions acceptable? 
• Did the company make a sufficient effort to fill the position with a Canadian resident?
• Is the industry in the region stable enough to support foreign labour?

It is essential to note that LMIAs are issued specifically for the company and job position specified in the application. If a work permit has been issued to a foreign worker based on an LMIA, the worker is not permitted to work in any other occupation or change location.

There Are Exceptions For Certain Job Positions, For Which LMIA Is Not Required:

• Jobs covered under international trade agreements, such as the North American Free trade Agreement (NAFTA) 
• Jobs covered under agreements between the federal and provincial governments 
• Jobs considered to be in the best interests of Canada

There is a limited list of approximately 500 LMIA-exempt employers across Canada who do not need to obtain an LMIA. Job offers from these employers will result in a faster process for obtaining a work permit.

Apply for a LMIA

Selecting the appropriate strategy based on expertise is crucial for obtaining an approved LMIA. The immigration consultants at NORTH-AM have a high success rate in this regard. When evaluating a company for an LMIA, we consider recent changes in immigration law to minimize the risk of a negative outcome.