Move Your Business to Canada under the Guidance of a Canadian Immigration Lawyer

Are you thinking about moving your business to Canada?If so, this post is right for you..

Canada is a popular choice for entrepreneurs, business immigrants, and skilled workers from around the world. If you plan to expand your business to Canada and need a Canadian work permit, the Intra-Company Transfer (ICT) program could be the right option.

The ICT program offers an excellent pathway for foreign companies to establish a presence in Canada and transfer professionals, such as executives, managers, or specialists, to work there.

Let us delve into the steps for Business immigration to Canada in detail.

What are the Steps to Expand Your Business to Canada?

Firstly, check if your existing business meets the ICT requirements.

Criteria for Foreign Companies

• Maintain Active Operations

The home company must be fully operational and actively sell goods or services, employ staff, and generate revenue.

• Show Business History

The company must have operated for at least one year, proving its stability. If it is older than one year, it will strengthen your application.

• Sufficient Revenue

The company must generate sufficient revenue and demonstrate that you have enough funds to relocate your business to Canada. It would be great if the business showed gross sales of at least CAD 300,000+ to support its expansion.

• Ensure Liquid Funds

Set aside a minimum of CAD 100,000 to sustain operations in Canada for the first year. If these criteria do not meet yours, you may contact us for further strategies to meet the minimum liquid funds.

• Provide Expansion Justification

Provide a clear reason for expanding, such as improving service to North American customers or tapping into Canada's export potential.Our immigration lawyer is available to assist you at every stage if you need knowledgeable counsel and direction.

Criteria for Applicants 

As a candidate, you have to fulfill the taking after conditions:

• Position

You have to be utilized by your domestic company in an official, administrative, or specialized information work.

• Work Experience

You must be a current employee and have worked for the home company for at least one year within the past three years.

• Similar Position in Canada

The role in Canada must be similar to the current position.

How to Set Up Your Business in Canada? 

Establishing your business in Canada requires careful attention to its ownership structure. According to the law, your Canadian firm needs to be related to your current home country business as a parent, subsidiary, or affiliate. Your Canadian company must be officially registered as a parent, subsidiary, or affiliate of your existing business.

Ensure that your Canadian company is connected to your existing business through one of the following relationships:

• Subsidiary Structure:

Your foreign company owns and controls the Canadian entity.

• Parent Structure:

Your Canadian company holds ownership and control of your home country's business.

• Affiliate Structure:

The same individuals or groups control both foreign and Canadian companies.

Once you have determined the corporate structure, select a location for your corporate office. If you are establishing a federal company, at least one Canadian Director is required. Provincial rules vary; for instance, British Columbia and Ontario don't require a Canadian Director, but Alberta requires at least one Canadian Director to manage your Canadian operations. If needed, it will be best to seek advice from an Immigration lawyer or accounting firm to navigate this process.

What Steps Are Involved in Applying for Your ICT Work Permit? 

With your Canadian company now established, the next step is applying for an ICT work permit to operate within the new business.

To support your application, you must submit the following documents to Canadian immigration officers:

Collecting all Foreign Company Documents 

• Company Registration: Provide documents showing your company's establishment date (at least one-year-old).
• Proof of Engagement: Include evidence of business operations such as a website, marketing materials, tax filings, licenses/permits, commercial lease agreements, and employee remittance payments.

Prepare Applicant's Employment History 

• Employment Records: Submit your employment contract, records, and pay slips.
• Tax Filings: Include personal tax filings with employment details, proof of remuneration or dividend payments (if applicable), the company's organization chart, business cards, and reference letters.

Compile Financial Documents

• Company's Financials: Provide tax reports with gross revenue details and sales reports. Also, include corporate bank statements showing sufficient funds for expansion.

Document Canadian Company Details

• Company Registration: Provide registration documents (Articles of Incorporation), licenses, and permits (if any), a shareholder agreement or share certificate confirming ownership, a lease agreement (if any), financial documents, marketing material from websites, etc.

Include a Business Plan (for First ICT Transfers)

• Expansion Plan: Outline the rationale for expansion, proposed business activities, investment amount, cash flow projections, and hiring plan.

Submit a Transfer Letter

• Role and Rationale: Include a letter from the home company detailing the applicant's current role, the position in Canada, and the necessity of their presence.

What Personal Documents Are Required for the Applicant? 

• Resume
• Educational Credentials
• Certificates & Licenses
• Reference Letters
• Evidence of Expertise
• Ties to Home Country
• Travel History
• Police Clearances
• Medical Examination Results

How Long Is the ICT Work Permit Valid? 

ICT work permits are usually valid for two years. For newly established companies, the initial permit is often granted for one year with the possibility of extension.

Can Family Members Accompany You? 

Absolutely, the holder of the permit may bring their spouse, partners, and minor children into Canada.

How Long Does It Take to Receive Your Work Permit for Canada? 

The preparing of a work allow application ordinarily takes one to four months. You will be issued a work visa upon approval, allowing you to enter Canada.Canadian authorities will issue your work permit at the port of entry, depending on your citizenship.

What Are the Requirements for Extending Your ICT Work Permit? 

To extend your ICT work permit, you must show Canadian immigration authorities that you have successfully established and are actively running your business in Canada.

What Are the Factors Considered When Extending Your ICT Work Permit? 

Several factors come into play when the Canadian immigration officer assesses your ICT work permit extension. You have to demonstrate that your company is doing well and is running in Canada.

Here are some of the factors that Canadian immigration officers consider:

• Active Business Operations

Show that your business is actively selling goods or services, both in Canada and internationally. You must provide evidence that your business generates enough revenue to cover the costs of your operations and pay your employees.

• Office Space Requirement

Ensure that your company maintains a physical location in Canada rather than operating solely online. Despite the rise of remote work, your business must have a commercial space—such as an office or co-working space—where you and your employees work. Confirm that you have secured this physical office or commercial space in Canada.

• Local Workforce

The officer will review whether your company employs staff within Canada. You need to have at least one local employee, even if other staff work remotely. Demonstrating that your presence is crucial and that your leadership contributes to the ongoing success of your business in Canada is also necessary for the permit extension.

• Foreign Company Activity

Ensure your foreign company continues to operate actively in your home country. Maintain the same ownership structure as when you initially applied for the ICT work permit.

The factors mentioned above have to be considered vital if Canadian immigration authorities are to extend the ICT work permit.

How Can You Transition from an ICT Work Permit to a Canadian PR? 

Once you have worked in Canada for 12 months under an ICT work permit, you might qualify to apply for Canadian PR. If you meet the eligibility requirements and secure competitive CRS points, you can apply for PR through the Express Entry stream.

If you have a job offer from your Canadian employer, you can earn additional CRS points—up to 200 for executives and senior managers or 50 for specialized skilled workers. These extra CRS points can enhance your chance of getting PR. Another significant advantage is that you get an exemption from the LMIA approval process.

What Are the Express Entry Eligibility Requirements?

To apply for permanent residence under the Express Entry program after your ICT work permit, you must meet specific criteria, along with other requirements:

• Score at least CLB 7 in language proficiency (IELTS General Test score of 6 in each band).
• Possess a post-secondary education of at least one year.
• Provide a police clearance for any country where you have lived for more than six months in the last ten years.
• Be medically fit with no severe medical conditions.

Navigating the immigration process can be complex; unfortunately, fake services in this field are rising. It's essential to protect yourself from fraud by working with trusted professionals.

Why Choose ImmiLaw Global for Immigration Services? 

With decades of experience, ImmiLaw Global is led by expert immigration lawyers with deep knowledge of Canada's immigration system.

We provide:

• Expert Guidance: Led by a seasoned Canadian immigration lawyer with years of experience.
• Tailored Solutions: We help you identify the most suitable immigration pathways and manage all paperwork.
• Strategic Representation: We strategically present your business and investment opportunities, addressing potential issues proactively.
• Comprehensive Support: Our extensive experience ensures effective navigation through Canada's immigration landscape.

Please contact us with any questions you may have.

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