If you’re a businessperson seeking to immigrate to Canada to do business, there are a number of immigration laws and programs aimed at making it possible for you to gain entry. In addition to that, the system also assists you in starting new branches of your business in Canada.
The first important thing you need to take into account as a business owner when planning to gain entry into Canada is immigration laws. You need to look at your options and decide which strategy would be best for entering Canada. You need to find out which permits you need to enter the country as a business owner and how legislation affects your immigration.
Legislation on Immigration
Among the most important laws affecting your entry into Canada as a business owner is the Immigration and Refugee Protection Act (IRPA) and its accompanying regulations. The act will affect how you do business, the way you manage your human capital and issues with liability.
More specifically, the Act affects:
- Human resource management, especially when it comes to employing workers from outside Canada
- Your ability to gain entry into Canada as a business owner
- Your ability to get permanent residence in Canada
- Your exposure to possible liability as a result of violating the act
Impact of the Canadian Immigration System on Your Human Resources Management
As a business owner, it is important to note that only Canadian citizens and permanent residents can work in the country without legal authorization. If you’re considering hiring foreign nationals to work in your business, they will need to get work permits when immigrating to Canada.
Their work permits will have details of your business, the kind of work the foreign nationals will be doing for your business, and where they will be working in the country. The document also specifies its validity period as well as conditions that the foreign nationals must adhere to while working for your business.
In cases where you want to bring your business’ foreign employees into Canada, it may not always be clear whether they are business visitors or foreign workers that require work permits. The definition of work under the IRPA is broad.
The Act considers an activity work if it generates commissions or wages, and if it is in direct competition with permanent residents’ or Canadian citizens’ activities in the country’s labor market. Foreigners are typically considered business visitors if they come into the country to briefly conduct international business.
Some of the activities that qualify foreigners to enter Canada as business visitors include:
- Attending conferences, trade shows, seminars, etc.
- Delivering some form of after-sales services to customers who are citizens or permanent residents
- Searching for business opportunities
- Providing training to citizens employed in your business as a professional trainer
These are a few of the numerous ways that the Canadian immigration system affects the way you hire foreign nationals or bring foreign employees into the country. Understanding the system enables you to better navigate the system as a business owner.
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