Given the complexities of a typical business acquisition, it is
frequently the case that immigration issues slip well down the
priority list for such a transaction. From dealing with entry
into Canada for the purpose of conducting due diligence, to
deciding whose responsibility it is to employ foreign workers post
transaction, immigration issues should be on any foreign
In a situation where a foreign-based company is purchasing a
Canadian company and needs to have its personnel enter Canada to
conduct due diligence, in many instances representatives of the
purchaser can enter as business visitors, as long as they engage in
activities which are deemed to be international in nature, remain
on the payroll of the foreign based company, and are not seen to be
entering into the Canadian labour market. Business visitors
do not require Canadian work permits to engage in such business
activities on Canadian soil.
If these employees are not U.S. citizens or green card holders
they may require a special temporary resident visa to enter Canada
if they are nationals of certain designated countries (examples:
Brazil, China, Russia). Temporary resident visas cannot be
applied for at the border or from within Canada and must be secured
prior to travel through a Canadian Consulate, high Commission or
Embassy outside Canada.
In some asset purchase transactions, where offers of employment
are made to employees of the vendor, care needs to be taken with
respect to any workers of the target who are on work permits as
work permits are generally employer specific. In most
instances, before a purchaser can employ such a foreign worker, the
employee needs to apply to Canada Immigration to vary the terms of
his or her admission to Canada to be able to work for the purchaser
after closing. If that is the case, a new work permit needs
to be issued showing the purchaser as the employer of the
employee. In some cases, this will also require the purchaser
to make application to Service Canada (formerly Human Resources
Skills Development Canada) for a Labour Market Opinion to be able
to employ the foreign worker. As a result, any offer of
employment made to the foreign worker by the purchaser should be
made conditional on the foreign worker applying for and obtaining a
new work permit as described above.
Work permits are also usually required when the purchaser needs
to bring in specialized workers and senior executives
post-acquisition to guide the newly acquired company until such
time as the company can transition the Canadian office and finds
suitable Canadian replacement employees.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
A unique feature of the new Canada express entry immigration system is that candidates can improve their comprehensive ranking score while in the express entry pool, without submitting a new application. We review important strategies.
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