The Immigration and Refugee Protection Act
of Canada and its accompanying regulations primarily govern the way
in which foreign nationals are lawfully admitted to Canada for work
The following are the most common scenarios where retailers may
seek to bring foreigners into Canada:
Whether you are an established Canadian retailer with stores
primarily or solely in Canada, or a global company that is
contemplating stores in Canada, Canadian immigration law and its
effects on your company's ability to effectively operate are
significant in the retail sphere. From obtaining work permits for
key personnel to facilitate their entry into the country, to
establishing a store, planning for a grand opening and the
facilitation of a large set of guests as visitors to Canada, a
strong understanding of immigration law is important.
Retailers may seek to bring in senior
executives, managers and other skilled personnel to occupy key
positions for the first few years of their business in Canada to
ensure the fundamentals of the overall company are established. In
many instances employees can obtain work permits if eligible at the
border upon entry with the right paperwork, which includes legal
submissions which correctly assert eligibility in one of the many
available work permit categories. Examples include the NAFTA
Professional or NAFTA Intra-Company categories. Legal submissions
are usually accompanied by secondary evidence such as proof of
education and documents which confirm the legal relationships
between companies (articles of incorporation, media releases
If a person is not eligible for a
border application, visas and work permits may be secured through a
Canadian Consulate or embassy outside Canada. Ineligibility for a
border application is usually caused by the need for a visa based
on a person's nationality or the need for an immigration
medical which is based on the person's country of residence
within the past year.
Where retailers send foreign based
employees into Canada to inspect the possible purchase of an
existing retailer in Canada, these employees can usually come into
the country as business visitors who are work permit exempt. A
person trying to assert that they are a business visitor does not
need to complete any special forms to submit at the border, but it
is generally a good idea to come prepared with supporting materials
which corroborate the facts that would support being eligible for a
specific work permit exempt category (support letters from
employers, copies of contracts).
Similarly, where retailers bring
foreign based employees into Canada to conduct job interviews or to
train Canadian workers, employees can also typically enter Canada
under work permit exempt status.
Retailers should also be aware of the
new pre-filing form called an "Offer to a Foreign national
exempt from the Labour Market Impact Assessment Process" that
must be submitted in advance of travel to Canada for all work
permit applicants. This application is filed online in advance of
travel by the employer for their designated legal representative.
Those foreign nationals who arrive in Canada without evidence that
the pre-filing forms have been submitted, will be denied work
permits despite the efficacy of their legal claim to a permit.
Finally, the hiring/firing/retention
of temporary foreign workers involves a myriad of issues such as
employment contracts, work permit renewals, and transitioning
workers from temporary to permanent residents
Getting a good handle on Canadian immigration law helps to
ensure that key personnel can enter Canada, stay in Canada, and
establish all the necessary elements to make your retail business a
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.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
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.
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