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BUSINESSMAN FAQ'S

There are a number of questions I am being frequently asked about immigration.
I will provide you with some of the most popular questions and more importantly the answers to the questions.

Q: If I am a successful businessman from in my own country how can I get to Canada quickly to commence work and to commence immigration?

Answer: If you are a successful businessman in your home country generally you have a company in your home country that you own. Generally you are a director or officer or senior manager in the company. If the company sets up a Canadian company in which the shares are owned fully or partially by your home country company or by you this is a related company. You can apply for an intra-corporate work visa to allow you to transfer from the non-Canadian company to the Canadian company. You can take the position of general manager of the new company. If you qualify for this type of work visa you can obtain this work visa quickly.

The advantage of doing this type of work visa is there is more certainty and it is much faster to obtain. You can come to Canada quickly and be working while you choose your business immigration option rather than waiting in your home country.

For most work visas you need the job to be advertised to find out if a qualified Canadian is available. You also require the approval of Human Resources Skills Development Canada (“HRSDC”). This HRSDC approval is difficult to obtain. The procedure takes a minimum of 10-12 weeks. After you obtain HRSDC approval you still need to obtain Citizenship and Immigration Canada approval (“CIC”).
 
With the intra-corporate work visa application there is no need to advertise or obtain HRSDC approval. You only need to obtain CIC approval.

To obtain CIC approval you can apply either at a Canadian Embassy or Consulate in your home country or at a Port of Entry in Canada. For a non-Canadian businessman the options would be the Vancouver International Airport office of CIC, Canadian Embassy in the businessman’s home country or at a land border crossing such as Douglas Border Crossing between Canada and the USA.

I recommend to my clients that you go to the Vancouver International Airport CIC office. There is an informal system of pre-approval set up at the Airport. You can send in the application for a preliminary approval. If you have the preliminary approval you have a very good chance of obtaining final approval upon arrival. This procedure generally takes approximately one week.
 
Once you arrive in Canada you have a number of options that will allow you to both commence operating your business and commence your immigration application for Canadian permanent residence status.

If you have a high net worth of $800,000 minimum and can invest $400,000 for five years with the Canadian government you can apply under the Investor category of the Federal Business Immigration program. If you have a net worth of $300,000 and can invest $150,000 in a business that will employ a minimum of one Canadian you can apply under the Entrepreneur category under the Federal Business Immigration program.

If you have a net worth of $2,000,000 and can invest $800,000 in a business you can apply under the Business Skills category of the British Columbia Provincial Nominee Program (“BC PNP”) and have your business in Vancouver. If you have a net worth of $600,000 and can invest $300,000 in a business you can apply under the Regional Business category of BC PNP and set up your business outside of Vancouver.

If the businessman has enough money I recommend he choose the combination of inter-corporate work visa and investor. This is the fastest, cleanest and smoothest way to accomplish the goal of getting Canadian Landed Immigrant status. At the same time you can also work and commence setting up your business without the pressure of meeting certain targets and goals as exist under Federal Entrepreneur or BC PNP Business.

Question: What’s new in Canadian immigration?

Answer: Recently Canadian immigration law is being affected a great deal by changes in policy and what CIC decides to emphasize. CIC government policy is not a change in law but a change in government emphasis and goals.

Previously Federal Investor applications took 3 to 5 years to be processed. Due to the long processing delay few people chose this category. The Federal government has decided to emphasize this category and processing times are now under one year in some cases for a business investor. Investor cases may be processed as fast as 10-14 months, depending on where the Investor application is submitted. The Federal government has decided to emphasize sponsorship of spouses. Previously a sponsorship of spouse took 18 months. Now spousal cases may take only 3-6 months in some cases.

Previously the BC Business Immigration Program did not have that many applicants. The BC PNP has decided to emphasize this category. Recently there have been many cases approved. BC PNP wishes to expand this program and hire more staff and double the number of cases approved.

If you are a businessman considering immigration to Canada or you wish to sponsor a spouse, now is a good time to apply under these categories.

Previously it took approximately 18 months to sponsor a parent. The Federal government has decided to reduce the emphasis of this category. It will now take anywhere from 2 to 5 years to sponsor a parent. This time period will only get longer as the Federal government is reducing its targets dramatically.  

If you have a wealthy parent or parents you wish to sponsor it is strongly advised they consider applying themselves under the investor category.

The government has a huge backlog of Federal Skilled Worker applications. There is approximately enough cases to last for four years. Previously the point total to pass was reduced from 75 points to 67 points in order to build up inventory. There is now too much inventory. In the near future it should be anticipated that the point total will be raised from 67 to cut off the number of new cases coming into the system. Also there may be years in which the government meets its targets before the year is over.

If you are thinking of applying under the Federal Skilled Worker category it is suggested you do this as soon as possible before the pass mark is raised or formal quotas are implemented.



Brian Edward Tadayoshi Tsuji
Canadian Immigration Lawyer
DAVIS LLP
2800 Park Place
666 Burrard Street
Vancouver, British Columbia, Canada, V6C 2Z7

Tel:(604) 643-6496 Fax:(604) 605-3596
Email: btsuji@davis.ca Website: http://www.davis.ca

 
 
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Brian Edward Tadayoshi Tsuji
Canadian Immigration Lawyer
DAVIS LLP
2800 Park Place
666 Burrard Street
Vancouver, British Columbia, Canada, V6C 2Z7

Tel:(604) 643-6496 Fax:(604) 605-3596
Email: btsuji@davis.ca Website: http://www.davis.ca