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Business Migration

Canada’s International Mobility Program allows high-skilled foreign nationals to work in Canada temporarily.

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    Business Migration is an immigration program under the International Mobility Program that allows qualified business owners to acquire a work permit and transfer their businesses to Canada.

    In cases where the foreign national is an employee of a multinational company outside of Canada, they are eligible to obtain an LMIA-exempt work permit to get transferred to the multinational’s location within Canada. To be able to apply for a work permit, foreign nationals must get a positive LMIA (Labour Market Impact Assessment) issued from a Canadian employer. Both the employee and the company have to meet some requirements to qualify for an LMIA exemption.

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    Requirements for the Employee

    • The employee has to be employed by a multinational company and should be looking to work in the multinational’s parent or subsidiary branch, or an affiliated branch in Canada.
    • The employee must be applying to work at a position that requires specialized knowledge, or the executive, or senior managerial position to work in Canada.
    • Must be employed with the company full-time for at least a year within the previous three years.

    The International Mobility Program further outlines and defines the capacities of executives, senior managers, and specialized workers as below

    Executive Capacity

    To meet the requirements of an executive capacity, it is necessary to meet some or all of the following prerequisites

    • Directs a major component, function, or management of the organization
    • Constructs the policies and goals of the function, component, or the organization
    • Exercises extensive control in discretionary decision making
    • Is generally instructed and checked by the higher-level executives, stockholders, and/or directors of the board.
    • Manages a department, division, function of the organization, or the organization
    • Controls and supervises the work of other supervisors, professionals, and employees, or manages functions in the department or subdivision of the organization, or the organization
    • Is authorized to hire, fire, recommend, and promote personnel in the organization
    • Authorises discretion over day-to-day operations

    Managerial Capacity

    To meet the requirements of a managerial capacity, it is necessary to meet some or all of the following prerequisites

    Specialized Knowledge

    To meet the definition of specialized knowledge, a position must meet some or all of the following

    • Propriety knowledge: The company should not have disclosed any specifications that make duplication of the service or product of the said company an easy process.
    • Advanced expertise: The applicant should be equipped with specialized knowledge through substantial and recent (the past 5 years) experience with the company. It is presumed that the longer the time of service and experience, the more specialized the knowledge is. The individual should be intending to use the said experience and knowledge to contribute to the employer’s success.
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