Each province and territory in Canada has one or more business immigration streams. These streams are tailored to meet the economic needs of the province or territory and often require the applicant to:
Successful applicants under the PNP Business Immigration streams will receive a provincial nomination, which can then be used to apply for Canadian permanent residence. Some provinces and territories may issue a temporary work permit to the applicant to allow them to come to Canada and start or purchase the business before granting permanent residence.
Business professionals who wish to work in Canada may be eligible for work permits under various immigration programs, including the International Mobility Program (IMP) and the Temporary Foreign Worker Program (TFWP). Here are some of the key options available for business executives:
Intra-Company Transfer (ICT): Business executives who are employed by a multinational company and are being transferred to a Canadian branch, subsidiary, or affiliate of that company may qualify for an ICT work permit. To be eligible, executives must have been employed by the company outside Canada in a similar full-time position for at least one year within the three-year period immediately preceding the date of the application. ICT work permits are LMIA-exempt under exemption codes C12 (for general ICTs) and T24 (for ICTs under trade agreements like CUSMA).
C-Suite Executives under CUSMA: For American and Mexican business executives, the Canada-United States-Mexico Agreement (CUSMA) provides facilitated entry. Executives and senior managers can apply for work permits at a Port of Entry (POE) or at a visa office before departing for Canada. The LMIA exemption codes for CUSMA ICTs are T37 for Executives or Senior Managers.
Significant Benefit Work Permit (C10): Business executives who can demonstrate that their work will bring a significant social, cultural, or economic benefit to Canada may be eligible for a work permit under the Significant Benefit category (LMIA exemption code C10). This is a discretionary category and requires substantial documentation to prove the benefit to Canada.
Free Trade Agreements: Besides CUSMA, Canada has several other free trade agreements that may provide LMIA-exempt work permit options for business executives, such as the Comprehensive Economic and Trade Agreement (CETA) with the European Union, and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
Open Work Permits: In some cases, business executives may be eligible for an open work permit, which is not job-specific and does not require an LMIA or a job offer. However, open work permits are typically limited to specific situations, such as the spouses of skilled workers or international students.
Business Visitors: If the business executive’s activities in Canada are limited to business meetings, conferences, or exploratory business visits, they may not require a work permit at all and can enter as business visitors.
To apply for a work permit, business executives typically need to provide evidence of their executive role, the nature of the work they will be doing in Canada, and the relationship between the Canadian and foreign company, among other documentation.