Global Migration and Business Guide: What are the Options Available? Part 1: Canada
Niagara Falls at the Canada-US border
Globalization has made international business a part of everyday life. Many people routinely move from their homelands in search of better financial opportunities. There are a select few who run thriving businesses, and seek to broaden their market on a global scale in various regions as well. This is a common theme, from the United States to the United Arab Emirates and Gulf.
Oftentimes, people will also stay in one country for professional reasons, and then that country will become a stepping stone for another future migration. For example, many South Asians, Filipinos, and Africans gain valuable experience in the Gulf region, in Finance, Medical or Business professions, before migrating to Canada, the US or Australia for good. It is also not uncommon for individuals in these migration categories to return to the Middle East, after years in their adopted home country, to reconnect and reestablish their business ties after years abroad.
Therefore, global movement is a part of life. However, unfortunately, many governments in the current era take a rather suspicious and restrictive approach to migration. The impact of globalization is seen as a “threat” to domestic stability and prosperity, rather than a spearhead for growth. This is an unfortunate reality of the Brexit/Trump era. As a result, global migration and business opportunities are caught in a web of complex, and often mystifyingly illogical immigration laws and policies, which deliberately impede global business.
With this reality established, one may then ask, what are the opportunities available in this global spider web? These series of articles attempts to provide a brief, and by no means thorough overview of the potential options open to business people and economic migrants, who may be contemplating a change. We hope this effort will assist potential clients and non-clients in their journey towards deciding which path to follow next.
We begin our overview by looking at the Immigration system in Canada. Next week we will publish an article focusing on the United States.
Canada: The Points System, and Lesser Known Business/Study Opportunities
Canadian Immigration Law is primarily governed by the Immigration and Refugee Protection Act (IRPA) of 2002, and the Immigration and Refugee Protection Regulations, which were also established in 2002, and are administered by Immigration, Refugee and Citizenship Canada, along with the Canadian Border Services Agency, under the supervision of the Minister of Immigration and Citizenship (currently Mr. Ahmed Hussen).
The most widely advertised Immigration program in Canada is the “Express Entry” category. However, this is not the only way potential migrants can enter Canada. Canada has a host of opportunities available to business people, through various Free Trade Agreements, including the General Agreement in Trade in Services (GATS) which applies to 140 countries. These include opportunities to conduct business WITHOUT a work permit in Canada. There are also opportunities for study widely available, and individuals who study in Canada are eligible to bring their spouse and dependents with them. In terms of extended family, sponsoring parents and grandparents for residence or visits is possible, and inviting other family members for visit (which can sometimes become residence) is not unheard of.
However, these areas go beyond the scope of this article. Therefore, we offer a brief summary of the Express Entry, Business and Study Opportunities in Canada below. We also offer a brief explanation of the Family Sponsorship process in Canada as well (for Canadians currently living abroad) at the end.
Express Entry
The Express Entry stream is probably the most widely advertised Immigration program for Canada. Oftentimes, the advertisements include a tagline such as “migrate to Canada with your family and get your permit in less than six months!” In addition, such advertisements may also detail the “amazing pension” and “healthcare system” all immigrants will have “immediate access to.” However, though this program is designed to encourage economic migration, it is unfortunately not that simple.
By economic migration, the Canadian Express Entry stream (not to be confused with the “Canadian Experience Class” which applies to applicants with work experience currently in Canada), targets individuals who have relevant work experience in either a NOC A, B or 0 category. NOC stands for “National Occupational Classification” and the A, B and 0 category are the “highest” on the list. Barring certain exceptions, individuals in the “C” or other categories, generally cannot apply for Express Entry. The A and B categories generally refer to professions which require “technical expertise” and a post secondary degree/qualification. 0 categories are for those who are in management positions.
Individuals who are targeted by this program are those who the government believe will “hit the ground running,” in terms of finding a suitable job, bringing knowledge and expertise, and investment. Ultimately (or put more cynically), it is those who the government can rely on to be a source of good tax revenue well into the future.
The Express Entry system ranks all applicants who meet the minimum eligibility criteria based on their age, experience, education and “adaptability’’ (explained in more detail below), in a “pool.” In order to be entered into the applicant pool, the applicant must have the minimum eligibility points of 67 on the “eligibility assessment.” Applicants in the “pool” are then given another set of points based on their credentials. Those who receive approximately 430–440 have been typically “Invited To Apply” for permanent residence, meaning that they have been “accepted,” provided that they can verify their credentials and pass background screening.
The factors which increase the applicants points are among the following:
Age of the applicant (25–35 is the prime age)
Level of Education
Number of Years of Work Experience
Adaptability: i.e. whether they have any Canadian work experience, education, or have any family members in Canada
Profession or current occupation (NOC classification)
There are a number of categories where NOC C and other levels can be considered for Express Entry, for example, chefs and truckers have been considered in the past. In addition, an applicant can bypass the point system if they receive a job offer from the Maritime Provinces of New Brunswick, Nova Scotia, Newfoundland or Prince Edward Island, under the Atlantic Immigrant Pilot Program.
After the profile is submitted to the government of Canada, and if it is approved, the applicant may be issued an “Invitation to apply” (ITA). At this stage, the government requires a hefty amount of paperwork, including experience letters, to verify the credentials of the applicant and check their background for any criminal history.
Business People
There are a myriad of opportunities available for business people under Free Trade Agreements and the general policies of the General Agreement on Trade in Services, to conduct business and work in Canada. Business people can often set up a company and then visit to work and earn money for their business in Canada. In such cases, self sponsorship for a work permit may also be possible. In certain cases, individuals who earn service contracts from Canada, can also come to work on a longer term basis. Basically, under the current and previous administration, the government has tried hard to maintain a “business friendly” atmosphere for entrepreneurs and investors. As such, this allows a great deal of flexibility for those who want to try their hand at business in Canada.
In addition, there is the startup visa program which has been launched by the federal government. This gives foreign investors the opportunity to seek capital from angel investors and designated organizations. It also allows for immigration and work permission if the applicant is successful. Finally, many provinces have “migration by investment” schemes, however, these are usually more expensive and require a greater degree of investment.
Students
Studying in Canada is a great way to begin to make Canada your new “home.” First of all, the studies you undertake will help you build a professional network and equip you with relevant skills to succeed in the Canadian job market. In addition, the Canadian Immigration policy encourages students to stay on and work in Canada, to prevent the loss of trained and skilled workers, by offering work permits, and awarding points for Canadian education and experience on permanent residency applications. Furthermore, the Immigration Regulations allow students to bring their family members to live and work in Canada while they are studying and working themselves (spouses and dependents).The main downside is that there will be tuition expenses.
However, some colleges and universities offer financial aid and tuition is generally far more reasonable than what is charged south of the border in the United States.
Other Categories: Family Sponsorship and Refugees
To go too broadly into the various categories of entry and immigration available under Canadian Immigration law may be well beyond the scope of this article. However, a brief mention of some of the other popular or well known categories is also worth a mention. First of all, Canadian citizens and permanent residents are eligible to sponsor their dependent children under the age of 22, and their spouses. The process is quite lengthy, and can take up to a year in certain cases. Citizens can also sponsor their family members while they themselves are living outside the country, and there is a formal process of document submission and verification to undergo, which can take about a year.
There are also provisions for refugee and asylum seekers as well. However, for a more detailed analysis of that subject, feel free to browse our refugee and asylum law article here.
Conclusions
Canada is known for having an “open” immigration policy in general. However, this is not necessarily the case. Though on the books, the law may seem encouraging in some respects, there is a great deal of room for things to go awry in implementation. In addition, Immigration officials are not unknown to have made questionable decisions, and Immigration Canada has often been accused of implementing discriminatory policies. That being said, the Canadian government does process and approve a large number of applications per year, so for those who are willing, Canada may well be worth the effort!