Corporate Immigration and the International Mobility Program (IMP)

Corporate Immigration serves as a strategic tool for companies to manage their international operations effectively. It presents an enticing opportunity for businesses aiming to bring in talented workers from abroad, leveraging the benefits of the International Mobility Program (IMP). Particularly in Canada, this stream of immigration caters to the needs of businesses—whether large, medium, or small—that seek to transfer high-talent individuals, skilled employees, senior managers, or business owners across borders.

Understanding Corporate Immigration

Corporate Immigration enables companies to navigate the complexities of international business operations by facilitating the movement of personnel across borders. For those motivated to bring their international talent into Canada, Corporate Immigration offers an attractive avenue, especially through the International Mobility Program (IMP). This immigration stream was primarily developed to meet the needs of businesses looking to start or expand their operations in Canada, regardless of their size or industry.

Unpacking the International Mobility Program (IMP)

Canadian immigration laws prioritize the employment of citizens and permanent residents, emphasizing the importance of tapping into local talent. However, when there’s a specific need for foreign workers, the International Mobility Program (IMP) comes into play. This program offers an avenue for Temporary Foreign Workers (TFWs) to contribute to the Canadian workforce under certain circumstances, particularly when there’s a demonstrable benefit to the Canadian economy and society.

The IMP facilitates the entry of various categories of TFWs, including executives, business owners, entrepreneurs, investors, senior management, and intra-company transferees with specialized knowledge. Importantly, these workers, along with their families, are granted entry based on international trade agreements, Canadian interests, humanitarian reasons, and when no other means of support are available.

Benefits of the International Mobility Program (IMP)

One of the key advantages of the IMP is its streamlined process for Canadian employers. Unlike the regular Temporary Foreign Worker Program (TFWP), which requires employers to undergo a Labour Market Impact Assessment (LMIA), the IMP allows for the hiring of TFWs without this requirement. This makes the process more efficient and less cumbersome for businesses seeking to bring in international talent.

Additionally, TFWs entering Canada under the IMP are typically issued work permits for one or two years initially, with the possibility of renewal for extended periods, up to 5-7 years. Moreover, after working in Canada for a year, these foreign nationals may become eligible to apply for permanent residency through programs such as the Canadian Experience Class (CEC), Federal Skilled Worker (FSW), or Provincial Nominee Program (PNP), depending on individual circumstances.

Eligible Categories under the IMP

Several categories of workers are eligible to enter Canada under the IMP, each catering to specific needs and circumstances:

  • Foreign Entrepreneurs/Self-Employment (C11 work permit): Individuals seeking to establish or expand their businesses in Canada can apply for a work permit under this category.
  • Intra-Company Transfers (ICT) Program (C12 work permit): Employees planning to transfer to a Canadian branch of their current company can do so under this program.
  • Qualifying foreign nationals with a Commitment Certificate/Letter of Support (A75): Individuals who have received a commitment certificate or letter of support are eligible to work in Canada.
  • International Free Trade Agreements: Individuals entering Canada as part of trade treaties, such as CUSMA or CETA, can work under this category.
  • Business Visitors: Foreign workers who meet specific conditions, such as staying in Canada for under six months without entering the labor market, can work without needing a work permit.
  • Reciprocal Youth Exchange Agreements: Programs like International Experience Canada (IEC) allow young individuals to travel and work in Canada.
  • Post-Graduation Work Permit (PGWP): Graduates from Canadian Designated Learning Institutions (DLIs) can obtain a PGWP for up to three years.

In summary, Corporate Immigration through the International Mobility Program (IMP) offers a pathway for businesses to bring in international talent, fostering economic growth and innovation. By understanding the various categories under the IMP and the benefits they offer, businesses can make informed decisions to meet their workforce needs while complying with Canadian immigration regulations.

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    Immigration Regulation & LMIA Exemption Codes under IMP

    Understanding the intricacies of immigration regulation and LMIA (Labour Market Impact Assessment) exemption codes is essential for both employers and individuals navigating the International Mobility Program (IMP) in Canada. Here’s a breakdown of the key regulations and exemption codes under the IMP:

    R204 – International Agreements

    Under this regulation, individuals may be exempt from the LMIA requirement based on international agreements. The following LMIA exemption codes apply:

    • Canada-International Agreement (R204(a)): Various LMIA exemption codes are applicable under different agreements, such as those for traders, investors, professionals, intra-company transferees, and spouses.

    R204(b) – Provincial/Territorial-International Agreement “Significant Investment”

    At present, there are no approved agreements under this category.

    R204(c) – Canada-Provincial/Territorial Agreement “Significant Investment”

    • Federal-Provincial or Territorial Agreements (LMIA Exemption Code – T13): LMIA exemption is granted under certain federal-provincial or territorial agreements.
    • Atlantic Immigration Pilot Programs (AIPP) (LMIA Exemption Code – C18): Work permits are issued under the AIPP, allowing for LMIA exemption.

    R205 – Canadian Interests

    This regulation grants LMIA exemption based on Canadian interests. The following LMIA exemption codes apply:

    • A significant benefit (LMIA Exemption Code – C10): Various categories of workers, including self-employed individuals, intra-company transferees, emergency repair personnel, and caregivers, may be exempted under this category.
    • Reciprocal employment (LMIA Exemption Codes – C20, C21, C22, C23): LMIA exemption is granted for reciprocal employment arrangements, academic exchanges, performing arts, and the International Experience Canada (IEC) Program.
    • Designated by Minister (LMIA Exemption Codes – C31, C32, C33, C41, C42, C43, C44, C45, C50): LMIA exemption is granted for various purposes designated by the Minister, including research, co-op programs, spouses of skilled workers or study permit holders, post-graduation work permits, and charitable or religious work.

    R206 – No Other Means of Support

    Under this regulation, individuals may be exempt from the LMIA requirement if they have no other means of support. The following LMIA exemption codes apply:

    • Refugee claimants (LMIA Exemption Code – S61): Refugee claimants may be exempted from the LMIA requirement.
    • Persons under an unenforceable removal order (LMIA Exemption Code – S62): Individuals under an unenforceable removal order may be exempted from the LMIA requirement.

    R207 – Permanent Residence Applicants in Canada

    LMIA exemption is granted for certain categories of permanent residence applicants in Canada under this regulation. The following LMIA exemption codes apply:

    • Live-in-caregiver class (LMIA Exemption Code – A70): LMIA exemption is granted for live-in caregivers and their family members.
    • Spouse or common-law partner in Canada class (LMIA Exemption Code – A70): LMIA exemption is granted for spouses or common-law partners of Canadian residents.
    • Protected persons under subsection A95(2) (LMIA Exemption Code – A70): LMIA exemption is granted for protected persons under specific subsections.

    R208 – Humanitarian Reasons

    Under this regulation, individuals may be exempt from the LMIA requirement for humanitarian reasons. The following LMIA exemption codes apply:

    • Destitute students (LMIA Exemption Code – H81): LMIA exemption is granted for destitute students.
    • Holders of a temporary residence permit valid for a minimum of six months (LMIA Exemption Code – H82): LMIA exemption is granted for individuals holding temporary residence permits.

    Understanding these regulations and LMIA exemption codes is crucial for employers and individuals navigating the complexities of the International Mobility Program in Canada. These exemptions aim to facilitate the entry of foreign workers while ensuring that Canadian interests and labor market needs are adequately addressed.