Choosing the right pathway for you

If you are hoping to emigrate to Canada yourself, there are two key questions to answer.

1. How will you contribute to Canada’s economy?

2. Do you have a strong preference for where you live?

In broad terms, the answer to the first question is one of the following:

• As a skilled employee working for a Canadian employer

• As a self-employed individual

• To start a business

• As the owner of an established business

• As an investor

The answer to this question indicates which categories of visas you could reasonably apply for. Which one to apply for generally depends on your answer to the second question.

If you have no preference for where you live, it probably makes sense to apply for a federal-level visa program. If you do, compare the federal-level immigration options with the relevant Provincial Nominee Program (or Quebec equivalent). Then choose which one suits you best.

If you are a business owner looking to bring an international employee to Canada, check if your Provincial Nominee Program supports this. If it doesn’t, you default to federal work permits.

Understanding the provincial nominee programs (and Quebec equivalents)

The provincial nominee programs are run by the provinces and territories. Quebec runs its own counterparts. In essence, the province/territory recommends prospective immigrants to the federal government. The federal government typically rubber-stamps these recommendations. They would only be refused if there was a compelling reason to do so.

This means that using the Provincial Nominee Program immigration route (or Quebec equivalent) means that your immigration status is tied to where you live and work. In other words, you are required to live in your sponsoring province/territory (or Quebec) until you obtain permanent residency or change your visa.

It’s therefore highly advisable for all potential immigrants to do thorough research on a province/territory before deciding whether or not to use its immigration program. Ideally, visit the location in person at least once, preferably for an extended period. Remember, there is a big difference between visiting a location as a foreign tourist and living there as a local resident.

The basics of making an immigration application

Each business immigration program has its own qualifying criteria and requirements. Fundamentally, they all assess your ability to contribute to Canada’s economy. This means that they all tend to look at the following key points.

• Your education, skills and work experience

• Your ability to speak English and/or French

• Your available funds and ability to prove they have been obtained legally

• Your ability to pass background security and medical checks

• Your ability to adapt to life in Canada

When you complete the immigration application form, emphasize these points as much as possible. Also provide as much objective proof as you can.

Going to Canada as a regular business visitor

Even if you do not qualify as a business visitor under CUSMA or another free-trade agreement, you may still qualify as a business visitor. If you do, you do not need to make a formal application for business immigration. In fact, you may not need a visa at all.

To be classed as a business visitor, you must meet the following requirements.

• You plan to stay in Canada for less than 6 months.

• You meet all the standard requirements for entry into Canada.

• Your main place of business/source of income is outside Canada.

• You do not plan to take up employment in Canada.

• Your business activities will be restricted to an approved list of activities.

Check the approved list of activities before you arrive. As a rule of thumb, they tend to cover the following areas.

• Training (giving or receiving)

• Researching (e.g. undertaking market analysis in Canada)

• Networking (e.g. attending meetings, conferences or trade events).

In general, you are unlikely to be permitted to undertake any form of hands-on work. There may, however, be an exception for providing service or support as part of a warranty, guarantee or service agreement.

If you are only planning a short-term stay in Canada, it’s definitely worth checking out if you qualify as a business visitor. This route is much faster, easier and lower cost than any of the main business immigration programs.

A special note for French-speaking applicants

In addition to the main Canadian immigration programs, there may be special options for French-speaking skilled workers. This includes skilled workers who have demonstrable fluency in French as a second language. This is known as the Mobilité Francophone program.