Today, international trade is more global than ever before. Japanese companies do business in the United States, French companies do business in Africa, and Canadian companies do business in Europe. Shifting international agreements and allegiances underscore the need to expand global operations, and these new ventures present numerous opportunities. Although there are plenty of details to consider when planning global business operations, immigration issues often prove to be particularly complex. From work visas to managerial transfers, an experienced immigration lawyer in Canada may be able to help you navigate these challenges. Before you book your first legal strategy session, consider these general immigration tips for global business operations:
Consider the Changing Landscape of International Trade
Global trade today is much more fluid and volatile than it was even 12 months ago. As a result, building long-term international business plans can be a challenging task. There is still a considerable amount of uncertainty when it comes to international trade, and this extends to changes in immigration law.
Do not make the mistake of thinking that only the United States is volatile in this regard. Canada has also made significant changes to its immigration programs in recent months, particularly in relation to temporary work visas. These changes may continue to occur long into the foreseeable future, and company leaders should keep a wary eye on political and legal changes in Canada.
Keep an Eye on Provincial Nominee Programs (PNP) Changes
Even before recent changes, Canada's immigration programs were still relatively fluid. The Provincial Nominee Programs (PNPs) constantly change based on the specific needs of a province in any given year.
For example, British Columbia might suddenly need to attract fintech entrepreneurs. It may then create a PNP attracting these immigrants. Years later, the province might cancel this program and replace it with another, more suitable option based on new economic needs.
In other words, opportunities that exist today might not exist tomorrow. However, this also means that new opportunities might suddenly appear that match your specific entrepreneurial qualifications and knowledge.
Either way, this situation highlights the need to stay up-to-date on PNP changes. If you are targeting a specific province, you can keep track of these changes with help from a lawyer. If you are open to emigrating to any province, your lawyer can help you keep track of multiple PNPs across the nation.
Consider Intra-Company Transfers (ICT)
If you already have a functioning business in a foreign jurisdiction, you might want to take advantage of the intra-company transfer visa program in Canada. The ICT visa program allows you to transfer managers and skilled workers from another country to your new satellite office in Canada. You might also refer to this satellite office as a “foreign branch” or “subsidiary.”
For example, you might have started a successful agri-tech business in another country. When expanding into Canada, you can use the intra-company visa program to transfer a manager to supervise foreign operations while you oversee the main office in your home country. You might also transfer a skilled agri-tech engineer to your new Canadian subsidiary to get the business up and running.
One of the most unique aspects of the intra-company transfer program is the fact that you can transfer someone to Canada to start a new business. In other words, you can take advantage of this program even if you have not yet established a company in Canada. As a result, this program is often the first step for many foreign entrepreneurs who want to establish a foothold in Canada. Not that under this program, you can also transfer yourself to start your new foreign subsidiary.
Many other countries have similar programs, and a notable example is the United States. If you're a Canadian entrepreneur who is trying to establish a foreign subsidiary in the United States, this visa program can provide positive results. It follows similar rules to the Canadian version, and a Canadian immigration lawyer can help you take advantage of the program.
Note that due to new tariffs and other trade restrictions, many Canadian companies are working hard to establish physical offices in the United States. In some cases, especially in terms of manufacturing, this may help companies avoid burdensome tariffs. However, this situation is still quite fluid and complex. Ultimately, you may need to discuss your options with an experienced Canadian immigration lawyer.
Consider Hiring Temporary Foreign Workers
Whether you are a Canadian entrepreneur or you have recently established a new company as a foreign individual, you might want to take advantage of the temporary foreign worker program. Temporary foreign workers (TPFs) can fill many gaps in business operations, from unskilled labor to highly skilled professionals.
The key thing to remember is that you first need to try to find these workers locally in Canada. As a result, you will need to complete a Labor Market Impact Assessment (LMIA). This is a fairly complex step that may require assistance from an immigration lawyer. The goal is to prove that hiring temporary workers would not impact the local labor market or job opportunities for Canadian workers who might otherwise take the jobs you are trying to fill.
Although this may seem daunting, the overall process is quite straightforward, especially with help from a lawyer. Note that it is the employer who is responsible for filling out the LMIA, not the prospective employee.
Contact an Experienced Immigration Lawyer in Canada
Although these general tips represent a positive starting point for your next global venture, a legal strategy session with an experienced immigration lawyer in Canada will probably be more instructive. During a one-on-one legal strategy session, you can discuss your specific business goals in more detail. You can also ask questions that might not have been answered in this article. Many immigration law firms, including Ackah Law, have plenty of experience dealing with international clients. As a result, we can schedule virtual legal strategy sessions for interested entrepreneurs and business leaders. Book an initial call with a client engagement coordinator today to get started.
