Establish a new business
Entrepreneurs planning a Canadian venture should assess both the commercial project and the immigration authorization required to participate in it.
Entrepreneurs, business owners and investors may have commercial reasons for establishing, acquiring or operating a business in Canada. Immigration status, however, depends on a separate legal framework.
Incorporating a company, purchasing a business, investing capital or owning Canadian assets does not by itself grant temporary or permanent immigration status in Canada.
The immigration analysis changes depending on whether the client intends to establish a new venture, acquire an existing business, manage Canadian operations, expand a foreign company or simply conduct international business activity.
Entrepreneurs planning a Canadian venture should assess both the commercial project and the immigration authorization required to participate in it.
Purchasing a Canadian business may create commercial opportunities, but the buyer's immigration status requires separate analysis.
International businesses considering Canadian operations may need to assess immigration options for owners, executives or key personnel.
Active management or operational involvement can raise work-authorization questions that should be resolved before activities begin.
Certain meetings, negotiations and other international business activities may be possible as a business visitor when the applicable requirements are met.
Where permanent residence is an objective, potentially relevant immigration pathways should be assessed independently from the underlying commercial transaction.
These questions often intersect, but they should not be collapsed into one decision.
A person may be able to incorporate, invest, acquire shares or hold an ownership interest in a Canadian business. Corporate ownership, however, does not determine that person's Canadian immigration status.
The individual's proposed activities, qualifications, business role and broader immigration circumstances determine which temporary or permanent immigration frameworks may require consideration.
The business idea is only one part of the analysis. The individual's role, immigration history, qualifications and intended activity also matter.
We identify whether the client plans to start, buy, expand, invest in or actively manage a Canadian business.
Ownership, executive oversight, management and day-to-day operational work can produce different immigration considerations.
Ownership experience, management history, industry knowledge and entrepreneurial background may be relevant to available options.
The proposed investment, purchase structure and commercial circumstances are reviewed insofar as they affect the immigration analysis.
Where the client needs to enter or work in Canada, the appropriate temporary-residence framework must be considered.
Permanent residence planning should be assessed independently and should not be assumed merely because a Canadian business exists.
Canadian business immigration options depend on the applicant, the proposed activity, the business, the province or territory involved and the programs available when the assessment is made.
Buying shares, purchasing real estate, incorporating a company, acquiring a franchise or investing money in Canada does not automatically create a right to work, remain in Canada or become a permanent resident. The individual's immigration authorization must have an independent legal basis.
Where immigration is one of the reasons for a proposed Canadian business transaction, the immigration analysis should occur before irreversible commercial commitments are made whenever possible.
Determine whether the intended Canadian activities correspond with an immigration framework that is actually available to the client.
Clarify whether the client will remain a passive owner or will actively direct, manage or work in Canadian operations.
Business closing dates and commercial commitments should not assume that immigration authorization will necessarily be available on the same schedule.
Corporate, tax, securities, accounting and transaction matters may require advice from the appropriate professional advisers in addition to immigration counsel.
Where family members will accompany the entrepreneur, their status and objectives should form part of the immigration analysis.
Temporary work authorization and future permanent residence should be treated as separate stages unless a specific immigration program connects them.
We begin by understanding the proposed business activity, transaction, Canadian role and the client's immigration objectives.
Citizenship, residence, business experience, employment history, education, language ability, family circumstances and immigration history are considered where relevant.
Temporary, permanent, federal and provincial immigration possibilities are assessed against the actual circumstances and current program rules.
Where Escanto is retained, the scope of immigration advice, application preparation or representation is documented.
The immigration component is handled within the agreed professional scope while commercial, tax and corporate matters remain with the appropriate advisers where required.
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