Corporate Immigration Canada
🍁 Mobility solutions for employers 🍁
Canadian Corporate Immigration & Mobility Solutions
We practice immigration exclusively and provide comprehensive expertise in all areas of Canadian immigration law. We’re known for our professional knowledge, responsiveness, and ability to create winning strategies to help you exceed your business goals.
Canadian immigration is complex and overwhelming for most businesses. With our knowledge and expertise of Canadian immigration law, we can help you avoid obstacles and complications that can delay your company goals.
Corporate Immigration Strategy
Looking to take advantage of all the benefits immigration can bring to your business? We can help you create and implement your corporate immigration strategy.
Work Permits for Your Employees
There are two main programs to hire foreign workers in Canada: The Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). We can help you assess and apply for the dozens of streams under each program.
Permanent Residency for Your Employees
Do you have excellent employees who need your support to become Canadian Permanent Residents? There are numerous ways you can help. Work with us and retain your top talent.
Bringing foreign talent into Canada, transferring key employees, or helping valued workers transition toward permanent residence involves employer-specific immigration rules that sit alongside Canada’s general immigration system.
Corporate immigration covers the programs, compliance obligations, and workforce strategies businesses may need when foreign nationals form part of their hiring or expansion plans – from a single work permit application to a broader mobility strategy involving multiple employees or a new Canadian operation.
What Is Corporate Immigration?
Corporate immigration refers to the immigration processes, programs, and compliance requirements involved when businesses hire foreign workers in Canada, transfer employees from related foreign companies, or support existing employees with longer-term immigration strategies.
Unlike many individual immigration applications, employer-driven immigration often requires participation from both the employer and the foreign worker.
Depending on the immigration program, the employer may need to:
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obtain a Labour Market Impact Assessment (LMIA)
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submit an offer of employment through IRCC’s Employer Portal
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pay an employer compliance fee
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demonstrate a qualifying corporate relationship
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meet recruitment requirements
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comply with wage and working-condition requirements
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retain specified employment records
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participate in government inspections or compliance reviews
The employee must then separately establish eligibility for the applicable work permit or immigration program.
Work Permits for Employees: TFWP and IMP
Foreign workers are generally hired through one of two federal frameworks:
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the Temporary Foreign Worker Program (TFWP); or
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the International Mobility Program (IMP).
Temporary Foreign Worker Program
The Temporary Foreign Worker Program generally applies where an employer must first obtain a Labour Market Impact Assessment (LMIA) before a foreign national can apply for an employer-specific work permit.
The LMIA process assesses the employer’s request to hire a foreign worker and the expected impact of the proposed employment on the Canadian labour market.
A positive LMIA generally confirms that there is a need for the foreign worker and that qualified Canadian citizens or permanent residents are not available for the position, based on the applicable program requirements.
TFWP requirements vary significantly depending on factors such as:
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the occupation
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wage
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work location
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applicable LMIA stream
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recruitment efforts
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employer history
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housing or transportation requirements in certain streams
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other program-specific conditions
Obtaining a positive LMIA does not itself issue a work permit. The foreign worker generally needs to separately apply for and qualify for the applicable work permit.
International Mobility Program
The International Mobility Program covers work permit categories that are exempt from the LMIA requirement because the employment is considered to provide broader economic, social, cultural, reciprocal, competitive, or other benefits recognized under Canadian immigration law.
Examples can include:
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certain intra-company transfers
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workers covered by international trade agreements
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CUSMA professionals and qualifying company transferees
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Francophone Mobility
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certain significant-benefit work permits
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International Experience Canada categories
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other LMIA-exempt work permit categories
Not every IMP category is employer-specific. Some programs can lead to open work permits, while others require an employer-specific work permit.
The correct exemption must be identified based on the worker’s circumstances, position, employer, nationality where relevant, and the requirements of the particular immigration provision.
Choosing the wrong immigration program or LMIA exemption can result in delay or refusal.
Employees should also understand how their temporary work permit status needs to be maintained and extended over time.
Intra-Company Transfers and Business Expansion
Eligible multinational businesses may be able to transfer certain employees to a related Canadian enterprise without obtaining an LMIA under an applicable intra-company transfer (ICT) provision.
Depending on the circumstances, the applicable exemption may arise under Canada’s general International Mobility Program provisions or under an international trade agreement.
A transfer is not automatically eligible simply because the foreign and Canadian businesses have common ownership.
The applicable requirements can include:
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a qualifying relationship between the foreign and Canadian enterprises
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an active foreign business
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an eligible Canadian business operation or qualifying new business
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qualifying employment with the related foreign enterprise
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an eligible executive, managerial, or specialized-knowledge position
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a genuine temporary employment arrangement
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evidence that the Canadian role meets the requirements of the applicable ICT category
Depending on the specific exemption, eligible employees may include:
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executives
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senior managers
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qualifying specialized-knowledge workers
Specialized-knowledge cases can require detailed evidence demonstrating both the employee’s advanced expertise and proprietary knowledge relating to the company’s products, services, processes, systems, or operations.
The corporate structure, employee’s prior role, proposed Canadian responsibilities, and business rationale for the transfer should be assessed together before an application is submitted.
Foreign Business Expansion and New Canadian Operations
A foreign business establishing operations in Canada may, in appropriate circumstances, be able to transfer an eligible employee to help establish or develop the Canadian business under an applicable intra-company transfer provision.
However, incorporating or registering a Canadian company does not by itself create eligibility for an ICT work permit.
A new-business application may need to establish:
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the qualifying relationship between the foreign and Canadian enterprises
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the existence and ongoing operations of the foreign business
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the commercial rationale for expanding into Canada
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sufficient financial resources to establish the Canadian operation
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the proposed Canadian business activities
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the employee’s qualifying foreign employment
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the nature of the proposed Canadian role
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staffing and organizational plans
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the viability of the proposed Canadian operation
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premises or operational arrangements where relevant
Supporting evidence may include:
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incorporation and corporate records
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share ownership documentation
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financial statements
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tax records
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evidence of the foreign company’s business operations
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organizational charts
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business plans
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market information
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Canadian lease or premises information, where applicable
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staffing projections
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contracts or prospective business relationships
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evidence of the transferred employee’s experience and responsibilities
New-business ICT applications may receive significant scrutiny because the Canadian operation may not yet have an established operating history.
The application should therefore explain why the Canadian expansion is commercially credible, why the transferred employee is required, and how the Canadian operation is expected to become established.
Corporate and tax considerations are separate from immigration eligibility and may require advice from appropriately qualified corporate, accounting, or tax professionals.
Permanent Residence Pathways for Employees
Foreign employees working in Canada may eventually qualify for permanent residence depending on their work experience, occupation, language ability, education, province of residence, employer support, and other program requirements.
Potential pathways can include:
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the Canadian Experience Class (CEC) under Express Entry
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Provincial Nominee Programs
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employer-supported provincial immigration streams
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other federal or regional economic immigration pathways
Canadian work experience can be particularly valuable for some immigration programs, but working in Canada does not automatically create eligibility for permanent residence.
For example, Canadian Experience Class eligibility depends on whether the employee has accumulated the required amount and type of qualifying Canadian work experience, along with meeting the applicable language and other requirements.
The existence of an LMIA-backed or LMIA-exempt work permit alone does not guarantee that the employment will qualify for CEC or another permanent residence program.
Employers interested in retaining key foreign employees may benefit from assessing potential permanent residence pathways early rather than waiting until the employee’s work permit is approaching expiry.
Employer-Supported Permanent Residence Strategies
An employer’s role in permanent residence varies by immigration program.
Depending on the pathway, employer involvement can include:
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confirming ongoing employment
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providing detailed employment documentation
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supporting a provincial nomination application
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meeting provincial employer eligibility requirements
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maintaining compliance with temporary foreign worker obligations
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supporting a qualifying job offer
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coordinating temporary work authorization while a PR strategy is pursued
Employer support does not override the employee’s individual eligibility requirements.
A strong workforce-retention strategy therefore considers both the employee’s current work authorization and potential longer-term permanent residence options.
Looking to retain a valued foreign employee long-term?
A regulated Canadian immigration consultant can help you assess the right permanent residence strategy for your team.
Compliance Considerations for Employers
Hiring a foreign worker can create ongoing compliance responsibilities for the employer.
These responsibilities do not necessarily end once the employee receives a work permit.
Temporary Foreign Worker Program Compliance
Employers hiring through the Temporary Foreign Worker Program must comply with the conditions associated with the LMIA and the employment offered to the foreign worker.
Depending on the stream, obligations can include requirements concerning:
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wages
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occupation and job duties
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working conditions
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workplace location
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recruitment
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record keeping
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employment laws
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workplace safety
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providing substantially the same employment promised in the LMIA application
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other stream-specific employer obligations
Employers should retain the required supporting records and be prepared to respond if Employment and Social Development Canada or Service Canada conducts a compliance review or inspection.
International Mobility Program Compliance
Employers can also have compliance obligations when hiring through the International Mobility Program.
For most employer-specific LMIA-exempt work permits, the employer must normally submit an offer of employment through IRCC’s Employer Portal and pay the applicable employer compliance fee before the foreign worker submits the work permit application, unless an exemption applies.
The information submitted through the Employer Portal becomes important after the work permit is issued because employers are generally expected to provide employment that is consistent with the offer submitted to IRCC.
Employers may be inspected to determine whether they have complied with conditions relating to matters such as:
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wages
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occupation
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working conditions
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the information submitted in the offer of employment
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applicable federal and provincial employment laws
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record-keeping obligations
Not every LMIA-exempt work permit requires an Employer Portal submission or employer compliance fee. The applicable exemption should therefore be reviewed before the work permit application is prepared.
Employer Compliance Inspections and Penalties
Employers participating in Canada’s temporary foreign worker programs can be subject to government inspections.
An inspection may involve requests for records, interviews, site visits, or other evidence demonstrating compliance with the conditions attached to the foreign worker’s employment.
Non-compliance can result in consequences including:
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warnings
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administrative monetary penalties
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restrictions on hiring foreign workers
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temporary bans from the TFWP or IMP
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permanent bans in serious cases
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publication of the employer’s name and non-compliance finding
Compliance should therefore be considered part of an employer’s ongoing immigration strategy rather than something addressed only when a government inspection occurs.
Common Issues in Corporate Immigration Applications
Common problems in employer-driven immigration matters include:
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Choosing the wrong immigration program – a position may not meet the requirements of the LMIA stream or LMIA exemption selected.
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Weak LMIA applications – recruitment, wage, labour-market need, business legitimacy, or other program requirements may not be adequately established.
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Job duties that do not match the immigration category – a job title by itself is not sufficient if the actual duties do not support the selected occupation or work permit exemption.
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Weak intra-company transfer evidence – common ownership alone may not establish the required qualifying corporate relationship or employee eligibility.
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Specialized-knowledge applications without sufficient evidence – the application may describe the employee as important without demonstrating the advanced expertise and proprietary knowledge required by the applicable category.
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New-business applications without a credible operational plan – incorporation documents alone generally do not demonstrate that the Canadian business will genuinely operate or support the proposed employee.
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Employer Portal discrepancies – differences between the offer submitted through the Employer Portal and the employee’s actual working conditions can create compliance issues.
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Changes after work permit issuance – changes to duties, wages, work location, corporate structure, or employment arrangements may have immigration consequences.
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Poor record keeping – employers may struggle during an inspection if the records supporting the original application and ongoing employment cannot be produced.
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Waiting too long to consider permanent residence – an employee’s temporary work permit may be approaching expiry before the business considers whether a viable PR pathway exists.
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Underestimating processing and recruitment timelines – immigration applications may not align with operational hiring deadlines if planning begins too late.
Want to avoid delays and compliance issues?
Get your company’s immigration strategy right from the start.
How Mygration Can Help
We work with employers on both the immigration strategy and the individual applications required to implement it.
Depending on the business’s needs, this can include:
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determining whether a position requires an LMIA
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identifying potential LMIA-exempt work permit categories
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preparing LMIA applications
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preparing employer-specific work permit applications
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assessing intra-company transfer eligibility
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preparing ICT applications
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supporting foreign-business expansion and new Canadian operations
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reviewing Employer Portal requirements
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advising on employer immigration compliance
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coordinating work permit extensions
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identifying potential permanent residence pathways for employees
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developing longer-term foreign-worker retention strategies
Our role is to assess the immigration requirements before the employer commits to a particular strategy and to prepare the application based on the actual business structure, role, employee, and immigration program involved.
If your business is planning its first foreign hire or Canadian expansion, or if you are dealing with a compliance question involving an existing foreign employee, an initial assessment can help identify the appropriate approach before moving forward.
Full Representation
Corporate and employer-driven immigration matters vary considerably in scope, so we provide quotations based on the particular needs of the business.
Full representation can include:
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immigration strategy
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eligibility assessment
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preparation and review of government forms
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supporting-document preparation and review
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employer documentation
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LMIA or LMIA-exemption strategy
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professional RCIC submissions
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application submission
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communication with the applicable immigration authorities
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support following submission
Request a Quotation · Learn More About Full Representation
Not sure where to start? Book a consultation, call us at +1-877-778-8667, or request a call back to discuss your business’s immigration needs.
Frequently Asked Questions
What is corporate immigration?
Corporate immigration refers to the immigration programs, processes, and compliance requirements businesses use to hire foreign workers, transfer employees between related companies, support foreign employees already working in Canada, or plan longer-term workforce immigration strategies.
Depending on the program, both the employer and employee may have separate eligibility and compliance requirements.
What’s the difference between the TFWP and the IMP?
The Temporary Foreign Worker Program generally requires the employer to obtain a Labour Market Impact Assessment before the foreign worker applies for a work permit.
The LMIA process assesses the employer’s need for the foreign worker and the expected impact of the proposed employment on Canada’s labour market.
The International Mobility Program includes work permit categories that are exempt from the LMIA requirement.
Examples can include qualifying intra-company transfers, certain international trade agreement categories, Francophone Mobility, and other LMIA-exempt work permit categories.
Does every LMIA-exempt work permit require the Employer Portal?
No.
For most employer-specific LMIA-exempt work permits under the International Mobility Program, the employer generally needs to submit an offer of employment through IRCC’s Employer Portal and pay the employer compliance fee before the worker applies.
However, exemptions apply, and open work permit applications generally do not involve the same employer-specific Employer Portal process.
The particular work permit exemption should be reviewed before determining the employer’s obligations.
Can a foreign company open a branch in Canada and transfer staff?
Potentially.
A foreign business may be able to establish a Canadian operation and transfer an eligible employee under an applicable intra-company transfer provision.
However, simply incorporating or registering a Canadian company does not create eligibility for an ICT work permit.
The foreign and Canadian businesses must meet the requirements relating to their qualifying corporate relationship, and the employee and proposed Canadian position must satisfy the requirements of the applicable transfer category.
For a new Canadian operation, additional evidence may be required to demonstrate that the business plan is genuine and viable and that the proposed employee will perform a qualifying role.
Who qualifies for an intra-company transfer?
Eligibility depends on the specific intra-company transfer provision being used.
Depending on the category, eligible employees may include executives, senior managers, or qualifying specialized-knowledge workers.
Requirements can involve the employee’s previous employment with the related foreign enterprise, the relationship between the foreign and Canadian companies, the proposed Canadian position, and other criteria specific to the applicable immigration exemption.
What does specialized knowledge mean for an ICT?
Specialized knowledge generally requires more than simply being an experienced or valuable employee.
The applicable immigration criteria can require evidence of both advanced expertise and proprietary knowledge concerning the company’s products, services, research, equipment, techniques, management, systems, or processes.
The assessment is highly fact-specific and normally requires detailed evidence concerning both the employee and the company.
Can our company help an employee get permanent residence?
Yes, an employer can support an employee’s permanent residence strategy, but employment in Canada does not automatically make the employee eligible for permanent residence.
Depending on the employee’s circumstances, potential pathways may include:
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the Canadian Experience Class under Express Entry
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a Provincial Nominee Program
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an employer-supported provincial immigration stream
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another federal or regional economic immigration program
Eligibility can depend on the employee’s occupation, work experience, language ability, education, province, immigration history, and the requirements of the particular program.
Does an LMIA give an employee extra Express Entry points?
An LMIA does not automatically result in additional Comprehensive Ranking System points simply because the employee holds an LMIA-supported job.
Express Entry rules regarding job offers and CRS points have changed over time.
However, an LMIA-supported job offer may still be relevant to eligibility for certain immigration programs or other immigration strategies depending on the circumstances.
The employee’s current Express Entry eligibility and CRS score should therefore be assessed under the rules in effect at the time.
Do employers have ongoing compliance obligations after hiring a foreign worker?
Yes.
Employers can have continuing obligations under both the Temporary Foreign Worker Program and International Mobility Program.
Depending on the immigration program, these obligations can include:
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providing the wages and working conditions promised
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employing the foreign worker in the authorized occupation
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maintaining required records
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complying with applicable employment laws
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responding to government inspections or requests
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ensuring that employment continues to comply with the terms underlying the work authorization
Failure to comply can result in financial penalties or restrictions on hiring foreign workers.
What happens if an employee’s job changes after their work permit is issued?
It depends on the type of work permit and the nature of the change.
For an employer-specific work permit, changes to the employer, occupation, duties, or work location may require a new work permit or other immigration steps before the employee can begin working under the changed conditions.
Changes to wages or other employment conditions may also have employer-compliance implications.
Employers should assess significant changes before implementing them rather than assuming an existing work permit automatically covers the new arrangement.
How long does it take to set up corporate immigration for a new Canadian office?
There is no single processing timeline.
The overall process can involve several separate steps, such as:
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establishing the Canadian business
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preparing corporate documentation
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developing the business plan
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completing Employer Portal requirements where applicable
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preparing the work permit application
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completing biometrics or medical requirements where applicable
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IRCC processing
Timing can also depend on the applicant’s country of residence, the particular work permit exemption, application complexity, and current processing volumes.
Businesses planning a Canadian expansion should therefore consider immigration requirements early in the expansion process rather than waiting until the employee needs to begin work.