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Canada has long been a popular destination for immigrants from around the world. With its growing economy and immigration-welcoming culture, it is no surprise that many entrepreneurs from India are looking to start their businesses in Canada. However, navigating the Canadian immigration and business landscape can be daunting, so we at Sobirovs Law Firm have obtained the internal notes of a Visa Officer who approved our client’s work permit application from India.
First and foremost, it is vital to understand the different types of visas and work permits available to Indian entrepreneurs. One standard option is the Intra-Company Transfer (ICT) work permit, which allows individuals who work for a Canadian company that is a subsidiary, branch, or affiliate of a parent company in India. This type of work permit is a suitable option for individuals who wish to establish a new business in Canada but require transferring key personnel from their Indian company to Canada to get started.
To be eligible for an ICT work permit, the individual must have been employed by the Indian company for at least one year within the past three years and hold a senior executive or managerial position, or be in a specialized knowledge category. Additionally, the Canadian and Indian entities must have a qualifying relationship, and the Canadian entity must be doing business in Canada in the same or a similar type of business as the foreign entity.
ATIP Notes of the Visa Officer Say It All
The best way to understand what a Visa Officer looks for in an ICT work permit application is to analyze the internal notes of the same Officer. That’s exactly what we did. We obtained the ATIP notes from the visa office that approved the work permit application of our Indian client.
When reviewing the ICT Work Permit application to Canada, the Visa Officers try to get the answers to the following questions in the submitted application package:
- How long has the applicant been working for the parent company?
- What will the applicant be doing in Canada? Is his work essential? What function will he/she do in Canada?
- Does the applicant have the necessary educational and professional background to do the job in Canada?
- Is the newly created company in Canada active now?
- Does the Canadian company have a business plan and/or staffing plan?
- Does the Canadian company have the ability to compensate the applicant for his/her work?
- Will the Canadian company be a viable enterprise and create new jobs for Canadians?
- Will the Canadian operations be large enough to require the transfer and participation of an executive from his home country to Canada?
- Is the parent company actively involved in selling goods or services?
- Are the parent company and the Canadian company have the relationship necessary to qualify the applicant for the ICT work permit?
- Is the applicant’s intended work in Canada of temporary nature?
- Are there any concerns about the applicant, the parent company or the Canadian company, or any document provided by the applicant?
An ICT work permit application that passes this analysis successfully has a higher chance of being approved by Canadian visa officers. Therefore, the applicant and the business immigration lawyer involved in preparing the application must pay close attention to what the Visa Officers think and look for.
In conclusion, starting a business in Canada from India in 2023 is an exciting opportunity, but it can also be a complex process. With the right visa or work permit, a strong application, and the support of a knowledgeable legal team, Indian entrepreneurs can achieve their goals and build successful businesses in Canada. At Sobirovs Law Firm, we are committed to helping Indian entrepreneurs navigate the Canadian immigration and business landscape and achieve their dreams in Canada.
Sobirovs is Coming to India in April 2022
At Sobirovs Law Firm, we have helped many Indian entrepreneurs successfully navigate the Canadian immigration and business landscape. We work closely with our clients to understand their unique situations and develop customized plans to help them achieve their goals in Canada.
In addition to our legal services, we also offer resources and events specifically for Indian entrepreneurs. Our website features a country guide for India, which provides detailed information on the Canadian immigration process, as well as success stories of Indian entrepreneurs who have successfully started businesses in Canada. We also hold events in India to provide in-person guidance and support for those who are interested in starting a business in Canada.
In April 2023, a team of Sobirovs lawyers and several other experts from Canada will be visiting India. We will organize several seminars about business immigration from India to Canada. Spaces are very limited.
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