Rejection to Approval: Start-up Founder Capitalizes on Business Opportunities in Canada

Our client, a thriving transportation company, inquired about business expansion to Canada. In particular, the company contacted us to assist with the transfer of one of its senior executives to its newly established office in Canada. She was appointed to lead the establishment and growth of their Canadian subsidiary. The company has allocated between CAD $250,000 to CAD $350,000 of capital to fund the first year of Canadian operations.

The facts of the case were:

  • The parent company is an established transportation provider in Vietnam, focusing on passenger transportation in major cities of the country;
  • The parent company generates close to CAD $3 million in yearly gross revenue;
  • The Canadian company intended to offer waste removal services in the Greater Toronto Area;
  • The senior executive is a majority shareholder of the parent company and was appointed to act as the CEO of the Canadian subsidiary;
  • She has over a decade of experience managing teams and business operations in the transportation industry.

After careful consideration of our client’s business interests, our business immigration lawyers proposed to pursue the Intra-Company Transfer program.

The Timeline of the Case

  • Application submitted: November 21, 2021.
  • Decision: On February 21, 2022, the application was rejected.
  • Request for Reconsideration Filed: March 14, 2022.
  • Additional Request Filed: May 16, 2022.
  • Final Decision Received: June 9, 2022. The application was re-assessed and approved.

The client secured a work permit, her spouse obtained an open work permit, and their children received study permits.

We are delighted with the outcome and looking forward to welcoming a new and existing company to Canada!

From an Unfair Rejection to a Successful Approval

In this case, the immigration Officer refused our client’s application on the following grounds:

You have not satisfied me that you have realistic plans to undertake the proposed business in Canada or that said business was created for any reason other than to facilitate procuring a work permit for Canada.

The GCMS notes further revealed that the Officer had reached this conclusion based on 3 findings:

  • The applicant did not have the relevant educational background;
  • The business in Canada was very new and had no employees; and
  • The key documents, like a business plan and employment records, were not provided.

In our objection letter, our lawyers addressed each and every concern that the Visa Officer had with this application. Namely, concerning issue No 1: lack of education, our lawyers have stated that the operational guidelines do not explicitly require executive or senior managerial employees to have any post-secondary education or formal training. Instead, they simply require that applicants fall within the Executive or Senior Managerial category and hold executive or senior managerial responsibilities and duties.

For issue No 2: newly established business in Canada, our lawyers argued that the Officer seems to have misunderstood the start-up nature of the business and then discussed the legal test applicable to the newly established companies in Canada and how this particular company met the requirements of the program.

For issue No 3: lack of evidence and absence of the business plan, our team pointed out that all the “missing” documents, including a 44-page business plan, had been provided with the original application, and the Officer had either overlooked the evidence, or it was inadvertently misplaced. The applicant was not to blame for this oversight on the Officer’s part.

Lastly, we pointed out that it was unfair for the Officer to make veiled credibility findings against our client without giving our client a chance to provide her responses to the Officer’s concerns.

We are thrilled to report that the defense strategy developed by our lawyers for this application resulted in a positive outcome for our client, who is now on her way to Canada!

Why You Should Choose Sobirovs as Advisors for Your Tech & Business Immigration to Canada

At Sobirovs, the success of our clients’ business immigration cases is our number one priority. We take the outermost care of every client and offer personalized immigration solutions unique to your business. Even when the IRCC makes unreasonable or procedurally unfair decisions, we stand by our clients and work together to secure a desirable outcome for them. Our extensive experience in helping international entrepreneurs allows us to develop the best immigration strategy for every client.

Take these three steps to learn more about your business immigration possibilities, and let’s team up to achieve your goals today:

  • Step 1: Check your eligibility for business immigration programs using our Free Instant Assessment tool.
  • Step 2: Check our fees using our Fee Calculator. Don’t worry if the costs estimated by the Fee Calculator seem too high. We can give you a discount if your case is strong and if you hire us for multiple immigration projects.
  • Step 3: Book a 1-hour Strategy Meeting with our senior business immigration lawyer to discuss your immigration strategy.

Bringing You, Your Tech Talent & Your Business To Canada

Get started and make your first step towards Canada. Book your 1-hour strategy meeting with a licensed Canadian immigration lawyer.

Immigration to Canada can be very complicated for businesses, business owners, and foreign employees. Hiring business immigration lawyers with the skill, experience, and patience is often crucial to successfully navigating this complex process. The experienced professionals at Sobirovs Law Firm offer tailored legal services in all business and corporate immigration matters. Contact us for more information on how we can help you meet your immigration needs.

We have worked with & represented clients from all walks of life. Always just one call – or click – away, weʼre happy to help you begin your & your familyʼs journey to Canada.

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Our Clients Say…

Lucia Lu
Lucia Lu
I cannot say enough good things about Sobirovs Law Firm’s exceptional team. My work permit application was quite complex and underwent numerous tests, including a rejection from the first attempt. Feruza developed a tailored strategy that contributed to the best chance of success in the resubmission, and her entire team presented my case with unparalleled expertise and genuine care. I want to express my heartfelt gratitude to Maggie, a phenomenal consultant who supported me in every step of the application, took the time to understand my unique situation and answered all my questions patiently. Her in-depth knowledge of the work permit program, proficiency in preparing my application and professional communication were reassuring and truly remarkable. Thanks to your team’s extraordinary work, I can now pursue my business goals in Canada with peace of mind. I am grateful for your hard work and the compassionate support you provided throughout this journey. You have my highest recommendation without any reservations.
Nomin Dunburee
Nomin Dunburee
I had the pleasure of collaborating with the highly skilled professionals at Sobirovs to achieve my goals. Feruza's extensive expertise was invaluable, as she guided me through the most suitable pathway for my business immigration. I am profoundly grateful for choosing Sobirovs and highly recommend their exceptional services!
Bimal Banik
Bimal Banik
I really appreciate Sovirovs professional services ,I am truly happy and satisfied with their team work .I wish them all the best
Amirov Temur
Amirov Temur
I am happy with the help I got from Sobirov Law Firm. They were always there for me : answering my questions and giving me support through the visa application process and with general immigration related questions. They made everything easier and were quick to respond whenever I needed them. I would recommend Sobirov Law Firm to anyone needing visa assistance for Canada. I trusted them, and did not regret! Thanks for all your help! I hope for further cooperation with you.
Yuri l
Yuri l
I would like to express my sincere gratitude to Ms. Feruza Djamalova, Ms. Judy Le and the entire team of Sobirovs Law Firm for their highly professional and excellent work in the complicated process of obtaining approval of our application for the business immigration program. I had several previous refusals over the course of 5 years. At that point, I contacted Sobirovs Law Firm. Their knowledge, competence, and perseverance turned my application into a success! My case was dealt by Feruza and Judy and I sincerely appreciate what an incredible job they have done and how much they have helped us. I believe they have a special gift and talent for assisting their clients. I want to particularly thank Judy for her patience and attention to detail in our case and also for thanks to her diligence, skill and attention to detail. I highly recommend Sobirovs Law Firm to anyone who wants to move to Canada using Business Immigration Programs and is looking for an immigration law firm capable of making a dream come true. They are highly professional and specialized in this field. I would like to extend my heartfelt thanks for their support.
Syed Namdaar Ali
Syed Namdaar Ali
My experience with Sobirov's was very rewarding. Starting from LMIA to Work permit it was a smooth sail. The entire team especially Yulia prepared my case painstakingly. They guided me on every little detail. Special thanks to Feroza, Farukh, Madina and the entire team for making this happen.
Bhrushank Ved
Bhrushank Ved
I had an amazing experience with the Sobirovs in applying for my C11 Work Permit. Feruza, Maggie, Judy and Yulia planned every step of the way and made the process a breeze. Benjamin was also quite knowledgeable and assisted me with the business plan for my application. I recommend Sobirovs team if you plan to expand your existing business or start a new business in Canada. Highly recommended!
Senol Ercetin
Senol Ercetin
Dear Sobirovs Team, I would like to thank you (Yulia, Faruk, Feruza, Madina) for taking care of us closely in obtaining the necessary work permits for the establishment of the Canadian branch of our company and the necessary visas for our family. You have carried out a flawless process. With sincere regards
Rakesh Shrivastava
Rakesh Shrivastava
I had a great experience working with the Sobirov Law Firm. The entire team was professional, prompt, and meticulous in their approach. We started working with them on LMIA under GTS of the Temporary Foreign Worker Program. The time it took from creation of an Incorporation to submission and approval of our application was around 8 weeks. Work Permit approval took another 2 weeks. They also helped us get shared office space since it was a new experience for us. They guided us in finding a payroll service provider and a realtor to help with the relocation of the foreign employee. My sincere thanks to Feruza Djamalova and Rakhmad Sobirov (Attorneys), and Yulia Kan (Team Lead).


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