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If you are a foreign entrepreneur in Canada, you could qualify for permanent residency with just 12 months of self-employed experience. Discover the inspiring journey of our client from India, who launched his IT service company in Canada in June of 2022 and paved his way to permanent residency.
Background Information
Our client, Mahajan (not his real name), is a successful business owner and professional from India. Before coming to Canada, he owned 50% of the shares in an IT service and consulting company in India, which provided web development services to customers in the USA. He initially approached us in 2022 to assist him in setting up a company branch in Canada and securing an immigration work permit as an intra-company transfer executive. Our law firm successfully represented Mahajan in his work permit application under the C-12 category, which was approved in May 2022. In June of 2022, Mahajan and his family arrived in Canada, and he immediately began working on his business.
In July of 2023, our client retained us once again to assist him with his application for permanent residence under the Express Entry Program.
Application Process
Below you will find a detailed overview of the application process for this client.
Application Strategy: Mahajan is a highly educated and experienced entrepreneur with strong language skills and solid work experience, including running his own business. However, despite his accomplishments and skills, he faced a challenge in the Express Entry pool, with a CRS score of only 335, mainly due to his age (40+).
Fortunately, having worked in Canada for 12 months as an Intra-Company Transfer executive, he became eligible to claim an additional 200 points for arranged employment in Canada. To successfully apply for permanent residence in Canada, Mahajan had to demonstrate that he had received a valid job offer in the NOC category 00 (Senior Managers).
For the job offer to be considered valid, Mahajan had to provide evidence to the IRCC regarding the establishment of his business operations in Canada and demonstrate that he held the most senior position in his company in Canada.
Problem: Unfortunately, in this case, Mahajan’s company in Canada generated a modest revenue of about $60,000+ in the past year due to the start-up nature of the business in Canada. Additionally, given the stage of his company’s growth, the company hired only one Project Manager in Canada but was rapidly expanding its operations.
Solution: Our team focused on the most important aspects of Mahajan’s application, highlighting the positive aspects of the business growth and explaining all potential issues in his application. Specifically, we argued that the establishment of a business in Canada should not be judged solely by the revenue generated, as many companies invest considerable resources for years before seeing any revenues. Given the specific nature of this business, the company’s revenue was not a good indicator of the validity of the job offer. Additionally, we argued that the limited number of employees on the payroll should not be a prerequisite for Mahajan’s ability to claim points for arranged employment in Canada.
Outcome: IRCC accepted our position and approved our client’s application for Permanent Residence in Canada. We thank IRCC for being reasonable and flexible in this case.
Congratulations to our client! We wish them tremendous success in Canada!
Facts of the Case
A detailed summary of the facts is listed below:
- Original date of arrival to Canada: June 2022.
- Immigration Program: Intra-Company Transfer Work Permit for 1 year.
- Annual business revenue in Canada: 60,000+
- Employment opportunities for Canadians: 1 position
- Immigration application submitted: October 2023.
- CRS Score: 535 (with 200 points for “arranged employment”).
- Time to get a decision: 4 months.
- Outcome: permanent residence in Canada for the Client and his family.
- Total time to become PR as an owner of a business in Canada: 19 months.
If you’re a foreign national aspiring to build your business in Canada, our team is here to assist you, no matter how difficult your case may be. We specialize in navigating complex immigration matters and skilfully presenting strong aspects of your case to IRCC Officers in a clear and comprehensive manner. With our expertise, your application stands the best chance of success.
Everyone deserves competent, honest, and caring immigration support! Talk to us today.
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If you have heard about LMIA, then you must have heard about a Transition Plan or Labour Market Benefit Plan, which could be applicable to...Our Clients Say…
Lucia LuI 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 DunbureeI 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 BanikI really appreciate Sovirovs professional services ,I am truly happy and satisfied with their team work .I wish them all the bestAmirov TemurI 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 lI 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 AliMy 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 VedI 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 ErcetinDear 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 regardsRakesh ShrivastavaI 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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