Company Expanding to Canada - Advice needed
Dec 22nd 2005, 1:51 pm
#1
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Thread Starter
Joined: Dec 2005
Posts: 3
Company Expanding to Canada - Advice needed
Hi All,
Great forum by the way.
I am hoping some of the regulars or some of the expert’s maybe to be able to help me here.
My company have just decided that they want to expand their UK based business into Canada. They have asked if I would run the Canadian company and of course I said yes. As a result they want me to start the ball rolling and oversee this expansion.
Can anyone tell me where should I should start, can I get a work visa just to move out there and work as I will be still employed and getting paid from the UK or does my company need to set up an official office and register it with the appropriate authorities.
If anyone needs of any good site it would be appreciated
Thanks for all your help
Great forum by the way.
I am hoping some of the regulars or some of the expert’s maybe to be able to help me here.
My company have just decided that they want to expand their UK based business into Canada. They have asked if I would run the Canadian company and of course I said yes. As a result they want me to start the ball rolling and oversee this expansion.
Can anyone tell me where should I should start, can I get a work visa just to move out there and work as I will be still employed and getting paid from the UK or does my company need to set up an official office and register it with the appropriate authorities.
If anyone needs of any good site it would be appreciated
Thanks for all your help
Last edited by hickymiky; Dec 22nd 2005 at 3:14 pm.
Dec 22nd 2005, 2:39 pm
#2
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Joined: Sep 2003
Location: Upstate South Carolina
Posts: 30,768
Re: Company Expanding to Canada - Advice needed
It sounds like what is proposed is an intra-company transfer. There are a few posters here who have experienced that route I think. You cant really transfer unless there is a canadian subsidiary set up, which should not be hard to arrange, but if Im not mistaken you can only be registered, not incorporated without some bona fide canadians on the board?
Transfers are covered by a work permit that does not require HRSDC approval.
Once here on a work permit (temporary status) you can apply for PR if you want to stay permanently in Canada.
As a business proposition I think your employer should hire a reputable consultant / lawyer to ensure everything goes smoothly, even though its pretty straigtforward. There is more (too much) info in the official guide here,
here is a snippet...
5.31. Canadian interests: Significant benefit—Intra-company transferees R205(a), C12
Summary:
• Applies to senior managers & specialized knowledge workers; work permits required, but exempt from HRSDC confirmation R205(a), CEC C12 (unless they are citizens of the U.S., Mexico or Chile, in which case R204 is the authority, CEC T24).
• Canada has provisions that allow for the transfer of an employee from the foreign to the Canadian branch of an international company. In order to qualify for the Intra-Company Transferee category, a business enterprise “is or will be doing business” in both Canada and the foreign country.
Doing business means regularly, systematically, and continuously providing goods and/or services by a parent, branch, subsidiary, or affiliate in Canada and the foreign country, as the case may be. It does not include the mere presence of an agent or office in Canada. For instance, a company with no employees which exists in name only and is established for the express purpose of facilitating the entry of Intra-Company Transferees would not qualify. (See Appendix G for an explanation of terminology.) Evidence of the fact that a company is actively doing business such as annual reports (for public companies), articles of incorporation, profit/loss statements may be useful. Evidence that an employer is a legal entity may be articles of
incorporation, partnership agreements, license to do business, evidence of registration with CCRA as an employer.
Non-qualfiying business relationships would be those based on contracts, licensing arrangements and franchise agreements. Associations between companies based on factors such as ownership of a small amount of stock in another company, exchange of products or services, licensing or franchising agreements, membership on boards of directors, or the formation of consortiums or cartels do not create affiliate relationships between the entities.
An applicant seeking entry to open a new office on behalf of the foreign enterprise may also qualify, having established that the enterprise in Canada is expected to support a managerial or executive position or, in the case of specialized knowledge, is expected to be doing business.Factors such as the ownership or control of the enterprise, the premises of the enterprise, the investment committed, the organizational structure, the goods or services to be provided and the viability of foreign operation should be considered.
Work permits may be authorized under the generally applicable R205(a) (economic benefits), or, for citizens of certain countries, under R204(a) (international agreements). There are now two categories of Intra-company transferee under the general provision: Senior Managers/ Executives and Specialized knowledge workers.
Transfers are covered by a work permit that does not require HRSDC approval.
Once here on a work permit (temporary status) you can apply for PR if you want to stay permanently in Canada.
As a business proposition I think your employer should hire a reputable consultant / lawyer to ensure everything goes smoothly, even though its pretty straigtforward. There is more (too much) info in the official guide here,
here is a snippet...
5.31. Canadian interests: Significant benefit—Intra-company transferees R205(a), C12
Summary:
• Applies to senior managers & specialized knowledge workers; work permits required, but exempt from HRSDC confirmation R205(a), CEC C12 (unless they are citizens of the U.S., Mexico or Chile, in which case R204 is the authority, CEC T24).
• Canada has provisions that allow for the transfer of an employee from the foreign to the Canadian branch of an international company. In order to qualify for the Intra-Company Transferee category, a business enterprise “is or will be doing business” in both Canada and the foreign country.
Doing business means regularly, systematically, and continuously providing goods and/or services by a parent, branch, subsidiary, or affiliate in Canada and the foreign country, as the case may be. It does not include the mere presence of an agent or office in Canada. For instance, a company with no employees which exists in name only and is established for the express purpose of facilitating the entry of Intra-Company Transferees would not qualify. (See Appendix G for an explanation of terminology.) Evidence of the fact that a company is actively doing business such as annual reports (for public companies), articles of incorporation, profit/loss statements may be useful. Evidence that an employer is a legal entity may be articles of
incorporation, partnership agreements, license to do business, evidence of registration with CCRA as an employer.
Non-qualfiying business relationships would be those based on contracts, licensing arrangements and franchise agreements. Associations between companies based on factors such as ownership of a small amount of stock in another company, exchange of products or services, licensing or franchising agreements, membership on boards of directors, or the formation of consortiums or cartels do not create affiliate relationships between the entities.
An applicant seeking entry to open a new office on behalf of the foreign enterprise may also qualify, having established that the enterprise in Canada is expected to support a managerial or executive position or, in the case of specialized knowledge, is expected to be doing business.Factors such as the ownership or control of the enterprise, the premises of the enterprise, the investment committed, the organizational structure, the goods or services to be provided and the viability of foreign operation should be considered.
Work permits may be authorized under the generally applicable R205(a) (economic benefits), or, for citizens of certain countries, under R204(a) (international agreements). There are now two categories of Intra-company transferee under the general provision: Senior Managers/ Executives and Specialized knowledge workers.
Last edited by iaink; Dec 22nd 2005 at 4:03 pm.
Dec 22nd 2005, 7:18 pm
#3
Just Joined
Thread Starter
Joined: Dec 2005
Posts: 3
Re: Company Expanding to Canada - Advice needed
thanks for the info - really appreciated. I guess the only way to go is to establish and register office then apply as an intra-company tranferee.... does you of anyone who has done this in the past?
also do you know of any good lawyers / consultants?
also do you know of any good lawyers / consultants?
Originally Posted by iaink
It sounds like what is proposed is an intra-company transfer. There are a few posters here who have experienced that route I think. You cant really transfer unless there is a canadian subsidiary set up, which should not be hard to arrange, but if Im not mistaken you can only be registered, not incorporated without some bona fide canadians on the board?
Transfers are covered by a work permit that does not require HRSDC approval.
Once here on a work permit (temporary status) you can apply for PR if you want to stay permanently in Canada.
As a business proposition I think your employer should hire a reputable consultant / lawyer to ensure everything goes smoothly, even though its pretty straigtforward. There is more (too much) info in the official guide here,
here is a snippet...
5.31. Canadian interests: Significant benefit—Intra-company transferees R205(a), C12
Summary:
• Applies to senior managers & specialized knowledge workers; work permits required, but exempt from HRSDC confirmation R205(a), CEC C12 (unless they are citizens of the U.S., Mexico or Chile, in which case R204 is the authority, CEC T24).
• Canada has provisions that allow for the transfer of an employee from the foreign to the Canadian branch of an international company. In order to qualify for the Intra-Company Transferee category, a business enterprise “is or will be doing business” in both Canada and the foreign country.
Doing business means regularly, systematically, and continuously providing goods and/or services by a parent, branch, subsidiary, or affiliate in Canada and the foreign country, as the case may be. It does not include the mere presence of an agent or office in Canada. For instance, a company with no employees which exists in name only and is established for the express purpose of facilitating the entry of Intra-Company Transferees would not qualify. (See Appendix G for an explanation of terminology.) Evidence of the fact that a company is actively doing business such as annual reports (for public companies), articles of incorporation, profit/loss statements may be useful. Evidence that an employer is a legal entity may be articles of
incorporation, partnership agreements, license to do business, evidence of registration with CCRA as an employer.
Non-qualfiying business relationships would be those based on contracts, licensing arrangements and franchise agreements. Associations between companies based on factors such as ownership of a small amount of stock in another company, exchange of products or services, licensing or franchising agreements, membership on boards of directors, or the formation of consortiums or cartels do not create affiliate relationships between the entities.
An applicant seeking entry to open a new office on behalf of the foreign enterprise may also qualify, having established that the enterprise in Canada is expected to support a managerial or executive position or, in the case of specialized knowledge, is expected to be doing business.Factors such as the ownership or control of the enterprise, the premises of the enterprise, the investment committed, the organizational structure, the goods or services to be provided and the viability of foreign operation should be considered.
Work permits may be authorized under the generally applicable R205(a) (economic benefits), or, for citizens of certain countries, under R204(a) (international agreements). There are now two categories of Intra-company transferee under the general provision: Senior Managers/ Executives and Specialized knowledge workers.
Transfers are covered by a work permit that does not require HRSDC approval.
Once here on a work permit (temporary status) you can apply for PR if you want to stay permanently in Canada.
As a business proposition I think your employer should hire a reputable consultant / lawyer to ensure everything goes smoothly, even though its pretty straigtforward. There is more (too much) info in the official guide here,
here is a snippet...
5.31. Canadian interests: Significant benefit—Intra-company transferees R205(a), C12
Summary:
• Applies to senior managers & specialized knowledge workers; work permits required, but exempt from HRSDC confirmation R205(a), CEC C12 (unless they are citizens of the U.S., Mexico or Chile, in which case R204 is the authority, CEC T24).
• Canada has provisions that allow for the transfer of an employee from the foreign to the Canadian branch of an international company. In order to qualify for the Intra-Company Transferee category, a business enterprise “is or will be doing business” in both Canada and the foreign country.
Doing business means regularly, systematically, and continuously providing goods and/or services by a parent, branch, subsidiary, or affiliate in Canada and the foreign country, as the case may be. It does not include the mere presence of an agent or office in Canada. For instance, a company with no employees which exists in name only and is established for the express purpose of facilitating the entry of Intra-Company Transferees would not qualify. (See Appendix G for an explanation of terminology.) Evidence of the fact that a company is actively doing business such as annual reports (for public companies), articles of incorporation, profit/loss statements may be useful. Evidence that an employer is a legal entity may be articles of
incorporation, partnership agreements, license to do business, evidence of registration with CCRA as an employer.
Non-qualfiying business relationships would be those based on contracts, licensing arrangements and franchise agreements. Associations between companies based on factors such as ownership of a small amount of stock in another company, exchange of products or services, licensing or franchising agreements, membership on boards of directors, or the formation of consortiums or cartels do not create affiliate relationships between the entities.
An applicant seeking entry to open a new office on behalf of the foreign enterprise may also qualify, having established that the enterprise in Canada is expected to support a managerial or executive position or, in the case of specialized knowledge, is expected to be doing business.Factors such as the ownership or control of the enterprise, the premises of the enterprise, the investment committed, the organizational structure, the goods or services to be provided and the viability of foreign operation should be considered.
Work permits may be authorized under the generally applicable R205(a) (economic benefits), or, for citizens of certain countries, under R204(a) (international agreements). There are now two categories of Intra-company transferee under the general provision: Senior Managers/ Executives and Specialized knowledge workers.
Dec 22nd 2005, 7:39 pm
#4
Moderαtor Emeritus
Joined: Sep 2003
Location: Upstate South Carolina
Posts: 30,768
Re: Company Expanding to Canada - Advice needed
Originally Posted by hickymiky
thanks for the info - really appreciated. I guess the only way to go is to establish and register office then apply as an intra-company tranferee.... does you of anyone who has done this in the past?
also do you know of any good lawyers / consultants?
also do you know of any good lawyers / consultants?
Photoads is one infrequent poster who I think did this? Could try emailing him through his member profile?
Wouldnt know who to recommend as a lawyer. My company uses Baker and McKenzie in Toronto for everything, including my recruitment and later PR application several years ago, and they are a global company with two canadian offices and many others around the world, obviously they are not immigration specialists, although I expect they employ a few and probably have experience of what would be required to set up a canadian subsidiary and transfer the necessary personel, but I would guess they are not the cheapest company on the block.
Last edited by iaink; Dec 22nd 2005 at 7:57 pm.
Dec 22nd 2005, 7:47 pm
#5
Assimilated Pauper
Joined: Mar 2005
Location: Ontario
Posts: 40,020
Re: Company Expanding to Canada - Advice needed
Souvenir is a current poster who is resident in Canada and an employee of a UK firm. I don't know if he'll know about immigration issues but he will know about tax ones.
Dec 22nd 2005, 8:25 pm
#6
Joined: May 2004
Posts: 8,984
Re: Company Expanding to Canada - Advice needed
It may be a tricky process, depending from many factors. What is your current position in UK company and for how long? How many employees they have? What exactly your company wants to do in Canada - what sort of business? What is the expansion capital involved? Number of jobs for Canadians to be created and in what period of time? What are your long term plans - returning to UK after few years or settling in Canada permanently? What is your nationality? And quite few more questions to follow.
Feel free to contact me directly for free evaluation of your chances and possible options. Simply click on my name to the left and select "Send email to..."
Feel free to contact me directly for free evaluation of your chances and possible options. Simply click on my name to the left and select "Send email to..."
Originally Posted by hickymiky
Hi All,
Great forum by the way.
I am hoping some of the regulars or some of the expert’s maybe to be able to help me here.
My company have just decided that they want to expand their UK based business into Canada. They have asked if I would run the Canadian company and of course I said yes. As a result they want me to start the ball rolling and oversee this expansion.
Can anyone tell me where should I should start, can I get a work visa just to move out there and work as I will be still employed and getting paid from the UK or does my company need to set up an official office and register it with the appropriate authorities.
If anyone needs of any good site it would be appreciated
Thanks for all your help
Great forum by the way.
I am hoping some of the regulars or some of the expert’s maybe to be able to help me here.
My company have just decided that they want to expand their UK based business into Canada. They have asked if I would run the Canadian company and of course I said yes. As a result they want me to start the ball rolling and oversee this expansion.
Can anyone tell me where should I should start, can I get a work visa just to move out there and work as I will be still employed and getting paid from the UK or does my company need to set up an official office and register it with the appropriate authorities.
If anyone needs of any good site it would be appreciated
Thanks for all your help
Dec 22nd 2005, 8:40 pm
#7
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Joined: Sep 2003
Location: Upstate South Carolina
Posts: 30,768
Re: Company Expanding to Canada - Advice needed
Originally Posted by hickymiky
any good site it would be appreciated
http://canadabusiness.gc.ca/gol/cbec...n/bg00328.html
http://www.cbsc.org/servlet/ContentS...=1115053470142
is a good starting point, with pointers to provincial sites and general advice / overview of company types
For ontario business for example....
http://www.cbs.gov.on.ca/mcbs/english/273a_3ea.htm
Dec 25th 2005, 1:05 pm
#8
Just Joined
Thread Starter
Joined: Dec 2005
Posts: 3
Re: Company Expanding to Canada - Advice needed
Thanks for your feedback everyone - appreciated....... will check out all sites. I will let you know how I get on. If you come across any further information in the meantime that you know might help me please feel free to post it here
