Connect with us
Connect with us
We’re reviewing the Federal LMIA exempt work permit programs such as the ICT, C10, and C11 and what potential paths possible to PR now in 2024 with all the major changes which IRCC has implemented -making it more difficult for PR routes.
We’ll go over the program overview, the differences between these programs, and possible PR options - if any.
Keep in mind that all of these programs we are discussing are work permit only programs - and not intended for PR. However, sometimes, in very special cases it’s possible to combine it with another program and become eligible for Canadian PR. These programs are not for everyone and we don’t advise this to all our clients - but it’s important to know the differences.
Do you want to become a PR in Canada? At INGWE we could support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +50 countries in their immigration path to Canada. Fill out our form, click here.
The C11 work permit is not intended for those looking to use it to start or manage an ongoing business in Canada. The IRCC specifies that this permit is designed for individuals seeking temporary, often seasonal, entry to manage their existing business, typically self-employed individuals. Specifically, this permit is meant for self-employed persons—those who own and operate their own business, often without employing people outside their family.
The C11 visa is based on Immigration Regulations R205(a), which requires foreign nationals to create or maintain significant benefits or opportunities for Canadians. While the exact monetary value of the investment is not specified and is not the sole consideration, the benefit must be assessed on a case-by-case basis depending on the industry, type of business, and the nature of the benefit, whether social, cultural, or economic.
Examples of appropriate uses for the C11 permit include:
* Operating a food truck or a seasonal stand at an event.
* Managing short-term accommodations for a specific season or event, such as summer rentals or festival-related lodgings.
* Providing tourist destinations or guide services.
* Working as a seasonal fishing guide or running a campsite.
Additionally, self-employed individuals such as authors, musicians, artists, or athletes may use this permit to work on projects in Canada temporarily.
To qualify for the C11 LMIA-exempt work permit, you must own more than 50% of the business and typically operate as a sole proprietorship or a provincial business with limited seasonal staff.
The C11 permit is not suited for starting a long-term business, hiring Canadians for permanent positions, or extending your stay in Canada for PR purposes. While you may establish a business under this permit with plans for Canadians to continue its operation, such cases are rare.
Applicants must demonstrate significant benefits for Canada in their application for the permit to be approved.
Do you want to become a PR in Canada? At INGWE we could support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +50 countries in their immigration path to Canada. Fill out our form, click here.
If you’re an investor or entrepreneur who wants to bypass Provincial Entrepreneur programs or the Startup Visa, and your country lacks a bilateral agreement with Canada, the C10 visa might be an appropriate choice. Similar to the C11 visa, the C10 is intended for those who can provide significant cultural, social, or economic benefits to Canada. This might involve creating new benefits or maintaining existing ones, such as purchasing a struggling business to prevent its closure, preserving jobs, or maintaining a key cultural or social site.
The C10 LMIA-exempt work permit allows for establishing a long-term business in Canada. Although it is not a pathway to permanent residency on its own, it can be used in conjunction with other programs after a year to apply for PR from within Canada. The application is assessed based on your individual entrepreneurial or investor profile rather than a company, although previous business ownership experience can enhance your chances. You must own more than 50% of the Canadian business to qualify.
Under the C10 permit, creating or maintaining significant benefits for Canadians is required, as per Immigration Regulations R205(a). These benefits can be cultural, social, or economic, or a combination of these factors. The monetary value of these benefits is not fixed; the assessment considers the location, industry, and type of benefit. For example, a $50,000 investment in a specialized artisan workshop in a small town might be considered significant, while a $300,000 investment in a high-end retail store in a major city may not.
For your C10 LMIA-exempt work permit application, officers will evaluate:
Whether the business will likely provide economic stimulus or benefit Canadian workers.
Your language skills necessary for operating the business.
Your background or expertise that enhances the business’s potential.
The clarity and execution of your business plan.
Evidence of financial commitment and progress in starting the business, including investment details, lease agreements, and business registration.
Avoid standard business ideas in major cities, as they might be less favorable. For instance, opening a boutique clothing store in downtown Toronto without any distinctive cultural or community aspect may not be considered a significant benefit, even with a large investment. On the other hand, a specialty store offering unique local products in a small, underserved community could be seen as a valuable contribution.
To strengthen your application, consider creative business concepts that provide added value. For example:
Instead of opening a typical café in a large city, consider setting up a café that also functions as a community center or event space in a smaller town. This could offer social benefits by creating a venue for local events and gatherings.
Rather than starting a standard IT consulting firm in a major city, you might establish a tech training center in a rural area, partnering with local schools to provide tech education and internships. This can enhance local employment opportunities and support regional development.
Ultimately, the focus is on how your business benefits Canadians and supports the local economy, not just the type of business or investment amount. A unique business that addresses specific community needs or contributes significantly to regional development will have a stronger chance of approval.
Do you want to become a PR in Canada? At INGWE we could support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +50 countries in their immigration path to Canada. Fill out our form, click here.
The Intra-Company Transfer (ICT) program is a popular LMIA-exempt work permit option for businesses transferring key employees to Canada. It’s particularly beneficial for companies with existing operations abroad that want to send staff to their Canadian branch, or for those establishing a new branch in Canada. The ICT program, previously known as C12, is now categorized under C61, C62, or C63, depending on the role:
* C61: Employees starting a branch or affiliate in Canada.
* C62: Executives, Senior Managers, or Functional Managers.
* C63: Specialized Knowledge staff.
1: Eligibility Basis:
* ICT: Focuses on the company’s qualifications. The overseas business must meet certain financial and operational criteria to transfer staff to Canada.
* C10: Based on the individual entrepreneur or investor’s profile, requiring them to control more than 50% of the business.
* C11: Also individual-focused, intended for self-employed persons who want to manage a temporary, usually seasonal business.
2: Investment Source:
* ICT: Investment funds must come from the overseas company.
* C10: Funds are from the individual entrepreneur or investor.
* C11: Funds are from the individual self-employed person.
3: Business Duration:
* ICT: Allows for long-term business establishment with potential renewals up to 7 years.
* C10: Also supports long-term business but typically involves more limited renewal options.
* C11: Designed for short-term or seasonal businesses.
4: Company Requirement:
* ICT: Requires an established overseas company to qualify.
* C10: No requirement for an overseas company.
* C11: No requirement for an overseas company.
5: Significant Benefit Requirement:
* ICT: Required unless from a bilateral agreement country.
* C10: Significant benefits must be demonstrated.
* C11: Requires significant benefits for Canada.
6: Previous Business Ownership Experience:
* ICT: Not mandatory; the company’s operational status is key.
* C10: Experience helps but is not mandatory.
* C11: Experience helps but is not mandatory.
7: Applicant Capacity:
* ICT: Allows transfer of key or executive staff with a focus on maintaining a higher ratio of Canadian staff.
* C10: Primarily for individual entrepreneurs.
* C11: For individual self-employed persons managing seasonal or short-term operations.
In summary, the ICT program is geared towards established companies transferring key staff, while C10 and C11 are tailored for individual entrepreneurs and self-employed persons with specific business needs.
Do you want to become a PR in Canada? At INGWE we could support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +50 countries in their immigration path to Canada. Fill out our form, click here.
ICT, C10, C11: None offer a direct path to permanent residency but can be used in conjunction with other programs for PR.
Converting C10, C11, and ICT Work Permit to Canadian PR
If you are in Canada on C10, C11 and ICT work permit and want to transition to permanent residency (PR), here are four practical pathways you can explore:
1: Express Entry:
Eligibility: After holding the work permit for 12 months and having your business operational, you must meet Express Entry criteria under either the Canadian Experience Class (CEC) or Federal Skilled Worker (FSW). If you own over 50% of the Canadian branch, you will be evaluated under FSW. You need a minimum CLB7 language score for executive roles. For Express Entry, you must also show that you have been paid by the company specified in your work permit for the full 12 months, though payment could come from the overseas headquarters if it owns the majority shares in the Canadian branch.
Job Offer Points: To boost your Express Entry profile, you can claim 50 points for positions in TEER levels 0, 1, 2, or 3, or 200 points if you are in a high-level executive role (TEER 00012 to 00015). To qualify for the 200 points, you need to prove that you have been performing high-level executive duties, managing middle managers, and overseeing departments. This requires a structured company with multiple layers and staff. Simply having a small team or single branch may not suffice to claim the maximum points.
Payroll and Structure: You need to demonstrate that the company is structured appropriately with middle managers and a clear executive hierarchy. The payroll should reflect the executive role and responsibilities, indicating that you are not involved in day-to-day operations but in strategic and managerial functions. Ensure that the company’s ownership structure and share distribution align with Express Entry requirements.
2: Spouse or Common-law Partner:
If your spouse or partner has a stronger Express Entry profile and does not own more than 50% of the Canadian branch, they could qualify for PR. They would need a strong profile in terms of age, education, and language skills.
3: Nomination by Another Company:
If other options are not viable, you could consider being bought out by another company in your industry. This company can then nominate you for PR through a Provincial Nominee Program. In provinces like Nova Scotia, New Brunswick, Alberta, and BC, you can hold a minority share in the nominating company, potentially easing the PR process.
4: Provincial Nominee Programs (PNP): Another option is the Provincial Nominee Program; however, this is last on our list and is only recommended if you are unable to apply for PR through other options. You might consider applying through one of the provincial nominee programs, such as the Manitoba PNP, Nova Scotia PNP, or other PNP entrepreneur streams, to become eligible for Canadian PR. The disadvantage is that you would need to start from scratch.
Summary of Key Differences:
* Express Entry: Suitable for individuals who can meet language and work experience requirements. Higher points are awarded for executive roles with a structured company.
* PNP: Offers a more straightforward path with less stringent criteria but may require you to transition your business or have a strong local presence.
* Spouse or Partner: An alternative if they have a strong profile and can leverage their qualifications for PR.
* Nomination by Another Company: A strategic option if other paths are not available, involving a buy-out or partnership with a new company to secure a nomination.
Each pathway has specific criteria and requirements, so it’s crucial to evaluate which option aligns best with your situation and long-term goals.
Do you want to become a PR in Canada? At INGWE we could support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +50 countries in their immigration path to Canada. Fill out our form, click here.
If you’re thinking about immigrating whether permanently or temporarily - you’re at the right place! Our team speaks over +9 languages, and we help applicants from over 50 different countries during their immigration process. Get a FREE email assessment, click here.
If you’re ready to apply and would like a 1-on-1 session with me or one of immigration team members at INGWE, you can also book a session directly using this consultation link.
