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Is Canada interested in promoting immigration of business people?
by: Sergio R. Karas, Canadian Lawyer (karas@karas.ca)
Canada wishes to promote and to facilitate the immigration of persons with experience in business in foreign countries, who will make a positive contribution to the economic development of Canada, and who will bring their capital and experience, creating jobs for residents. The category of business immigration comprises investors, self-employed persons and entrepreneurs.
Entrepreneurs are those persons who have the intention and the ability to establish, or to make a substantial investment in a business in Canada, and who will actively participate in its management. The proposed business must make a significant contribution to the economy and must result in the creation and maintenance of job opportunities for one or more Canadian citizens or permanent residents, other than the applicant and his or her dependants. This category is suitable for people with experience who have operated, controlled or directed a successful enterprise in their country of origin.
The self-employed immigrant is a person who has the intention and the ability to establish a business in Canada, which will employ only the applicant in its operations, and will contribute to the economy or to the cultural development of the country. This category comprises individuals who, although they will not be creating jobs for permanent residents or Canadian citizens, will, nevertheless, make a significant contribution to the economy, such as artists, farmers, sports personalities, or those who operate small businesses in determined communities.
Investors are those persons who have a successful history in business and have assets in a prescribed amount. Investors are required to put their capital at risk in one of the projects approved by the government, which will provide an investment unit in accordance with the regulations under the Immigration Act.
Given the extreme complexity of these issues it is important that every person who intends to make any application contact a lawyer (Barrister & Solicitor), before confronting any kind of legal procedure, to obtain the appropriate advice. People must be alert and avoid seeking advise from individuals who are not lawyers and do not possess the necessary legal knowledge or appropriate supervision, and may take undue advantage of those who are not familiar with the Canadian legal system. Recently, a decision from the British Columbia Supreme Court granted the Law Society of that Province a permanent injunction against a "consultant", on the basis that he was in essence practising law without being a member of the Bar. The court decided that, in order to give legal advise to clients for a fee, a person must be a lawyer and member of the Provincial Bar. The public is advised to exercise the utmost caution in order not to jeopardize their situation, and deal only with lawyers who are members of the Bar.
