Immigration Issues In M&A Transactions - Considerations For Foreign-Based Companies Sending Employees To Canada.

Given the complexities of a typical business acquisition, it is frequently the case that immigration issues slip well down the priority list for such a transaction.  From dealing with entry into Canada for the purpose of conducting due diligence, to deciding whose responsibility it is to employ foreign workers post transaction, immigration issues should be on any foreign acquiror's checklist.

In a situation where a foreign-based company is purchasing a Canadian company and needs to have its personnel enter Canada to conduct due diligence, in many instances representatives of the purchaser can enter as business visitors, as long as they engage in activities which are deemed to be international in nature, remain on the payroll of the foreign based company, and are not seen to be entering into the Canadian labour market.  Business visitors do not require Canadian work permits to engage in such business activities on Canadian soil.