Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/50895
FEATURE ship and Immigration Canada." "The problems are not what you know, but what you don't know," says Lowe. ■■■ Processing an intracompany transfer can take as little as one day up to three months, says Cohen, who typically advises clients to "count on a couple of weeks." However, secondary issues can slow things down and cause problems, adds Petrykanyn, who describes the following as the "three big ones." Medical issues In some cases, depending on the nationality of the employee, a medical exam may be required, which can cause delays. If the transferee and/or their family members have health issues that are likely to cause a disproportionate effect on the Canadian health-care system, there might be a further delay, as immigra- tion officials would require additional information. Worst of all, the foreign worker may be refused a work permit altogether. Criminality If the employee has ever been convicted of a criminal offence equivalent to a Canadian Criminal Code offence, it can cause delays or an outright bar. "These are things that sometimes come up at the port of en- try, with the person's application," says Petrykanyn. "The officer may say, 'Everything looks good, sir. Have you ever been con- victed of a crime?' And the person says, 'Well, you know, when I was 19, there was this thing where I was in a fight.' . . . And at that point, that's where it can arise." In that situation, whether it's a DUI or possession of marijua- na, the work permit will not be issued. Once disclosed, however, special applications can be made to "rehabilitate" the employee's prior record. The real danger arises if the employee does not disclose the prior conviction, only to see it otherwise revealed. Immigration officials have access to FBI records, among other resources. It then becomes a misrepresentation, which can bar applicants from reapplying. Questions of criminality can be particularly troubling for in-house counsel, as employers are not generally permitted to inquire about an employee's prior criminal record. Oſten a side agreement must be reached to disclose information to the em- ployer on a need-to-know basis. Previous problems at the border If the employee has had problems with immigration before, it might result in delays. For example, Petrykanyn says several years ago he had an executive coming in from the U.S. who had [Across the street, down the block or Canada wide — our commercial team is ready for you. ] Financial Strength Ratings: Demotech , Inc. A" | + For over 100 years, legal professionals have trusted Stewart Title to provide title insurance for their commercial real estate transactions. Some of the world's best hotels, golf courses, resorts, office towers and business centres are insured by Stewart Title. Our global reach and financial strength, combined with the expertise of our Commercial Team, enable us to handle the most complex transactions. We can facilitate specialized commercial endorsements for almost any situation. Our title insurance services provide efficient closings and fast turnaround times. With Stewart Title you can close real estate transactions with security and peace of mind. Visit www.stewart.ca to view some of our recent transactions, or call us for a quotation on your next transaction to see us in action. 1.888.667.5151 Fitch Ratings A + 10 OC T OBER 2008 C ANADIAN Lawyer INHOUSE Untitled-6 1 6/19/08 11:52:50 AM