Parents Immigration set to re-open in 2014

Parents Immigration set to re-open in 2014

Citizenship & Immigration Canada is set to re-open the Immigration program for sponsoring parents and grandparents by Canadians in January, 2014.

The program was closed for new applications in December, 2011, while the department revamped the program criteria and cleared the backlog of pending applications.

The announcement includes details on the criteria proposed for new program:

  • 5000 applications to be accepted per year;

  • Minimum necessary income to be increased by 30%;

  • Sponsor must demonstrate the above income for lat 3 years (up from 1 year);

  • The income proof documents restricted to Canada Revenue Agency (CRA)-issued Notice of Assessment (eliminating the flexibility in supporting documentation);

  • The period of undertaking increased to 20 years (from the current 10 years).

Given the restrictions on application intake and the focus on complete applications, it is imperative for sponsors to prepare a complete application in advance.

Transcend Consultants provides assistance to our clients in and outside Canada, in all Canadian Immigration programs.

Which is why I have declined to accept any FSW applicants under the FSW 300 cap per occupation. I have just told them to apply on their own because I believe that the odds of being one of the first 300 is remote for anyone who applies in a popular occupation after May 3rd.

For parents it would be a bit different. Those applications conceivably could be ready in advance of the opening. My concern, however, is that CIC will change the forms on December 31st and return any submission on the older forms. So, even if its ready to go, you won’t know until January 2nd if its a go — let alone a sure thing.

One way to get around the CIC-created problem is to set a fee for “application preparation” with a second installment upon confirmation that the file will be processed. This approach should avoid requiring a refund. If, however, the prospective client balks, you’d have to decide whether to take the risk or walk away.

4 Step Guide to Increase your Salary

4 Step Guide to Increase your Salary

Do your due diligence.

Making sure that you have all the facts is part of your daily life as a litigator or claims handler, so gathering the relevant information before battle will be straight forward. You must prove that you have exceeded your boss’s expectation in the last year. It will not be good enough to have just met your objectives. So what were your best triumphs? What financial benefits have you brought to the company? Being a marketeer is an essential skill if you want to make partnership or seeking any promotion, so don’t be shy in asking clients for testimonials. Put yourself in your boss’s shoes and make their life as easy as possible, by presenting and selling yourself in a clear, organised way.

The second part of due diligence is finding out what other professionals in your sector working for comparable companies or firms.

Know your 12 month plan

What is your plan of action for the next 12 months that will result in increased revenue? Have you identified an opportunity to help solve further problems for your clients? Do you have a flair for writing legal articles which can be published on your firm’s website? This can improve search engine optimization and attract new clients. Be careful not to over commit, because you might have a family to consider who also need your time.

Timing is everything

Get this wrong and its curtains before you start. No point asking for a pay rise if staff is being laid off or the firm has issued a profit warning. Set your bosses expectations, so they know what you would like to discuss. Bosses don’t particularly like talking about pay rises, but if you say something like… “I would like to set a time for us to discuss my work which has resulted in retaining X client and making the firm X pounds”, then it will sure to be a great starting point. One of the biggest turn offs for colleagues in the working environment is an over confident show off, so get the balance right between confidence and arrogance.

Be Flexible

Negotiation is about finding a win-win situation, so be open-minded. You might not get the pay rise that you are after straight away, but you might be able to negotiate on other benefits, such as an increase in bonus and/or an improved pension deal. If the meeting does not go as planned resulting in your boss’ unwillingness to negotiate, it is still very important to leave the meeting on a positive note. So remain committed, and try to set a time for another pay review.

 

Marriage fraud: Canadian immigration officials tread thin line

Marriage fraud: Canadian immigration officials tread thin line

A Markham woman was accused of marriage fraud after failing to produce her husband’s socks and underwear.

Sarem Raza Soomro is shown at home in Georgetown. Soomro’s spousal sponsorship application to bring his Pakistani wife to Canada was rejected last year because of their education and age gaps.

The immigration officer pondered the woman’s older age, better education and large family — and denied 21-year-old Sarem Soomro’s application to sponsor his wife to Canada.

To the shock of Soomro and his parents, his arranged marriage to 25-year-old Ghulam Fatima Soomro in Pakistan was deemed a fake.

We have worked very hard to give Sarem a normal life,” said his upset mother, Armaghan Soomro, a support worker for the Red Cross and a CPR instructor for St. John Ambulance.

We just want him to have a family and a complete life.”

As the Canadian government cracks down on marriage fraud, concern is being raised on both sides that officials are being too harsh, and in other cases too lenient, in deciding what is a genuine relationship.

The law is there, but there is no will to enforce it,” said Sam Benet, founder of Canadians Against Immigration Fraud.

Benet’s group successfully lobbied Ottawa to strengthen the law on spousal sponsorships, but he says border service officials have done little to pursue the 85 formal complaints filed by his members.

Immigration officials say investigating marriages of convenience is now a priority, but Benet argues not enough is being done to catch the bad apples looking for a back door into Canada.

The government receives thousands of spousal applications every year, each of which is reviewed by an assigned immigration officer who pores over documents and interviews the sponsored spouse. An assessment might also include an interview with the sponsoring party.

Soomro, a Canadian citizen who lives in Georgetown with his parents and sister, submitted wedding photos, receipts, their wedding certificate, a DVD, and the couple’s communication on Facebook. His wife was interviewed in Pakistan. He was not.

Soomro’s family, who moved here from Pakistan in 2001, said it is not unusual for Pakistani men to have older, educated wives. He is a high-school graduate and she has a university degree in economics.

However, the officer also wrote: “(The wife) is the second of six children; the elder sibling is married, but the younger ones would be dependent children of her parents. This provides a potential benefit for the family, were a child to become a permanent resident of Canada.”

Soomro, who is deaf and works full-time as a baker at Tim Horton’s, is appealing the decision. His family does not believe his deafness factored into the rejection.

In some cases, where a spouse is already in Canada, the investigation may also include a surprise visit to the couple’s home.

That occurred in a case where border officers noticed the address on Xiu Yi Xuan’s driver’s licence was different than the address of her Canadian husband.

In a scene reminiscent of the 1990 romantic comedy Green Card, about a marriage of convenience, the Canada Border Services Agency made an unannounced visit to the couple’s Markham home to investigate.

Xuan, a failed refugee claimant from China, was home at the time and unable to produce her husband’s toothbrush (she claimed they shared one). She couldn’t say whether her husband used an electric razor or a disposable one, nor could she show the officer any evidence of his socks or underwear.

Despite other indications it was a genuine marriage — joint bank accounts, joint insurance, joint donations and ownership of a Stouffville property — Xuan was arrested. The couple’s spousal sponsorship was rejected and, most recently, their appeal to Federal Court denied.

The choice to assign greater weight to the less prepared, extemporaneous evidence lies within the discretion of the officer,” Justice Michael Phelan said in his January ruling. “It is a reasonable choice, given the nature of the inquiry, which is to determine how a person lives — not merely how they say they live.”

Xuan and her Canadian husband, who have a baby, declined to be interviewed.

Max Berger, the couple’s lawyer, would not discuss the case, but commented that “whether a marriage or a relationship is genuine is the most difficult decision that an immigration officer has to make in any category of immigration.”

Citizen and Immigration refused to reveal the specific criteria used to decide if a marriage is real or fake, but a federal ‘operational manual’ for processing family class members, obtained by the Star, outlines in detail the questions an officer must consider. Among them:

Do the spouses have good knowledge of each others’ personal circumstances, background and family situation?

Is there a history of multiple marriages and divorces?

Have previous relationships clearly ended?

Do the applicants speak a common language?

Where was the wedding and who attended?

Immigration Minister Jason Kenney has brought the issue of marriage fraud to the fore after media reports of foreign brides and grooms leaving their Canadian sponsors upon arrival, and revelations of a “rent-a-guest” scheme in India that set up bogus wedding ceremonies for immigration purposes.

The new law, enacted in October, now requires sponsored spouses to remain in a relationship for two years before they can obtain permanent status, and bans the sponsored spouse from sponsoring a new spouse for five years.

In March, Kenney made fighting marriage fraud the theme of this year’s “fraud prevention month” at Citizenship and Immigration Canada, and launched an ad campaign to warn Canadians about being duped by foreign would-be spouses.

There are generally two types of marriage fraud, one where sponsored spouses prey on emotionally vulnerable or gullible Canadians, and another involving collusion by both parties.

Cases that involve a sponsored spouse/partner misrepresenting him or herself to their spouse in Canada . . . are challenging to pursue, as it pits one partner against the other partner (‘he said/she said’) and evidence of fraud can be difficult to prove,” said Vanessa Barrasa, a spokesperson for CBSA.

To deal with that type of fraud, officials focus on detecting suspect relationships at the sponsorship application stage, she said.

Of the 46,300 immigration applications for spouses processed in 2010, 16 per cent of cases were refused.

After a sponsored spouse or partner arrives in Canada, the only way for CIC to become aware of potential marriage fraud is when allegations are brought forward, or when the sponsored spouse or partner makes an application to sponsor a new spouse or partner,” said immigration spokesperson Nancy Caron.

Although difficult to pinpoint the extent of immigration marriage fraud, there is an assumption that only genuine couples would appeal a negative decision.

In 2010, 7,400 or so applications were denied. That same year, just over 3,000 were appealed. About 1,200 won their case.

According to CBSA, since 2008, criminal charges have been laid in over 10 cases, resulting in six convictions in the eight cases that went to court.

In 2012, 134 people were removed from Canada for misrepresentation, some of which include sponsored spouses involved in marriage fraud. That’s double the number deported in 2008.

Source: Immigration Appeals Division, Immigration and Refugee Board of Canada

Said Alexis Pavlich, a spokesperson for Kenney:

These measures combined will have a practical effect on maintaining the integrity of our immigration system, and serve as a deterrent to those trying to cheat the system to get into Canada.”

http://www.thestar.com/news/immigration/2013/04/29/marriage_fraud_canadian_immigration_officials_tread_thin_line.html?goback=%2Egde_2932885_member_238048692

Canadian Life Style

Canadian Life Style

There are thousands of places in which people can live and work all over the world, but there are also countless factors to consider in choosing a perfect place where you and your family can have quality living. It will take a lot of courage to move to a new country. Low crime and violence rate to first-rate education system are only some of the important decision-variables to seriously think about.

Where is the best place to have an excellent life in the world?

Being one of the top places in which to live since 1994, according to the United Nations and Economist Intelligence Unit, Canada has become one of the most desirable destinations for migration and great career opportunities because of the country’s government/political stability, growing economy, and the quality of life it has to offer, including high standards of education, cost of living, and low crime and violence rate.

Standard of Education:

Children up to age 16, or as soon as they earned a high school diploma, depending on the province are required to attend schools and universities-mostly funded by the government-as mandated by law. Thus, Canadians are regarded to be some of the best educated people in the world. More so, literacy rate among adults in the country is 99 percent.

Crime and Violence Rate:

Where great education and governmental provision, particularly social welfare, are established, a low crime and violence rate usually follows. Recent statistics show that police-reported crime rate has dropped six percent in 2011 from the previous year, the country’s lowest crime figure since 1972.

Cost of Living:

The country is known for having one of the strongest and most stable economies in the world. The cost of living in the country in terms of food, clothing, shelter, among other basic necessities for daily survival are affordable and less expensive compared to other popular and desirable countries to settle.

Are immigrants welcome to the country?

The country gladly opened its doors to foreign settlers, particularly to qualified skilled professionals to further improve economic outcomes for both immigrants and the country. According to Citizenship and Immigration Minister Jason Kenney, the country is receptive to raising its Canadian immigration level as long as more new settlers are working and earning at rates close to Canadian-born people (The Globe and Mail, 2012).

What are the in-demand jobs in the country?

There are myriad career opportunities in the country, however, the most in demand and earn the highest salary are:

  1. Petroleum engineers;

  2. Medical related professions;

  3. Mangers in production and restaurants;

  4. Architects;

  5. Drillers and explosives experts in surface mining, excavation, and construction;

  6. Information technology workers.

How can I obtain work or permanent residency in Canada?

The country is offering several Canadian immigration options such as:

  1. Skilled workers program;

  2. Provincial nomination program;

  3. Business permanent residency program;

Family class sponsorship.Considering the quality of life Canada has to offer and thinking of moving or migrating to the country but not certain when and where to start, you can ask the help of top Canadian immigration and staffing professionals like Illuminate Canada. For help in filing your application contact me at nlisboa@brxgroup.ca or call 416-560-1464 (Toronto). Visit our page on facebook and follow us https://www.facebook.com/InvestorServicesAndImmigration.

See you soon.

Have you thought about opening an account at a Canadian bank?

Have you thought about opening an account at a Canadian bank?

When the subject is an exchange trip money must have great attention to detail. Some questions arise such as: How much money should I bring? How to get? What if I need more? And if I do not use it all? In response to these questions, consider the option of opening an account in Canada, see how easy the process and enjoy the convenience of having a card accepted at all establishments of the country.

The variety of banks in Canada, search for the best services and options that best suit your needs, according to your profile, purpose and travel time.

Besides the convenience, another advantage to open an account in Canada is easy so you do not need to walk with high amounts of cash by where. For security reasons, you can leave your money in the bank and withdraw at any branch 24h.

Some banks open account without charging fees from students who are staying for more than six months in the country, while others, much lower rates, enabling the account opening for students who are staying for a short period. The documents required to make this transaction will be your passport with valid visa, and full address. Except for hotels and hostels, all other addresses are valid as homestay , apartment or residence.

If I work, I need to have a bank account to receive my payment?

This is a question of some students who come to Canada to Study and Work program. At the time of hiring, ask what the payment method used by the company, and this in cash or paycheck. Often Canadian companies pay their employees throughpaychecks , and depending on the bank, is charged up to 5% of the check to make cash withdrawals. Stay tuned because the exchange of checks for cash shall be made ​​in the same agency that appears on the check. Banks such as Scotiabank does not charge for change, since the CIBC charges for the service.

If you also want to acquire a credit card, in addition to the usual debit card, you will need to make a security deposit. In some banks the amount of the deposit reaches 125% of the limit set for your account. Ex: If you want a limit of CAD 1,000, you will have to make a security deposit in the amount of CAD 1,250 in your account.

Before returning to Brazil, do not forget to close your account to avoid paying fees unforeseen until there is movement.

At the time of opening the account, ask questions and do not sign any document without first clarify all your doubts.

Learn more banks listed in Canada:

 

RBC Royal Bank of Canada – www.rbcroyalbank.com

BMO: Bank of Montreal – www.bmo.com

TD Canada Trust – www.tdcanadatrust.com

Scotia Bank – www.scotiabank.com

HSBC – www.hsbc.ca

CIBC – www.cibc.com

Já pensou em abrir uma conta em um Banco Canadense?

Já pensou em abrir uma conta em um Banco Canadense?

Quando o assunto numa viagem de intercâmbio é dinheiro, deve-se ter muita atenção aos detalhes. Algumas dúvidas surgem, como: Qual a quantia que eu devo levar? Como levar? E se eu precisar de mais? E se eu não usar tudo? Como resposta para essas perguntas, considere a opção de abrir conta no Canadá, veja como é fácil o processo e aproveite a praticidade de ter um cartão aceito em todos os estabelecimentos do país.

Pela variedade de Bancos no Canadá, pesquise os melhores serviços e as opções que mais atendem às suas necessidades, de acordo com seu perfil, propósito e tempo de viagem.

Além da praticidade, outra vantagem em abrir uma conta no Canadá é a facilidade para você não precisar andar com altas quantias de dinheiro em espécie por onde for. Por motivo de segurança, você poderá deixar seu dinheiro no banco e sacar em qualquer agência 24h.

Alguns bancos abrem conta sem cobrar taxas dos estudantes que ficarão por mais de seis meses no país, já outros, reduzem grande parte das taxas, viabilizando a abertura de conta para os estudantes que ficarão por um período curto. Os documentos necessários para fazer essa operação serão o seu passaporte, com o visto válido, e endereço completo. Com exceção de hotéis e albergues, todos os demais endereços são válidos, como Homestay, apartamento ou residência.

Se eu trabalhar, preciso ter conta em algum banco para receber meu pagamento?

Essa é uma dúvida de alguns estudantes que vêm ao Canadá com o programa Study & Work. No momento da contratação, pergunte qual o meio de pagamento utilizado pela empresa, sendo esse em cash ou paycheck. É comum as empresas canadenses pagarem seus funcionários por meio de paychecks, e dependendo do banco, é cobrada uma taxa de até 5% do valor do cheque para fazer o saque em dinheiro. Fique atento, pois a troca do cheque por dinheiro deverá ser feita na mesma agência que consta no cheque. Bancos como o Scotiabank não cobram pela troca, já o CIBC cobra pelo serviço.

Caso você queira também adquirir um cartão de crédito, além do usual cartão de débito, será necessário fazer um depósito de segurança. Em alguns bancos a quantia desse depósito chega a 125% do valor do limite estipulado para sua conta. Ex: Se você quiser um limite de CAD 1.000, você terá que fazer um depósito de segurança no valor de CAD 1.250 na sua conta.

Antes de voltar ao Brasil, não esqueça de encerrar sua conta para não ter que pagar taxas imprevistas enquanto não houver movimentação.

Na hora de abrir a conta, faça perguntas e não assine nenhum documento sem antes esclarecer todas as suas dúvidas.

Conheça os bancos mais indicados no Canadá:

 

RBC: Royal Bank of Canada – www.rbcroyalbank.com

BMO: Bank of Montreal – www.bmo.com

TD Canada Trust – www.tdcanadatrust.com

Scotia Bank – www.scotiabank.com

HSBC – www.hsbc.ca

CIBC – www.cibc.com

Working in Canada Just Got Tougher: Changes to the Temporary Foreign Worker Program Coming

Working in Canada Just Got Tougher: Changes to the Temporary Foreign Worker Program Coming

As I’ve mentioned in the past, if you want to immigrate to Canada and you qualify, you should begin the process immediately, as rules seem to change often these days, and it seems increasingly more difficult to qualify.

Following the public outcry after the Royal Bank hired foreign workers from India to replace Canadians. Some of those workers were in Canada to train for jobs that would be outsourced to India. Canadians lost their jobs at the Royal Bank and the public backlash was fierce.

The government has moved quickly and today announced a series of reforms that will be introduced through legislation, regulation and through practise and administrative process directives.

So how exactly will it be more difficult to work Canada? The government is taking aim at both employers and temporary workers. The new provisions include:

Requiring employers to pay foreign workers at the prevailing wage

This replaces the wage flexibility employers used to enjoy in hiring foreign workers. The loss of this flexibility may make it more difficult for employers to justify hiring someone from abroad.

Suspending the Accelerated Labour Market Opinion Process

This program allowed employers who had previously issued a positive Labour Market Opinion (“LMO”) and who complied with all requirements to obtain a new LMO is just over a week. This program is no longer available so employers will have to go through the entire LMO process which can be lengthy. It also means they can’t hire foreign workers as quickly as before.

Government authority to suspend and revoke work permits

The government now has discretion to intervene where the foreign worker program is being “misused”. We don’t have a definition of “misused” yet, but I suspect this provision was aimed at the RBC scenario described above.

Adding questions to the LMO application to ensure outsourcing is not on the table

Employers will have to confirm that they are not using foreign workers to outsource jobs to a foreign country by training them in Canada. Again, this is aimed squarely at the RBC case above.

Ensuring there is a transition plan to hire Canadian workers

Employers will have to provide a plan on how they will transition from using foreign workers to Canadian workers over time. This is an administrative burden that some employers may not be able to address fully. For example, if there is a chronic shortage of Canadians with certain specialized skills, it is going to be tough to make a plan to transition to Canadian workers.

Fees for LMO’s and increasing fees for workers

In past, applying for an LMO was free. Not any longer. It’s going to cost employers to apply for an LMO with no guarantee it will be accepted. This could be a big disincentive. Work permit fees will also increase.

English and French as the only languages used as a job requirement

In my view, this will be one of the biggest challenges to overcome. In past, employers could state that a worker required a foreign language (such as Spanish or Mandarin or whatever), because that employer did business in those parts of the world, and needed a worker with those language skills. As a result, finding a fluent Canadian with those language skills was difficult, and often a positive LMO was issued and a foreign worker hired.

No longer. With only English and French as language requirements for a job, a great number of employers simply won’t be able to hire foreign workers for their language skills (among other technical skills of course). In a global economy, I simply can not understand this requirement – this will hurt our employers who do significant business overseas in different languages and who can’t find Canadians with the right technical and language skills to do the job.

So there you have it – the new changes in a nutshell.

I’ll post further details as we get them.

For help in filing your application contact me at nlisboa@brxgroup.ca or call 416-560-1464 (Toronto) in São Paulo (11) 4040-4423 (Brasil). Visit our page on facebook and follow us https://www.facebook.com/InvestorServicesAndImmigration.

See you soon.

Canada’s cool and ‘cruel’ April not unusual

‘Spring is the time when winter dukes it out with summer’

Ontarians and people living in other parts of Canada may be grumbling about the weather this April, but Environment Canada’s David Phillips says the “cruel” conditions they’ve been seeing are not unusual.

“There’s no question about it. Everywhere across the country, we’ve been disappointed Canadians. We endure our winters, they are the longest season. But we feel that we’re owed good weather in the spring,” Phillips told CBC Radio’s Fresh Air on Sunday.

“And April has been a cruel month, like it is advertised to be, across the country.”

Spring was several degrees cooler than normal across Ontario this year. The photo above was taken in Toronto on April 11, 2013. (Frank Gunn/Canadian Press)

In Ontario, Phillips said the weather has been between 1.5 and 4 degrees colder than normal, an unwanted delivery from Mother Nature after a long winter.

“Clearly April has stood out to be a very, very cool month,” said Phillips.

Spring 2012 not the norm

Phillips said the public’s desire for warmer weather seems to have been compounded by what people remember about the way spring arrived in 2012.

“Last year at this time, we had pool covers off, muscle shirts and tank tops were everywhere, gardeners were playing in the muck, farmers were onto their fields and spring had sprung in March,” said Phillips.

“We had temperatures already 30 C in the province,” he added, referring to Ontario.

Unfortunately, that was an abnormal spring and this year’s version is a lot more typical of what can be expected at this time of year.

“Spring is the time when winter dukes it out with summer. It is a transition period and this one clearly has been much more winter-like,” Phillips said.

But Phillips also said that Environment Canada believes that this year’s summer may be warmer than normal, following a trend that has lasted several years.

Canadá declara-se livre da experimentação animal em faculdades

Canadá declara-se livre da experimentação animal em faculdades

A Memorial University de Newfoundland, no Canadá, optou por abolir o uso de animais vivos nos laboratórios da Faculdade de Medicina. Cada escola de medicina no Canadá agora usa métodos que não envolvem a experimentação animal.

Segundo informações do site El Activista, o anúncio do fim da experimentação em porcos, que era realizada nos laboratórios da Universidade, foi feito via e-mail ao Comitê de Médicos por uma Medicina Responsável (PCRM).

Porcos eram vítimas de experimentos na faculdade (Foto: El Activista)

O uso de animais em laboratórios tornou-se polêmico após a universidade saber que o Comitê de Médicos por uma Medicina Responsável registraria uma reclamação jurídica ao Conselho Canadense de Animais, argumentando que o uso de porcos vivos pela Universidade violava as diretrizes federais.

Atualmente, no Canadá, todas as faculdades optaram pelo ensino sem crueldade, ou seja, utilizando métodos que não envolvem a tortura nem a utilização de outras espécies, substituindo a experimentação animal por simuladores humanos.

O Canadá eliminou completamente o uso de animais vivos em laboratórios nas faculdades; este deve ser um sinal claro para as poucas faculdades de medicina dos EUA que ainda utilizam estes procedimentos desumanos e nada educativos”, disse o cardiologista do Comitê de Médicos por uma Medicina Responsável, John Pippin. “Está na hora de estas sete faculdades nos EUA decidirem eliminar completamente a utilização de animais e abraçar o verdadeiro futuro da educação médica”, acrescentou.

Até breve,

Nelson .’.

Como abrir empresa estrangeira no Brasil

Como abrir empresa estrangeira no Brasil

Abrir empresas com sócios estrangeiros é uma das coisas que mais faço. Já escrevi sobre o assunto várias vezes, mas acho que faltava um post mais simplificado. A pergunta de um leitor me deu a oportunidade de corrigir isso. Segue:

 

Moro na Argentina e trabalho em uma empresa na Argentina que hoje tem como objetivo expandir para o Brasil, inclusive minha função é vendas para o Brasil. Os sócios estão buscando a melhor maneira de poder faturar no Brasil assim que “sair” o primeiro cliente. O tramite é simples realmente? Até agora fomos informados que o necessário a princípio seria os dois sócios extrangeiros tirarem seus CPF’s, depois a nomeação de um representante brasileiro e o resto ficaria por conta da empresa de contabilidade, não é necessário traduzir com um tradutor juramentado o instituto da empresa nem nada do tipo? É necessario apresentar ou pedir algum tipo de autorização ao governo brasileiro?

 

RESPOSTA:

Caro Daniel, A empresa Argentina pode exportar para o Brasil a fim de atender os primeiros clientes. Não é necessário abrir uma empresa aqui. Contudo, se vocês realmente desejam abrir uma empresa no Brasil, então o procedimento que você descreve está bem próximo da realidade. Eu acrescentaria que:

  1. É possível abrir a empresa no Brasil com dois sócios estrangeiros, ou com um sócio estrangeiro e um sócio brasileiro, e mesmo somente com um sócio, seja ele estrangeiro ou brasileiro. Mas eu recomendo que se utilizem dois sócios, pois a sociedade de apenas um sócio tem exigência de capital mínimo. A sociedade com dois sócios não tem exigência de capital mínimo;

  2. O CPF pode ser conseguido na Argentina mesmo (veja meu post sobre CPF para estrangeiros). No caso de sócios pessoas jurídicas estrangeiras, é necessário obter um CNPJ. Mas isso é um pouco mais difícil, e recomendo que você busque ajuda especializada;

  3. O representante no Brasil deve ter poderes para receber citação, e a procuração deve ser notarizada no exterior e depois legalizada no consulado Brasileiro com jurisdição sobre aquele país;

  4. Para abrir a empresa, é necessário que um advogado redija o contrato social (não é só uma sugestão. É obrigatório). A empresa de contabilidade cuida da parte burocrática;

  5. Se os sócios estrangeiros forem pessoas jurídicas, será necessário traduzir o contrato social da empresa investidora para o português, com tradução juramentada. Isso é feito no Brasil. Em regra, também é preciso notarizar o contrato social do investidor perante os órgãos estrangeiros e legalizá-lo (consularizá-lo) no consulado brasileiro do país de origem;

OBS: Existem alguns acordos dentro do Mercosul para a simplificação do reconhecimento de documentos, mas de cabeçan não tenho certeza se eles se aplicam a este caso.

  1. Para a abertura de nova empresa, não é necessário autorização do governo. A autorização seria necessária se vocês quisessem abrir uma filial, mas eu não recomendo que isso seja feito;

  2. Finalmente, depois de aberta a empresa é preciso abrir uma conta bancária para receber o investimento e, no máximo dentro de 30 dias da recepção, registrar os valores perante o Banco Central. O registro é obrigatório, sob pena de multa;

  3. Não incidem impostos para enviar o investimento estrangeiro do exterior para o Brasil, exceto pelo IOF (que, em geral, é baixo. 0,38% ou coisa assim. Mas ele está sujeito a alterações sem aviso).

 

Fique à vontade para me escrever (nlisboa@brxgroup.ca) ou ligue para 416-560-1464 (Toronto) e (11) 4040-4423 (Brasil). Representamos clientes em todo o Canadá e internacionalmente, Visite e clique em curtir na nossa página no Facebook https://www.facebook.com/InvestorServicesAndImmigration.

 

Boa sorte!

 

OBS: Os posts são meramente informativos. Não são e não valem como consultoria jurídica. Consulte sempre um advogado.