A $2-million brick-making machine has sat unused in an Ontario factory for nearly two years because the company that owns it says the only technician who can help set it up is being blocked from entering Canada.
Next Brick, a decorative brick manufacturer near Brockville, Ont., says the new machine from China is world-class and could double the factory’s output. But to use it, a specially trained Chinese technician from the company that made the machine needs to visit and calibrate the equipment.
The technician has twice applied for a visa to enter Canada but the federal immigration ministry has rejected him each time. The technician is losing interest in reapplying, while the brick factory is stuck with a machine it still can’t use.
“We’re not asking any unreasonable things,” said Next Brick CEO Coral Shuai, adding she never imagined it would be “so difficult to secure a visa.”
Immigration experts say Canada has tight federal controls on Chinese nationals, thereby negatively impacting small businesses that rely on China for specially trained staff. Shuai said Next Brick is losing roughly $40,000 in overhead costs for every month the new machine isn’t in use.
The brick-making machine, bought from Quangong Machinery in China, sells to countries worldwide and sends trained technicians to set up the equipment upon delivery. Next Brick’s purchase marked the first time the Chinese company sold the technology to a country in North America.
In the purchase contract, the machine supplier makes it clear that the equipment cannot be used until it is calibrated by a trained technician from the company, said Shuai.
A spokesperson for Quangong Machinery told the Star the company sends staff overseas for work 80 times per year on average and centrally handles Canadian visa applications for their technical staff.
In order to secure a visa to enter Canada, applicants have to satisfy the government they are “bona fide,” meaning they must prove their reason for stay is genuine, said Evan Green, Immigration lawyer and partner at Toronto-based Green and Spiegel Immigration Law Firm.
“The burden of proof is placed on the individual,” said Green, “not the Canadian business.”
He added that China is considered a high-fraud country and “ultimately, it’s the inspector that has to be satisfied.”
“It’s very common for workers from China specifically, to see visa processing often slowed down by various levels of security reviews and sometimes, geopolitical considerations,” said York University professor Jelena Zikic, who has researched the impact of migration issues on small- and medium-sized enterprises.
Visa applications are considered case-by-case “based on the information presented by the applicant,” said Immigration, Refugees and Citizenship Canada (IRCC) in an emailed statement to the Star. “Unless the officer is satisfied that the applicant is a genuine visitor, a temporary resident visa cannot be issued.”
After the technician’s first application, in which he was described as a “project manager,” a title used by the labour dispatching agency in China, the IRCC in a letter said it was “not satisfied” that the technician had “a legitimate business purpose in Canada.”
In a second attempt at applying, and hoping to better Next Brick’s chances of securing a visa for the technician, Shuai wrote a letter of support saying, “Next Brick will be fully responsible for his travel, housing, and daily needs,” adding that the technician “has a stable job in China and strong family and professional ties.” She also told IRCC the technician would return to China upon completion of the work, estimated to take four to six weeks.
“I am not satisfied that you will leave Canada at the end of your stay,” the IRCC said in a letter rejecting the technician’s second visa application, less than one week after the application.
“You have not established that you will leave Canada,” the letter continues. “The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided and I am not satisfied that you have a legitimate business purpose in Canada.”
Another challenge for applicants and Canadian businesses is that once an application is denied, any future attempts at applying for visas are subject to more scrutiny, especially if the information provided to the IRCC has changed, said Green.
“Credibility becomes an issue,” he said.
In an emailed statement to the Star, IRCC said foreign nationals can visit Canada on a business visa to provide after-sales service as part of a warranty or sales agreement with an international company.
“However, they must demonstrate that this is the purpose of travel and provide supporting documents to this effect.”
When asked what supports IRCC offers Canadian businesses struggling to secure temporary work visas for foreign skilled workers, the agency said it “does not offer specific additional support to directly mitigate the impact on a Canadian business when a Canadian work visa is denied.”
If a business repeatedly spends money on rejected applications, IRCC said “there are options available for businesses to address the situation, such as requesting a reconsideration of the decision or seeking judicial review.”
“Our situation is really desperate,” said Shuai, adding she remains hopeful they can secure a visa and her company’s investment can in turn create more jobs in Ontario.
