Skip to content
LAVAL · L-1A FIELD GUIDE

Does the same brand establish a qualifying L relationship?

Sources checked:

THE DIRECT ANSWER

No. Assess the actual legal entities and ownership or control relationship. A brand or commercial agreement alone does not establish all required corporate facts.

Identify what connects the companies

Distinguish licensing or franchise rights from the qualifying relationship relied on. Provide genuine supporting documents. The applicant’s role and employment history must also be assessed, even if the corporate relationship is established.

A first review of this situation produces something short and useful: a diagram of the actual companies, a note of which document is said to create the connection between them, and a list of the documents nobody has yet seen. Hypothetical example: a point-of-care testing device distributor operates in two countries under one licensed name, with a common founder holding a minority interest in each company. A minority interest in both is not automatically a qualifying relationship, and it is not automatically fatal either; the shareholders agreement decides whether control exists, and that document has to be read rather than summarised.

Alongside the corporate question, two conditions remain personal to the applicant and are assessed separately: one continuous year of qualifying employment abroad within the preceding three years, and a role that is genuinely managerial or executive rather than the operation’s hands-on work under a senior title. Where the founder cannot recall the terms without checking, that itself indicates which document the file is missing rather than which conclusion to reach.