Tag: Business Immigration

Business Immigration is a very popular term. People search for it really a lot on Google and other search engines. Probably you were exploring “business immigration” options for your Canadian immigration dream.

We think that this is the time to shed some light on what really is behind business immigration to Canada.

The Federal government of Canada is in charge of the Canadian immigration policies, regulations and programs. The Federal government makes the final decision about admission of foreign nationals into Canada under various immigration statuses as prescribed by applicable regulations.

As you probably know, the Canadian provinces have their own avenues of immigrating to Canada – Provincial Nominee Programs (and a few other names). The provinces are allowed to select candidates that meet their economic demands. In times, provinces have more flexibility and may be more attractive to potential immigrants.

Federal and Provincial Immigration programs have business immigration paths.

Federal Immigration Options

The Immigration, Refugees Protections Act and Regulations define “business immigration” as two possible immigration programs:

1. Self-employed Persons
2. Start-up Visa

In short, Self-employed Persons is a direct path towards permanent residence in Canada for self-employed athletes and individuals that specialize in artistic and cultural fields and
meet the program’s requirements.

Jonathan’s Self-Employed Story

Jonathan is an Israeli photographer. He is a relatively well-known photographer. He participated at international events, his works were published in internationally recognized and well-known magazines such as National Geographic and Popular Science. He was never a celebrity or a world-class artist but to our discretion, he met the requirements of the program. Jonathan had to score at least 35 points out of 100 maximum available points as per the following points grid:

[su_table]

Selection Criteria	Maximum Points
Education	25
Experience	35
Age	10
Ability in English and/or French	24
Adaptability	6
TOTAL	100

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Jonathan’s story

Jonathan was 42 years old, had a bachelor’s degree in Electromechanics from an Israeli university and had been a photography studio business owner for four years before submitting his application for permanent residence represented by our company’s licensed immigration consultants (RCIC). Jonathan took his IELTS exam and scored 6.5 in each band. He had no relatives in Canada and did not know any French language. As such, Jonathan scored 15 points for education; 30 points for relevant experience; 10 for age. At this stage, he already had scored the sufficient number of points thus his English test results were not that important. Jonathan was single, never worked or studied in Canada and had no relatives here as already mentioned above.
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We assisted Jonathan with all the relevant paperwork to prove his education credentials, self-employed work experience, confirmation that he met all the requirements of the definition of a self-employed artist as per the immigration regulations and sent in his application to Immigration, Refugees, Citizenship Canada.

Back then, the average processing time for the application was 36 months as per the Immigration, Refugees, Citizenship Canada website. Jonathan was very upset about it. He sought another consultation with one of our RCIC’s to look for a solution to relocate to Canada faster to be able to work as a photographer here.
Jonathan had an online consultation with one of our RCICs and after a thorough discussion, we recommended an owner-operator LMIA based work permit for him. For more information on LMIA and LMIA owner-operator, you can refer to this article.

We assisted Jonathan with company registration, business plan, studio location wire transfer and CRA and bank accounts set up. Once all was in place, we filed his company’s application for an LMIA. This application was approved after a series of interviews and emails with Service Canada and Jonathan arrived at the Toronto Lester B Pearson Airport and obtained his work permit for a position of a director of a photo studio.

It is important to note that the fact Jonathan had applied for permanent residence as a self-employed person had nothing to do with his work permit application. It is a part of the dual intent clause in the immigration regulations which allows a foreign national to intent to become a permanent resident but still be admitted into Canada for a temporary residence (e.g. studies, work, business, visit)

Moreover, Jonathan story brings us to a very interesting option to become more competitive for Canadian immigration being a candidate more integrated into the Canadian labour market. We’ll discuss these options in more details below after we’re done with other business immigration options.[/su_expand][/su_note]

Start-up Visa

This program is designed for entrepreneurs who meet the requirements of the program. They need to come up with a business idea, establish a business in Canada, hold not less than 50% of its shares (could be combined with the designated supporting organization) and have a letter of support from a designated organization (an approved for investment or support for such start-up businesses a business incubator, angel investor group or venture capital fund. The Start-up Visa program allows foreign nationals to team up with other entrepreneurial foreign nationals (up to four), form partnerships and immigrate together as a group with their families, become Canadian permanent residents and actively manage their start-up businesses together in Canada. The required language ability is relatively low – one needs to score CLB 5 in each band and education requirements are not mentioned. It makes sense as a lot of talented and successful business people were, in fact, college dropouts.

In our opinion, it is a great program which allows great minds to fulfill their ambitions in Canada. It also allows Canadian funds and incubators to have more business to support and invest in. Of course, they do it for potential profits and not only out of altruism. All these factors, when working smoothly, meet the economic objectives of Canadian immigration policies – they will potentially create jobs for Canadians, make Canadian start-up companies larger and better, make profits, pay taxes and make certain inventions and unique ideas materialize into successful Canadian business. In return, Canada allows foreign nationals to become permanent residents and eventually Canadian citizens if they meet the program’s requirements.

In our opinion this program is great, but to really be attractive for a designated organization, you, as business owners need to be able to show real value in your business ideas. Not always of course. Sometimes you can really come up with a great idea and be very lucky to be supported by a designated organization but in reality, we believe that to have the best shot, you need to have your business already established in Canada.

Did you know that you are not required to have a work permit and in fact, even be in Canada to have your business incorporated?

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Here’s the story of Ronen.

Ronen is also an Israeli entrepreneur. Israel is well-known for its start-up companies and regularly referred to as a “start-up nation”. There is even a book called Start-Up Nation, written by Dan Senor and Saul Singer. So, Ronen was an IT engineer and a team lead at one of the Israeli hi-tech companies. In the same time, he was working on his own project – he wanted to create a mobile app that would allow users to instantly make international wire transfers to bank accounts overseas using their credit cards or bank accounts with low commissions and without a need to actually go to their bank’s branches. This might sound trivial but back then it was not that easy. Some banks still require their clients to physically come to their branches to make such wire transfers.

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One day Ronen decided that he wanted to move to Canada. He read about the Start-up visa program and was confident that his idea would be so attractive to Canadian designated organizations (a list of which is here) but unfortunately, it was not so. Ronen had a couple of interviews, but his applications were ignored.

Ronen was disappointed but not hopeless. He was confident that managing his business in Canada would be the right step. He also wanted to become a permanent resident of Canada. He just didn’t know how to make it happen. Luckily, he was referred to us by one of his former colleagues. Ronen had a consultation with one of our RCICs and we offered him a different approach. We assisted Ronen to incorporate his Canadian company, set up all the relevant accounts, assisted him with wire transfers to have some initial working capital in his business, his business plan and financial calculations for his business. We gave Ronen some general business guidance and prepared his application for a work permit in Canada under the International Mobility Program, Canadian Interests, Entrepreneurs category.

International Mobility Program is designed for LMIA exempt work permits for qualifying foreign nationals who wish to work temporarily in Canada.
Canadian interest is a category that allows certain candidates, in certain circumstances, to obtain Canadian work permits. Entrepreneur is a category for people who manage or intend to manage a business in Canada which might be beneficial to Canada.

We filed Ronen’s applications on behalf of his Canadian company and on behalf of himself and in a very short time, Ronen was already working – managing his own company in Toronto, Ontario.

After one year of successful business operations, Ronen returned to us for further guidance on how to become a permanent resident in Canada. We then presented the Start-up visa program. At this stage, Ronen was a very attractive candidate for Start-up visa program. A few venture funds were very interested in his company and Ronen could have easily become a permanent resident using this program. Ronen, however, acted as a true businessman. He was reluctant about the option to allow other business bodies to invest in his company as he knew that he would have needed to give something in return. He came back to us seeking advice for alternatives. Our recommendation was a clear – LMIA owner-operator for the executive position of Ronen (since he has been working as a CEO of the company and was paid a salary) and the company was in business for more than one year and had filed its taxes, it could support his PR application. Ronen was extremely happy.

We applied for LMIA in support of PR (Labour Market Impact Assessment Permanent Resident stream). After two months, Ronen underwent his interview with a Service Canada officer and after a short exchange of emails with requests to provide a few additional documents to confirm an active business engagement, the application resulted in a positive decision. This was a very happy day for Ronen as he was awarded 200 points for his CRS. Ronen became a permanent resident in 4 months thereafter.

The ultimate goal is to become an eligible candidate for the Canadian business immigration programs. Sometimes, like in Ronen’s case, one doesn’t need to actually apply for permanent residence via a business immigration program but still remain a businessman/woman.
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Provincial business immigration programs

Canadian provinces have their own provincial business immigration programs. Most of them are in fact Entrepreneurial programs designed for businessmen and businesswomen who actually establish an active business in the provinces. Usually, these programs allow for a conditional temporary work permit for the entrepreneur candidate and his/her family members. Such work permits are issued to ensure the candidate’s commitment to active managerial involvement in the established business.

[su_accordion] [su_spoiler title=”Federal Start-Up Visa Program” open=”no” style=”default” icon=”plus” anchor=”” class=””]

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Program	Start-Up Visa Program
Minimum Investment	CAD $200,000 if the investment comes from a designated Canadian venture capital fund or designated incubators OR CAD $75,000 if it comes from a designated Canadian angel investor group
Experience	No specific requirement
Managerial Role	Required
Interview	Upon request by IRCC
PR/Work permit	PR immediately
Additional Requirements	Have the support of a designated organization that will provide the applicant with a Letter of Support. Start-up visa applicants must give proof that they sufficient funds to support themselves and their dependants after they arrive in Canada. The amount required depends on the size of the family.

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[su_spoiler title=”Federal Self-Employed Persons Program” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Self-Employed Person Program
Experience	At least 2 years of relevant cultural or athletic experience in the past 5 years
Managerial Role	Required
Interview	Upon request by IRCC
PR/Work permit	PR immediately
Additional Requirements	English/French ability and work experience in a designated occupation All self-employed persons must establish that they have sufficient funds to support themselves and their family members for at least one year after they arrive in Canada. Self-employed immigrants must obtain a minimum of 35 points out of 100 based on the five selection criteria and the program’s unique point system.

[/su_table]

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[su_spoiler title=”Alberta Self-Employed Farmer Stream” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Alberta Self-Employed Farmer Stream
Minimum Net Worth	CAD $500,000
Minimum Investment	CAD $500,000 in a primary production farming business
Experience	Farm management experience in an existing farm business
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Recommended
Interview	Required
PR/Work permit	PR after obtaining provincial nomination certificate
Additional Requirements	Canadian financial institution must finance the proposed Alberta farming business

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[su_spoiler title=”British Columbia Provincial Nominee Program (BC PNP) — Entrepreneur Immigration Stream” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	BC PNP Entrepreneur Immigration
Minimum Net Worth	CAD $600,000
Minimum Investment	CAD $200,000 OR CAD $400,000 if proposing a Key Staff Member
Experience	3 + years of business ownership or management experience OR 4 + years of senior management experience OR 1+ year of business ownership & management experience and 2+ years of senior management experience within the last 10 years.
EOI System	Yes (province publishes info on previous draws)
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Recommended
Interview	Upon request of BC PNP
PR/Work permit	2-year work period before Letter of Acceptance to apply for Permanent Residence (PR); PR contingent on implementation of the business proposal
Additional Requirements	Create at least one permanent, full-time job for a Canadian citizen or permanent resident with the proposed business

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[su_spoiler title=”British Columbia Provincial Nominee Program (BC PNP) — Entrepreneur Immigration — Regional Pilo” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	BC PNP Entrepreneur Immigration — Regional Pilot (launched on March 14, 2019)
Minimum Net Worth	CAD $300,000
Minimum Investment	CAD $100,000
Experience	3 + years of business ownership or management experience OR 4 + years of senior management experience OR 1+ year of business ownership & management experience and 2+ years of senior management experience within the last 10 years.
EOI System	Yes (province publishes info on previous draws)
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Strongly Recommended
Interview	Upon request of BC PNP
Refundable Deposit	Refundable Deposit
PR/Work permit	Minimum 12-month work permit period before nomination; PR contingent on implementation of business proposal
Additional Requirements	Community referral required to register; Must create at least one permanent, full-time job for a Canadian citizen or permanent resident

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[su_spoiler title=”Manitoba Provincial Nominee Program — Business Investor Stream (Entrepreneur Pathway)” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Manitoba Business Investor Stream — Entrepreneur Pathway
Minimum Net Worth	CAD $500,000
Minimum Investment	CAD $250,000 for businesses in the Manitoba Capital Region. OR CAD $150,000 if a business is outside of the Manitoba Capital Region AND must be made in an eligible business AND must create or maintain at least one job for a Canadian citizen or a Permanent Resident in Manitoba (excluding owners of the business and/or their close relatives).
Experience	Business ownership and management experience or executive-level experience in 3 of the past 5 years. AND Business owners are given higher points in comparison to senior managers. AND Business owners must have at least 33 1/3% ownership to qualify for points.
EOI System	Yes
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Business research visit must be conducted no more than one year prior to the submission of an EOI.
Interview	Required
PR/Work permit	Temporary work permit; PR contingent on meeting program requirements
Additional Requirements	Score 60+ points on assessment grid

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[su_spoiler title=”Manitoba Provincial Nominee Program — Business Investor Stream (Farm Investor Pathway)” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Manitoba Business Investor Stream — Farm Investor Pathway
Minimum Net Worth	CAD $500,000
Minimum Investment	CAD $300,000 tangible assets to establish a farming business in rural Manitoba AND investments in a farm business operated primarily for the purposes of deriving passive investment income or speculative purposes are not eligible.
Experience	Minimum of three years of farm business management or farm ownership and operation experience supported by verifiable documents.
EOI System	Yes
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Farm Business Research Visit required.
Interview	Required
Refundable Deposit	CAD $75,000
PR/Work permit	Temporary work permit; PR contingent on meeting program requirements
Additional Requirements	CAD $100,000 refundable deposit is no longer required.

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[su_spoiler title=”New Brunswick Provincial Nominee Program (NBPNP) — Entrepreneurial Stream” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	New Brunswick Provincial Nominee Program (NBPNP) — Entrepreneurial Stream
Minimum Net Worth	CAD $600,000
Minimum Investment	CAD $250,000
Experience	3 out of 5 years or more in owning a business OR 5 out of 5 years or more in a senior business management role
EOI System	Yes
Managerial Role	Required
Business Plan	Required, must be of economic benefit to the province
Exploratory Visit	Required
Interview	Required
Refundable Deposit	CAD $100,000
PR/Work permit	PR after obtaining provincial nomination certificate
Additional Requirements	22-55 years old CLB 5 in English or French in reading, writing, listening and speaking

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[su_spoiler title=”New Brunswick Provincial Nominee Program (NBPNP) — Post-Graduate Entrepreneurial Stream” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	New Brunswick Provincial Nominee Program (NBPNP) — Post-Graduate Entrepreneurial Stream
Minimum Investment	The applicant must have 100% ownership of the equity of the eligible business
Experience	6 or more years in the last 10 years in NOC O, A or B OR 1-5 years in the last 10 years in the NOC O, A or B
EOI System	Yes
Managerial Role	Required
Business Plan	May be requested (business must be of economic benefit to the province)
Interview	Required
PR/Work permit	PR after obtaining provincial nomination certificate
Additional Requirements	22-40 years old CLB 7 in English or French in reading, writing, listening and speaking Have a valid Post-Graduation Work Permit

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[su_spoiler title=”Nova Scotia Nominee Program (NSNP) — Entrepreneur Stream” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Nova Scotia Nominee Program (NSNP) — Entrepreneur Stream
Minimum Net Worth	CAD $600,000
Minimum Investment	CAD $150,000
Experience	At least 3 years of business ownership experience including 33.3% ownership in the last 10 years OR +5 years as senior manager in the last 10 years
EOI System	Yes (province publishes info on previous draws)
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Required for business succession only
Interview	Required
PR/Work permit	Must operate business for at least 1 year on work permit following nomination; PR contingent on meeting program requirements
Additional Requirements	Submit an Expression of Interest (EOI) The business must meet additional criteria English/French minimum CLB 5

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[su_spoiler title=”Nova Scotia Nominee Program (NSNP) — International Graduate Entrepreneur Stream” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Nova Scotia Nominee Program (NSNP) — International Graduate Entrepreneur Stream
Minimum Investment	100% ownership of the equity of the eligible business
Experience	At least 1 continuous year of business ownership experience in Nova Scotia prior to EOI submission Completed a degree of at least 2 years’ duration at a university/college in Nova Scotia
EOI System	Yes (province may publish info on draws after future draws are made; EOI must be submitted while on valid work permit)
Managerial Role	Required
Exploratory Visit	Required
Interview	Required
PR/Work permit	PR after obtaining provincial nomination certificate
Additional Requirements	The business must meet additional criteria English/French minimum CLB 7

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[su_spoiler title=”Northwest Territories Nominee Program — Entrepreneur Business Stream” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Northwest Territories Nominee Program (NTNP) — Entrepreneur Business Stream
Minimum Net Worth	For businesses in Yellowknife: CAD $500,000 OR for businesses outside Yellowknife: CAD $250,000
Minimum Investment	In Yellowknife: CAD $300,000 & at least 33.3% ownership OR outside Yellowknife: CAD $150,000 & at least 33.3% ownership OR CAD $1,000,000 investment
Experience	Relevant business experience required
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Required
Interview	Required
Refundable Deposit	CAD $75,000
PR/Work permit	2-year work permit; PR contingent on meeting program requirements
Additional Requirements	CLB 4 in English or French Business must generate significant benefits for the Northwest Territories, including jobs for local residents.

[/su_table]

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[su_spoiler title=”Ontario Immigrant Nominee Program (OINP) — Corporate Stream” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Ontario Immigrant Nominee Program (OINP) — Corporate Stream (terminated)
Minimum Investment	CAD $5,000,000 OR CAD $10,000,000 if the proposed business is a land development or a leasehold company
Experience	The international corporation must have been established for at least 36 months at the time of application
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Encouraged
Interview	Required
PR/Work permit	Applicant & key staff first obtain work permits; PR contingent on meeting program requirements
Additional Requirements	Create 5 new jobs for a Canadian citizen or permanent resident per key staff member seeking nomination

[/su_table]

[/su_spoiler]

[su_spoiler title=”Ontario Immigrant Nominee Program (OINP) — Entrepreneur Stream” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Ontario Immigrant Nominee Program (OINP) — Entrepreneur Stream
Minimum Net Worth	For businesses in the Greater Toronto Area (GTA): CAD $800,000 OR for businesses outside the GTA: CAD $400,000 OR for businesses in the ICT/Digital Communications sector (regardless of location): CAD $400,000
Minimum Investment	In the GTA: CAD $600,000 and ownership of 33.3% of the business OR Outside the GTA: $200,000 and ownership of 33.3% of the business OR In the ICT/Digital Communications sector: $200,000 and ownership of 33.3% of the business
Experience	At least 24 months of full-time business experience in the last five years as business owner or senior manager
EOI System	Yes (province publishes info on previous draws)
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Required for business succession only
Interview	Required upon request of OINP
PR/Work permit	Temporary work permit; PR contingent on meeting program requirements
Additional Requirements	Sign a Performance Agreement with Ontario English/French minimum CLB 4 Create at least 2 permanent, full-time jobs for a Canadian citizen or a permanent resident

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[su_spoiler title=”Saskatchewan Immigrant Nominee Program (SINP) – Entrepreneur Category” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Saskatchewan Immigrant Nominee Program (SINP) – Entrepreneur Category
Minimum Net Worth	CAD $500,000
Minimum Investment	CAD $300,000 in Regina or Saskatoon and at least 33.3% ownership OR $200,000 in any other Saskatchewan community and at least 33.3% ownership OR CAD $1,000,000 investment or more
Experience	At least 3 years’ experience as an entrepreneur or managing a business in the past 10 years
EOI System	Yes
Managerial Role	Required
Business Plan	Required
Exploratory Visit	Required for business succession, joint ventures, and regional business opportunities
Interview	Upon request by SINP
PR/Work permit	2-year work permit; PR contingent upon meeting program requirements
Additional Requirements	Sign a Performance Agreement Create 2+ employment opportunities if establishing a business in Regina or Saskatoon

[/su_table]

[/su_spoiler]

[su_spoiler title=”Saskatchewan Immigrant Nominee Program (SINP) – Farm Owner/Operator Category” open=”no” style=”default” icon=”plus” anchor=”” class=””]

[su_table]

Program	Saskatchewan Immigrant Nominee Program (SINP) – Farm Owner/Operator Category
Minimum Net Worth	CAD $500,000
Experience	Farming operation ownership experience using agricultural practices similar to those used in Saskatchewan-based farming
Managerial Role	Required
Business Plan	Farm Establishment Plan (FEP) required
Exploratory Visit	Required
Interview	Upon request
Refundable Deposit	CAD $75,000
PR/Work permit	PR after obtaining nomination certificate
Additional Requirements	Submit a Farm Establishment Plan Sign a Performance Agreement

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[/su_spoiler]

 

Pavel Lifanov

Immigration Consultant RCIC# R515679
Green Light Canada
204,223 – 1750 STEELES AVE. WEST
CONCORD, ON, L4K 2L7
Office: 416.655.7797