Individual Immigration Services - Permanent Residence Status
Business Immigrants
The Canadian business immigration and business relocation programs are designed to promote economic development and employment by attracting people with venture capital, business acumen and entrepreneurial skills. The government anticipates that these business immigration and business relocation programs will develop new commercial opportunities and will improve access to growing foreign markets by 'importing' people who are familiar with those markets and their special requirements and customs.
Prospective business immigrants to Canada can chose amongst a number of different business related categories all of which are distinct and have advantages and disadvantages, depending on an applicant's personal circumstances and business relocation needs.
The three main business categories are:
In all three business immigration categories, applicants must demonstrate financial acumen and financial resources which will be of benefit Canada. Providing the necessary proof, concerning the immigrant’s business and/or business relocation to Canada, and documenting the application is key to success.
Canada is also actively encouraging the provinces to devise their own business immigration and business relocation programs which will work in liaison with the federal immigration system, thus creating a substantial number of subcategories under the business immigration system and offering many more options than ever before to prospective business immigrants with respect to their immigration and their possible business relocation.
Investors
The basic investor business immigration program selection criteria requires that the applicant meet the following:
- business experience (based on an objective standard)
- a net worth of a minimum of $800,000 (legally obtained)
- an investment of $400,000 to the Government of Canada
Net worth can include the applicant's spouses' assets as well. The legal provenance of the funds must be established. The applicant must invest into Canada, prior to obtaining their landed immigrant status. The $400,000 deposit will be return to the applicant after 5 years without interest. Rather than making a $400,000 deposit and receiving no interest, the applicant has the option of obtaining financing (in order to avoid the necessity of liquidating assets).
Business experience is assessed based on the number of jobs, annual sales, net annual income and net assets as well as the percentage of the equity owned by the prospective business immigrant.
Entrepreneurs
The basic business immigration entrepreneur program selection criteria involves the following requirements:
- business experience
- a net worth of $300,000 (legally obtained)
- to meet terms and conditions after landing
Business experience is assessed based on the number of jobs, annual sales, net annual income and net assets as well as the percentage of the equity owned by the prospective immigrant. Net worth can include the applicant's spouses' assets as well. The legal provenance of the funds must be established.
Entrepreneurs who meet the business experience and net worth requirements are subject to terms and conditions after they become permanent residents, which must be meet within a period of three years after landing:
- control a percentage of the equity of a qualifying (subject to specific criteria) Canadian business equal or greater than 33 1/3 percent
- provide active and ongoing management in the qualifying Canadian business, and
- create at least one incremental full-time job equivalent for Canadian citizens and permanent residents
The requirement for active and ongoing management of the business means that the entrepreneur is involved in the operations of the business on a continuing basis and the entrepreneur must demonstrate active management involvement. Financial investment is insufficient -the entrepreneur must also demonstrate ongoing management, which can be a challenge if the entrepreneur owns a cross-national business with an active office in his/her country of nationality. In such circumstances, business relocation to Canada, or proof that the business immigrant has commenced a new business in Canada meeting the above noted objectives, will lead to the waiver of the terms and conditions for entrepreneur business immigration to Canada.
Self Employed
This business immigration category is available to applicants who have relevant experience and intention and ability to be self-employed in Canada in specific economic sectors such as the following:
- self-employment in cultural activities or in athletics
- participation at a world class level in cultural activities or athletics; or
- farm management (experience required)
This category may also include management experience in the world of art and culture, where there is an artistic or cultural component to the job. Business relocation is obviously a requirement of this particular business immigration Category and the business immigrant must demonstrate that the business relocation is likely to be successful.
"Bart and Associates obtained my immigrant investor visa within a period of six months!"
Roy H. Businessman, Toronto Ontario
Jacqueline Bart
• Certified Immigration Specialist by the Law Society of Upper Canada
• She is the Editor-in-Chief of "The Canadian/U.S. Relocation Manual: Immigration, Employment, Customs and Taxation Law"
learn more about Jacqueline Bart
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Jacqueline Bart & Associates
A Citizenship and Immigration Law Firm
Barristers and Solicitors
Law Chambers
181 University Av, Suite 2200
Toronto M5H 3M7
Telephone: 1-416-601-1346
Fax: 1-416-601-1357
email: bart@bartlaw.ca