CANADIAN IMMIGRATION LAWYER

Business and Investor Immigration

Rameh Law > Business and Investor Immigration

Business and Investor Immigration

Federal Government Requirements

You have to understand that it’s the IRCC (Immigration, Refugees, and Citizenship Canada) that has the final say about your application for permanent residency under any provincial program. While a provincial nomination gets one of your feet inside Canada, it’s not a guarantee that IRCC will approve your request for permanent residency.

IRCC will examine admissibility, for example, your criminal history, whether you are a potential security threat to Canada, and medical condition, and can turn down your application if they believe you’re inadmissible as per the IRP (Immigration and Refugee Protection) Act.

Quebec Investor Program

The Quebec’s Program is the most popular and most extensive Canada investment and business immigration program.

The program is passive in design, which means you can be eligible for it even if you do not establish or manage investment in the province.

The Requirements for the Quebec investor program are:

  • Two years of relevant business or management experience acquired within the five years before the application
  • Investment of CAD 1.2 million into a five-year passive government guaranteed investment accruing no interest. After five years, you’ll get back your investment, but the Quebec government will keep the interest accumulated.
  • You have (or together with a spouse) properties worth no less than CAD 2,000,000. You must have obtained the assets legally, not including any donations received months or less before the verification day of your application.
  • Intend to reside in Quebec.

British Columbia Nominee – Regional Entrepreneur

First, you have to register with the EIR (Entrepreneur Immigration Registration). You will be allocated a score based on personal investment, experience, business concept, net worth, jobs, and adaptability.

To qualify for the BC program, you must have:

  1. You must have:

Owned or managed a business actively for at least three years

OR

Managed a business for at least four years as a senior manager

OR

a blend of a minimum of one year of experience as an active business manager-owner and no less than two years of senior management business experience

  1. a verifiable and legally acquired personal net worth of not less than CAD 600,000
  • have basic French or English l proficiency equivalent to CLB (Canadian Language Benchmark) of at least level 4
  1. a post-secondary education credentials
  2. experience as an active business owner-manager with full ownership of the business for no less than three of the past five years

​ Candidates must also answer questions and provide details of their business proposal, which will later be scored by the BC PNP.

Moreover, you will also need to respond to queries and explain your business proposal in detail. The BCPNP will allocate you a score based on your performance. You need to aim to either:

  • establish an eligible new business

OR

  • buy and refurbish an existing business and invest not less than CAD 200,000 in the business
  • create one full-time job on the minimum for a Canadian permanent resident or Canadian citizen in the business.

If invited to apply, you cannot change your business concept after its registration. To be allowed to register, you have to demonstrate that you can make a personal investment of $200,000 at a minimum. If you’re proposing a vital staff member, you must have the financial capacity to make a legally acquired personal investment of at least $400,000.

 

Ontario Immigration Nominee Program (OINP) – Investment Stream

The OINP investment Stream was designed to support persons from other countries looking to start a business or purchase an existing one in Ontario. The program offers entrepreneurs the chance to receive a nomination for permanent resident status once their startups have been established successfully in the province.

To take part in the Entrepreneur Stream, the Principal Applicant and their Business Partner—if applicable—need to submit their investment referral from (MCIIT) Ministry of Citizenship, Immigration, and International Trade to the other that the investment will impact.

The MCIIT will only nominate you for OINP if you meet the eligibility criteria, including:

  • Experience: within the last five years, you must have a full-time business experience of not less than three years, either the owner or senior manager
  • Net worth: depending on the type of business and your preferred location, you must be worth between $800,000  and $1,500,000
  • Be in a NOC skilled occupation level 0, A, or B
  • Least investment: depending on the business’s type and location, you will need to invest at least $3,000,000. Also, you must have a 33.3% minimum ownership.
  • Employ at least five Canadian citizens or permanent residents of full-time and permanent basis
  • Meet prevailing remuneration levels
  • The minimum requirement for CLB (Canadian Language Benchmark) is at least five or equivalent, in French or English
  • Be involved in running the business.

Nomination for OINP:

If the ministry accepts your investment plan, they’ll show you how to apply. The assigned ministry and the MCIIT will once again review your application. If the two bodies approve your application, you’ll get a nominee application package. Within two months, you must complete and submit your application for assessment. You’ll pay a non-refundable filing fee of  $3,500.

When you receive an MCIIT nomination, an applicant, you have six months to apply to IRCC for a permanent residence permit. While IRCC is processing your application, you’ll need to request a temporary work permit.

 

North West Territories Immigration Nominee Program (NWTINP) – Entrepreneur Stream

The Northwest Territories government operates the NTPNP immigration program through a collaboration with the Canadian Federal Government. The NWTINP allows for faster immigration to Canada for business people and skilled workers looking to settle in the Northwest Territories.

To be eligible for NWTINP, you must:

  • Show a proposal to purchase or start a new business in the Northwest Territories.
  • Invest at least CAD 300,000 into starting a business or buying an existing one in the Yellowknife area, or be ready to use at least $150,000 to start or acquire a business outside the area.
  • Have the education and experience necessary to implement your business plan
  • Prove that you are worth not less than $500,000 if you have chosen to invest in the Yellowknife region, or at least a net worth of CAD 250,000 if you intend to establish a business outside the Yellowknife area
  • Reasonable communication skills
  • Have a trust account loaded with at least CAD 75,000 kept in a trust account— which will be released minus interest upon the finalization of a performance agreement
  • You have a good understanding of the Northwest region and its economy

The Yukon Business Nominee Program (YBNP)

Yukon government, in collaboration with the Canadian federal government, manages the YBNP. The program aims to attract foreign entrepreneurs to Yukon. The program allows the Yukon government to nominate foreign nationals for immigration to Canada if those persons have verified business skills and are looking to live in Yukon

To qualify for the program, you must:

  • Achieved at least 56 points on the Nominee Assessment Grid
  • Achieved, at least

Level six in IELTS

OR

Level four in TEF

  • Relevant business management or entrepreneurial experience
  • Demonstration of active and continuing management of the business
  • At least a net worth of $250,000
  • Liquid assets valued at $150,000 or above
  • An equity investment valued at not less than $ 1000000 in a business in  at least one of the  industries identified on Strategic Sector List
  • A legal document confirming that you obtained your wealth legally
  • A viable  business plan outlining how you intend to establish and run the business successfully
  •  show intent to reside in Yukon by submitting your Resettlement Plan

Manitoba Provincial Nominee Program – Business Applicant

If you are looking to run a business in Manitoba, you’ll start by filing an EOI (Expression of Interest) together with an Exploratory Visit. Your exploratory visit must be less than a year before you file the EOI is filed. You also have to file a summarized version of your Business Intent.

To qualify for the Manitoba Business Applicant program, you must:

  • Have a confirmable, individual net worth of at least $350,000
  • Have successfully owned or managed a business for at least three years
  • Attain a score of not less than 60 points on the AAM (Adaptability Assessment Matrix)

The AAM offers you a range of scores based on your business experience, age, business knowledge, net worth, French/English language skills, and your dependent’s skills. For language verification, you must submit your IELTS results from no more than the last two years. The AAM grading system also emphasizes your connection to the Manitoba province.

  • Commit to investing at least $150,000.
  • Pledge to deposit not less than $100,000 as a good faith Deposit Agreement. The money is refundable if you meet the terms of the agreement.

The SINP-E (Saskatchewan Immigration Nominee Program-Entrepreneur)

The SINP Entrepreneur Program allows you and your family to start, partner, or acquire a business in Saskatchewan. You will have to involve yourself actively in the management of the business while living in Saskatchewan. The process of acquiring the right to participate in the SINP-E program includes:

  • Submission of your EOI (Expression Of Interest) to the SINP
  • Invitation for submitting your application after an EOI Selection

The selection of your Expression of Interest will be based on the points you scored on the point’s criteria grid.

The criteria grid considers:

  • Age
  • exploratory visits,
  • official language ability
  • qualifications
  • net worth
  • entrepreneur experience
  • innovation
  • investment amount
  • impact of the investment on the Saskatchewan economy

The processing of the applications for candidates who received an invitation to apply is done on a first-come-first-serve basis.

The SINP doesn’t offer priority processing or special favors for any applications. All candidates must meet all SINP-E requirements.

The EOI (Expression of Interest) System

The Expression of Interest isn’t an application. It’s just a way of indicating that you are willing to participate in the program. As a potential immigrant, you’ll indicate your interest in living and running a business in Saskatchewan by availing of prerequisite info about your entrepreneurial experience, personal net worth, and a business plan, among other requirements.

You’ll be accepted in the candidates’ EOI pool if you meet the minimum requirements of the SINP-E plan.

To meet the least entry requirements, you must:

  • Have at least CAD 500,000 in net personal and business assets
  • Have, in the last ten years, not less than three years of entrepreneurial experience or business management experience
  • Be willing to invest at least CAD 300,000 in Saskatoon or Regina, or CAD 200,000 in any other region of Saskatchewan.

After meeting the above criteria, you’ll receive a recommendation letter for a temporary work permit. As long as you adhere to the BPA (Business Performance Agreement), you’ll be allowed to apply to the SINP-E for nomination. With your nomination in hand, you can apply for permanent residency at IRCC.

 

Prince Edward Island Business Impact (PEIBI) Stream for 100% Ownership

This immigration class is for persons who wish to invest and further participate in the management of the business in Prince Edward Island.

This stream supports foreign citizens looking forward to assuming 100% ownership rights in either a new or an existing business in the province of Prince Edward Island.

The eligibility for the 100% ownership plan:

  • Possess at least $600000 personal net worth that you can verify that you obtained using legal means
  • Be at least a high school graduate or have equivalent academic qualifications.
  • At the application time, be between 21-59 years old.
  • Have past employment and transferable business management skills
  • Have attained an IELTS score of at least four within no more than two years before your application
  • Have a comprehensive business plan for full business ownership, and the business must fall under an eligible sector.
  • Be ready to manage and actively participate in the daily running of the business from within the province.
  • Deposit at least $ 200000 in an Escrow Agreement account. The province will hold the money until you meet the terms of the agreement.
  • You could forfeit your $ 200000deposit if you contravene the terms of the investment agreement.
  • Invest at least $150,000 in an existing or new business in the province
  • Give copies of the sale and purchase agreement if you choose to invest or purchase an existing company.

The Prince Edward Islands is grappling with unique economic factors and demands currently; hence it’s giving particular preferences to investors looking to run businesses in areas such as:

  • The expansion or starting of export-oriented companies
  • Businesses that use primary sector resources from the fishery, agriculture, and forestry sectors
  • Businesses that focus on diversifying rural communities economically
  • Businesses that advance Prince Edward Island’s emerging innovative sectors of IT, renewable energy, bioscience, and aerospace

NBPNP—New Brunswick Provincial Nominee Program– Business Applicant

The NBPNP aims to pick qualified foreign businesspersons who will help in the economic growth of the Brunswick province. If you are interested in the NBPNP program, you need to start by filing your Expression of Interest. Qualified businesspersons in the EOI pool will get a nomination to apply for the program. Only the highest-ranking candidates are invited to apply for the program, although the minimum score in the pool is 50 points.

​To qualify for the NBPNP program, you should:

  • Have a $300,000 minimum net worth and invest at least $125,000 investment in a New Brunswick located business.
  • Prove that you can deposit a $75,000CAD deposit as per New Brunswick’s Deposit Agreement. The money is refundable if you meet the program’s other eligibility requirements.
  • Have satisfactory French or English to necessary to run manage a business in Canada. To prove your language proficiency, you will have to have an IELTS that you got from within the last two years)
  • Have, at least, a high school education qualification
  • ​Be aged between 22- 55 years old
  • You’ll live and run your business from the province of New Brunswick
  • Provable experience in senior management or ownership of a thriving business of not less than three years  of the last five years
  • Demonstrate an understanding of New Brunswick’s business environment

You will have to schedule a visit to the province if you get an invitation to apply for the NBPNP. During the visit, you’ll have a one-on-one interview and submit your detailed business plan. If the province has nominated you for the NBPNP program, there’ll be the signing of the deposits Agreement, and you’ll be at liberty to submit your application to the IRCC for permanent residency.