Business

Canada is a secure, stable and growing country and is rated as one of the safest and best places to conduct business. Each of Canada’s provinces has its own small immigration program wherein the provincial Government can nominate individuals for immigration to their province based on certain criteria. Once nominated, the individual can apply for permanent residence through a federal immigration program.

Following business programs are currently available by different province:-

Quebec investor Program

Under this category an entrepreneur is required to invest a sum of $1,200,000 CAD which the Quebec Government will invest for its own benefit which is returnable interest free after a period of 5 years.
To be eligible under this programs there are certain conditions:-

• The applicant along with his/her spouse must have assets of at least $2,000,000 CAD acquired legally. This must not include the amount received by donation 6 months before filing of application.
• The applicant must have two years of experience in five years preceding the application date, in management or running a farming, commercial or industrial business having at least having two full time staff members.
• He must sign an agreement to settle in Quebec and invest $1,200,000 CAD.
• The investment of $1,200,000 CAD for five years term is guaranteed by Government of Quebec
• At the end of five years, Quebec will reimburse the applicant $1,200,000 CAD without interest. However the amount may vary if the applicant secured financing for this investment.

The assessment of application will also take into account other factors such as age, applicant’s language skill and his/ her professional training etc.

British Columbia Nominee-Regional Entrepreneur

Under this program, the applicants must register with the Entrepreneur Immigration Registration.

Applications of all applicant will be assessed and assigned a score based on experience, net worth, personal investment, jobs, adaptability, and business concept (the maximum score available is 200), and only the top applicants will receive an invitation to apply under the BCPNP.

To be eligible to register for the BCPNP-Entrepreneur Stream, an applicant must fulfill following criteria:-

• He/She must have, at atlest $600,000 CAD in personal net worth (which includes his/her spouse’s or common law partner’s assets)
• He/She must have more than three years of experience as an owner/co-owner, or more than four years as a senior manager (there must be a minimum of 3 employees under his/her supervision to be considered a senior management role) of a business in the last ten years
• He/she must have two years of post-secondary education, or have experience as a business owner-manager with 100% ownership for at least three of the past five years (100% ownership can be shared with a spouse of common law partner)

In addition to the aforementioned personal requirements to apply to the nomination program, He/she must also submit a detailed proposal of intended business activities to be undertaken Only those proposals will be considered which contribute towards economic growth of the province. An applicant must decide beforehand on the type of business they intend to establish, and once the application is filed, they are not allowed to change it. In reviewing an applicant’s business proposal for nomination, the BCPNP will consider the following factors:

• Does the business model have realistic potential for growth and profit?
• Does it meet the minimum ownership percentage of 33.3% (this criterion is waived if the applicant’s personal equity investment is greater than $1 million)?
• Does the applicant have a market entry strategy?
• Will the proposed product/service succeed in the proposed market?
• Will the proposed investment and job creation reasonable (the proposal must account for at least one job being created or an applicant cannot register; the business must create three new jobs if the applicant proposes having a key staff member)?
• And finally, are the risk factors acceptable?

Additionally, If the applicant has proposed to take over an existing business, there are additional factors BCPNP will consider:

• Does the applicant have an expansion plan for the current business, and is it feasible?
• Is the purchase and expansion of the ongoing business financially stable?

The BCPNP will also examine whether an applicant’s skill set (ie. Past ownership or senior management experience) is transferable into their proposed business venture. Lastly, the BCPNP will examine the economic benefit of the business on the province and award it points accordingly. Assuming that the applicant’s proposed business activities meet the BCPNP criteria, the applicant must also demonstrate that they will be able to make a minimum eligible personal investment of $200,000. If an applicant proposes having a key staff member, they must make an eligible personal investment of at least $400,000.

If a registered applicant is invited to apply to the nomination program, they will have 4 months to complete and submit the required documentation. If the application is approved by the BCPNP, the applicant will then be required to sign a performance agreement and they will initially be eligible for a two-year temporary work permit (Note: Performance agreements vary for each applicant). After signing the performance agreement, the applicant must arrive in BC with a work permit within 12 months. The applicant must then file an arrival report within two months of arriving, and set up their business within 20 months of that time. At the end of the 20 months, the BCPNP will review the applicant’s file and decide whether it will nominate them for permanent residence.

Manitoba Provincial Nominee Program – Business Applicant

Any applicant who is interested in operating a business in Manitoba, must first file an Expression of Interest (EOI) and also make an Exploratory Visit (the visit cannot be more than a year before the EOI is filed), and a summary of Business proposed to be set up. In order to be eligible for the Business Applicant program, a candidate must:

• Have a minimum, verifiable and legally acquired, personal net worth of $350,000 CAD
• Have a minimum of 3 years of successful business ownership and management
  experience (or, a minimum 3 years of executive level experience as a senior
  manager of a business)
• He/She must obtain a score of at least 60 on the *Adaptability Assessment Matrix *The Adaptability Matrix analyse the application based on their age,business knowledge, business experience, net worth, English and/or French fluency (to verify language claims, an applicant must submit IELTS results from within the last 2 years), and lastly, enhanced settlement factors (these account for an applicant’s connection to the province and the skills of an applicant’s dependents
• He/She must commit to make an investment of minimum $150,000 CAD
• He/She must also commit to make a $100,000 good-faith Deposit Agreement that is refundable if the terms of the agreement are met by the applicant.

Based upon applications received,The province will identify top candidates from the EOI pool to apply for nomination and then select the top nomination applicants for nomination. There is no guarantee tha an application will lead to a nomination, nor is there a guarantee that Immigration, Refugee and Citizenship Canada (IRCC) will approve a nominated applicant for permanent residency

New Brunswick Provincial Nominee Program (NBPNP) – Business Applicant

The main purpose of this program is to identify and nominate qualified business people from around the world who will contribute to the economy of New Brunswick by establishing new business and generate employment. The first step for any interested applicant is to file an Expression of Interest (EOI). Applicants from the EOI pool are evaluated and assigned a score based on that evaluation. The minimum score that an applicant must achieve is 50, but that is not a guarantee for an invitation to apply to the nominee program; only the highest ranked candidates are invited to apply.

In order to be eligible for the Business Applicant program, a candidate should:

• be between age of 22 and 55
• He/She must have sufficient English and/or French to manage a business (to prove this requirement a candidate may be asked to produce an IELTS from within the last two years)
• He/She must have minimum qualification of high school or diploma
• He/She must be able to demonstrate that they will live in and operate their business in New Brunswick
• He/She must prove that they have ownership or senior management experience in at least 3 of the last 5 years and have an understanding of the business climate in New Brunswick
• Have a minimum net worth of $300,000 and commit to a minimum of $125,000 investment in their business. Furthermore, they must provide evidence they can make a $75,000 deposit agreement(refundable if the candidate meets the province requirements)

If a candidate is invited to apply for the NBPNP they will be required to schedule a visit to NB, where they will have an in-person interview and provide a detailed business plan. At this stage, if NB chooses to nominate the applicant, both parties will sign the Deposit Agreement and the nominated applicant will apply to Immigration, Refugee and Citizenship Canada (IRCC) for permanent residency

Ontario Immigration Nominee Program – Investment Stream

First step to receive a nomination from the Ontario Ministry of Citizenship, Immigration and International Trade (MCIIT) is to submit an Investment Referral Form which is reviewed by a secondary Ontario ministry. The registration applications are then reviewed and ranked. To receive nomination, investment proposals must be of significant importance to Ontario and must create jobs for this province. Both new investments and expansions to current operations are eligible. Investments must meet the following eligibility guidelines:

• The investment must receive an official endorsement from another Ontario ministry at the Deputy Minister level for the investment.
• The amount of the investment must be at least $3,000,000 CAD
• The investment must create at least five net permanent full-time jobs for Canadian citizens or permanent residents in Ontario. If there is more than one requested nominee position, the requisite number of full time jobs created should increase proportionately
• In addition, Investment Nominee Positions being considered for approval by the Ontario Immigrant Nominee Program must:

a) Must be necessary for the long-term success of the investment
b) Must be in a skilled occupation (NOC 0, A, or B)
c)Must be permanent, full-time positions
d)Must meet prevailing wage levels in the province
e) Must not affect the settlement of any labor dispute or affect the employment of a person involved in such a dispute, or adversely affect employment or training opportunities for Canadian citizens or permanent residents of Ontario.

Nomination:

If the ministry approves the investment plan, they will provide the the applicant with instructions on how to apply. The application is reviewed by the assigned ministry and is also reviewed by MCIIT. If the MCIIT and the secondary ministry approve the application, the applicant will receive a nominee application package. The applicant will have 60 days to complete the application package and file it for assessment (there is a $3,500 non- refundable fee to file the application). If MCIIT nominates an applicant, the applicant has 6 months to apply to Immigration, Refugee and Citizenship Canada (IRCC) for permanent residence (the applicant can request a temporary work permit while the IRCC is processing their application)

Business Visitor

There are a number of reasons why an individual may come to Canada as a business visitor, including:

• Attending business meetings, conferences, conventions, fairs, etc
• Buying Canadian goods or services on behalf of a foreign entity
• Taking orders for goods or services
• Providing after-sales service, excluding hands-on work in the construction trades
• Being trained by a Canadian parent company for work outside of Canada
• Training employees of a Canadian subsidiary of a foreign company

The Business Visitor category facilitates entry for individuals (without a work permit) who engage in business or trade activities in Canada but will not enter the Canadian labour market. Individuals who plan to enter the Canadian labour market may require a Temporary Work Permit. In addition, a Business Visitor may still require a Temporary Resident Visa or an eTA (electronic Travel Authorization) to enter Canada on a temporary basis.

There are a number of subdivisions under this category, but all business visitors must meet the following general criteria:

• There must be no intent to enter the Canadian labour market (there will be no gainful employment in the country)
• The worker’s activity in Canada must be international in scope (it is assumed that a business visitor will engage in cross-border activity of some sort)
• For business visitors in Canada working for a foreign employer, the following criteria are assumed :

o The primary source of the worker’s compensation is outside of Canada
o The principal place of employment is located outside of Canada
o The employer’s profits are accrued outside of Canada

When travelling to Canada, a business visitors should be prepared to present immigration officials with documentation that attests to their desired status in Canada. This documentation will vary on a case-by-case basis. Often, items such as a letter of support from a parent company or letter of invitation from a Canadian company can help to bolster one’s likelihood of acceptance as a business visitor.