Business Immigration

The Canadian market provides access to 1.5 billion consumers across 51 countries accounting for 60% of the world’s GDP. This global market access has been made possible thanks to a growing number of Free Trade Agreements that Canada has signed. 

Whether you are an entrepreneur, business manager or self-employed, several federal and provincial immigration programs are available for you and family. It is to be noted that passive investment programs of the past years no longer exist. Canadian business programs are targeted toward business persons and entrepreneurs actively engaged in business. Additionally, language proficiency is becoming increasingly important factor in business and other programs. These Canadian business immigration programs have different requirements and selection criteria. Our Canadian business immigration consultant with an MBA will be happy to assist you with further details of these programs and initial assessment under business and investor immigration programs. 

AN OVERVIEW OF FEDERAL BUSINESS IMMIGRATION

Startup

By definition, a startup is a newly-established company founded by one or more entrepreneurs to bring to the market a unique product or service. In this sense, the essence of a startup is innovation. Canada, under Startup Visa Program provides an immigration opportunity to entrepreneurs who are “disruptors” i.e have an innovative idea of a product or service that is globally scalable. The first step under this program is to pitch the business idea to an angel investor group, capital fund or business incubator designated by the government in order to get a letter of support from them. With this letter, the entrepreneur can start immigration process. 

Self-employed Persons Program

Self-employment under this federal category is restricted to cultural and athletic activities. Foreign nationals who have 2-year experience as self-employed in cultural or athletic fields and have participated at world-class level are considered for permanent residence. A candidate’s qualification is based on selection criteria including experience, education, age, language skills and adaptability. Candidates are also assessed in view of their intention and ability to be self-employed and make “significant contribution” to cultural or sports activities in Canada. 

Quebec Self-Employed Worker Program is much broader in scope than federal self-employed program and allows candidates in a large number of trades and professions to apply.

C-11 – “Significant Benefits”

This program is for entrepreneurs or self-employed candidates seeking to open a new – or purchase an existing - business in Canada that will bring a significant economic, social or cultural benefit to the Canadians. The significant benefit can be offered through purchasing a distressed business, creating an export business, serving underserved areas or markets etc. This program has two components: those seeking temporary entry, and those wishing permanent residence in Canada. Once approved, the candidate first gets an LMIA-exempt work permit and, after one year, can apply for PR through Express Entry system. 

ICT - Intra-Company Transfer

This business program allows overseas companies to start or expand their business in Canada by transferring employees to their Canadian branch or affiliate. Eligible candidates under this program include owners, managers who are already in a managerial position or people with specialized knowledge. Transferees under this program apply for an LMIA-exempt work permit, which is issued for 1 or 2 years depending on the qualifying factors for companies and employees. The work permit can be renewed for up to 7 years in total. 

Treaty Investor

Canada has Trade and investment agreements with a growing number of countries, most renowned being the Canada-United States-Mexico Agreement (CUSMA), which replaced the NAFTA under Trump administration. These bilateral and multilateral trade agreements include all European countries, and the U.K., South Korea, Japan, Australia, Chile, Peru and Colombia, to name a few. 

A treaty investor can establish a startup or purchase an existing business. Permanent residency under this program is a two-step process. First, the investor applies for an LMIA-exempt work permit and after one year the investor becomes eligible to apply for permanent residence through Express Entry. A treaty investor can bring additional persons to work in the Canadian business. These persons need not be the current employees of the investor but must have the same nationality as the investor. 

Provincial Nomination Programs (PNPs)

Almost every Canadian province and territory offers its own immigration programs leading to permanent residence. These programs are based on their specific and evolving economic and demographic needs with an annual limit to the number of immigrants. As such these immigration pathways are not as stable as federal programs and can change, pause or terminated at anytime. The PNPs are generally geared toward skilled workers, business persons, students and semi-skilled workers and have varying criteria of work experience, skills, education and age. By their nature, PNPs require the immigration candidates to settle in the province or territory that nominated them.

Note: Quebec does not have a Provincial Nominee Program. It has its own immigration system and selection process.