Business Immigration Program

Business Immigration consists of three programs – Entrepreneur, Investor, and Self-employed person.

The applicant can apply under only one of these programs and the applicant cannot change the program once they have submitted their application. All business applications require extensive documentation.  The application process involves two steps:

1. The applicant must first meet the definition of the one program they are applying under (investor,  entrepreneur or self-employed person) to be eligible for assessment against the selection criteria.
2. If the applicant successfully met the definition of the program they are applying under, they are then assessed against five selection factors. The five selection factors are the same for all three programs, with the passing mark of 35 points:

A) The Federal Entrepreneur Program

Regardless of which two criteria in the chart the applicant relies upon, the applicant must create the equivalent of at least one incremental full-time job. The employment can be comprised of a number of part-time employees. In addition, the one incremental employee must be someone other than the entrepreneur or a member of the entrepreneur’s family. As with the other terms and conditions the entrepreneur must create this additional employment for one year during their first three years after landing. Furthermore, the entrepreneur must have active and ongoing participation in management for at least one year (i.e. within the first three years after landing).

Entrepreneurs must report on their business progress until satisfying the government that program criteria have been satisfied, at which time the terms and condition on their visas are removed.

B) The Federal Investor Program

Investors are required to make an interest free loan of $800,000 to the Canadian government. Many major Canadian financial institutions offer financing for this passive investment.  This investment is returned without interest after 5 years. Immigrant Investors are also required to demonstrate a legally obtained minimum net worth of at least $1,600,000, which is significantly higher than the net worth requirement for Immigrant Entrepreneurs. Furthermore, Immigrant Investors have to demonstrate: i) experience owning and operating a "qualifying business" as in the Federal Entrepreneur Program; or ii) manage at least 5 full-time personnel for at least 2 years in the 5 years before application; or iii) a combination of one year in each of i) and ii).

This option is favourable to immigrants who want time to acclimatize to the North American business climate and do not want the obligation to establish a business in Canada within a certain time frame, as is required for Immigrant Entrepreneurs.  There are no conditions placed on Investor visas.

C) Federal Self-employed Person Program

Self-employed persons are individuals who have relevant experience of: i) self-employment in cultural or athletic activities; or ii) participation at a world class level in cultural activities or athletics (for example, chess tournaments in Linares); or iii) farm management experience. Self-employed Immigrants are required make a significant contribution to one of these three types of economic activities in Canada. Like Investors, self-employed persons need not meet any post-landing conditions, and are also assessed on a point system.  Federal Entrepreneurs and Self-employed persons are eligible for work permits while awaiting their immigrant visas, although these are very challenging to obtain.

D) Provincial Business Immigration

Quebec Business Immigration Program

Quebec, which is the only Canadian province with a predominantly Francophone population, has the provincial power to select economic immigrants who wish to settle in the province.  It is also the only province to have its own selection system, as opposed to nominee system (described below), meaning that it is a more robust program than other provinces have.  Quebec also offers three business immigration categories (Entrepreneur, Investor, Self-employed).  The first two are similar to the federal categories.  Quebec Self-employed immigrants must be experienced workers who intend to practice their own profession or trade in Quebec, and possess legally obtained net assets of at least $100,000.  Immigration under each of these three categories requires the business immigrants to contribute specifically to Quebec.  For example, Immigrant Entrepreneurs in Quebec are required to start their businesses in the province, Investor funds finance Quebec provincial business assistance programs, and selection consideration includes the applicant's knowledge of and intention to settle in Quebec.

Provincial Nominee Programs for Business Immigrants

The provinces and territories listed in section on "Provincial Nominee Programs" all operate PNPs with business immigration categories. These programs allow provinces to "nominate" (rather than "select") business persons, and offer an expedited immigrant process to the Federal system.  In addition, work permits are easier to obtain than for federal business immigrants.  Provincial nominees are usually required to invest in the province, start a business, or pursue a joint venture with existing local businesses.