CANADA - BUSINESS IMMIGRATION

Overview

Canada welcomes immigrants who contribute to economic prosperity by making a significant investment in the country. Business immigration cases are assessed according to several factors, including education, work experience, age, language ability and personal suitability of the applicant. Business immigrants must also be medically and criminally admissible to Canada. Before the assessment or admissibility clearances are performed, the applicant must meet certain legal definitions.

Business Immigration Regulations

There are two main categories in which business immigrants may apply:

(1) Entrepreneur Category:

An Entrepreneur is defined by Immigration Regulations as a person:

There are several conditions imposed on Entrepreneurs. The types of businesses that Entrepreneurs are allowed by the provincial governments to engage in are also limited. For example, most small retail/service businesses are not acceptable. Before they immigrate, they are expected to have a business plan and knowledge of doing business in Canada.
Besides, after landing in Canada, Entrepreneurs are allowed two years to establish and control an acceptable business that provides or sustains employment for one Canadian. Furthermore, they must make regular reports regarding their progress in their business pursuits to provincial government authorities. The terms of this category are CONDITIONAL, meaning that if the Entrepreneur fails to fulfill any of the requirements within the 2-year period after migrating, he/she may lose permanent residency, and face removal from Canada.
Many Entrepreneurs do not succeed in their business activities in Canada; thus, those Entrepreneurs lose hundreds of thousands of dollars. Then, these Entrepreneurs hire lawyers/ consultants to help them stay in Canada, for whom they pay thousands of dollars. In the end, despite the efforts of lawyers/consultant, many Entrepreneurs are deported from Canada every year. Entrepreneurs, including those who were very successful business people in their own native countries, fail in Canada because the business practices and realities in Canada are usually very different from what they were used to.

A desirable alternative to the Entrepreneur Category is the Investor Category. Quebec runs the most successful Investor Immigrant program in Canada. The Applicant must have an initial intention of settling in Quebec. However, Investors are allowed to change their minds later and land in a different province. The immigration visa you will be issued allows you to live anywhere in Canada.

(2) Investor Category:  

 The following information is based on the latest changes to the immigration regulations of the Investor Category in Quebec.
An Investor is a person who meets all of the following:

The C$110,000 that you deposit will be invested with the government of Quebec. In other words, you will be lending money to the government of Quebec. So your investment is very safe. Your investment will remain for 5 years, but you will not receive any interest even if you decide to deposit the entire amount of C$400,000.
The investment arrangement is conducted through an investment-banking firm authorized by the Government of Quebec. This investment firm is the largest in Quebec and it is a division of one of the largest national banks in Canada. Those who are applying for immigration under the Investor category must sign an investment agreement with the investment firm prior to submitting their immigration application. Later on, after the government approves the application in principle, the applicant will be asked to transfer the investment funds to the investment firm who in turn arranges the investment with Quebec Government.
The C$800,000 required net worth is equal to "assets" minus "liabilities". Assets include every thing you own such as cash, stocks/shares, real estate properties, businesses, land, farms, and houses, etc. Liabilities include your financial obligations (debts) to other parties, which means everything you owe and have to pay to other people, such as debts, loans, home mortgages, accounts payable to your suppliers of your business, etc.
For immigration, your net worth must be accumulated through your own legal efforts. You must own personally all the assets. If you are a partner in a business/property, include only the value of your share of that business/property. Assets owned by your spouse or children should not be included. Do not include assets that you inherited from your parents or assets you were given as a gift. However, for example, if you inherited a business from your parents, which was worth US$250,000 at the time of inheritance, but today under your ownership and management, it is worth US$1 million. You can say that the added value of US$750,000 was made through your own efforts.
The value of a business means "how much money you can sell it for today". For the valuation of your business/ properties, we recommend using the services of an international accounting firm having an office in your country. Generally speaking, the more cash or easily liquidated investments you have, the better.

**Investment Financing Options:

a) "Option A":
The investor deposits as little as C$110,000 (US$ 71,500) borrows the remaining C$290,000 from the investment firm, and nothing is paid back to the investor at the end of the five-year term.

b) "Option B":
The immigrant deposits the full C$400,000 (US$260,000) which is then invested. (If the Investor needs money, the investment firm can arrange to obtain for the Investor a line of credit of up to C$280,000). At the end of the five-year investment term, the entire amount of investment is returned to the Investor.

Realities of Business Immigration
The preparation of a business immigration case is complex and time-consuming. There are many variables and factors that must be taken into account if the application is going to be approved.
First of all, the officer must attempt to determine whether you meet the definition of Investor. While this may sound quite simple, the definition is actually very stringent, as every single word has a specific legal meaning and interpretation. You must prove that you do indeed fit with the definition of "Investor". Visa officers will verify that you have the necessary business or managerial experience. Having an acceptable business experience is an important factor in the process of selecting Immigrant Investors. The Investor's managerial work experience must also be illustrated in detail. What is the nature of your business experience? Will it be deemed sufficient? Did you manage an entire company or just a small department?
Furthermore, visa officers need to make sure that Investors have accumulated at least C$800,000 of their Net Worth (Net Assets) through their own legal endeavours. Assets gained through illegitimate means are not acceptable; in addition, any portion of the net worth that has been inherited or received as a gift will not count. However, salaries and other forms of employee compensation are acceptable. Investor applications must carefully document the source of funds, as the officer will very thoroughly study the applicant's financial portfolio to ensure that the source of the funds is acceptable.
Each case is thoroughly scrutinized by a vigilant visa officer. How your application is presented is undoubtedly critical to your success in obtaining a visa. When you engage EasyMigrate Consultancy Services (ECS), we can compose a Professional Opinion Report (P.O.R.) to accompany your application. Our P.O.R. acts in essentially the same manner as a trial lawyer in a court of law. The P.O.R. methodically addresses each and every issue that visa officers consider before making their decisions. Citing legal precedents and prior Federal Court decisions to support the arguments being made in favour of the client, the P.O.R. highlights and accentuates the positive aspects of the case and at the same time rebuffs any possible concerns against it.
In essence, ECS will demonstrate unequivocally that you fit perfectly the definition of an investor according to the immigration regulations and that you can in fact be a valuable member of the Canadian society. Your Consultant illustrates how the Applicant has the necessary successful business experience and legitimate self-made financial resources not only meets the minimum immigration selection criteria, but may exceed them as well. Your Consultant uses applicable previous legal appeal/court decisions in similar cases to support the Applicant's case. ECS portrays the Investor as a person who is ready for and capable of handling all obstacles that you may encounter in establishing himself/herself in Canada. Our Canadian affiliate Consultant eloquently urges the Government to issue an immigration visa for the Applicant.
Even after the officer determines that you meet the definition of either an Investor, you are still subject to other assessment criteria. Proficiency in English/French, age, and adequate level of education are important considerations for selecting Entrepreneurs, but less important for selecting Investors.
Your overall "Personal Suitability" for immigration is an important factor that will be carefully judged by the visa officer during the immigration interview. Applicants must demonstrate good knowledge and understanding of life and work/business conditions in Canada. The interview stage is the culmination of your entire application. It is a particularly daunting and psychologically intense encounter. Furthermore, this stage of the assessment is discretionary and subjective, and permits an officer to reject a case that he/she believes will not be successful. ECS ensures that applicants are well prepared to answer the questions posed by the officer.
We assist you in assuring that every step of the immigration process has been precisely and conscientiously planned for, thus avoiding all pitfalls and potential problems.

The Investors Immigration Process through ECS

For information about our services and fees, click here: ECS Canada Services & Fees.
For information about the application fees to be paid to the government, click here: Canada Government Fees.