Skip to content

Canada’s bid to attract entrepreneurs: the Start-up Visa Program

Sara Espinal Henao

Canada wants entrepreneurs. With a strong and stable economy, world leading growth opportunities across industries, and a highly educated workforce, it is a great place to build a dynamic business that can compete on a global scale.

A permanent immigration program since 2018, Canada’s Start-up Visa targets immigrant entrepreneurs with innovative ventures and the backing of designated organizations that support their business plan. Successful applicants are able to settle in Canada as permanent residents, and have the option of coming to Canada as foreign workers while in the process of obtaining permanent resident status.

How it works

Entrepreneurs must undergo the following steps to obtain permanent residence under this program:

  1. Get the support of a designated organization

Applicants must secure the backing of a designated organization – a venture capital fund, angel investor group, or business incubator – that has been approved to invest in or support start-ups under the program.

Each designated organization has its own process for selecting the start-up that they wish to support and applicants must contact these entities directly to present their business venture.

If selected, the designated organization will provide a letter of support to the applicant and send a Commitment Certificate to Immigration, Refugees and Citizenship Canada (“IRCC”) on the applicant’s behalf.

  1. Set up a qualifying business in Canada

In order to qualify for the Start-up Business Class, a business should be properly incorporated at the time a commitment is made to bind the applicant to a designated entity. However, the program might also accept qualifying businesses whose incorporation is conditional upon the attainment of permanent residence by the applicant.

Each applicant must hold 10% or more of the voting rights attached to all shares of the corporation. Together, the applicants and the designated organization must jointly hold more than 50% of its total voting rights.

  1. Meet individual eligibility requirements

In addition to establishing a qualifying business with the backing of a designated organization, individual applicants must submit proof that they too meet the program’s eligibility criteria.

The ability to communicate and work in either English or French must be demonstrated in the application. To that end, applicants must take a language test from an approved agency and reach the minimum level of the Canadian Language Benchmark (“CLB”) 5 in either language.

Applicants also need to provide proof that they have enough funds to support themselves and their dependents after they arrive in Canada. Sufficient funds are determined according to the applicant’s family size.

  1. Submit the application

Once applicants have gathered all documents required to prove their and their business’ eligibility under the program, they can submit their application for permanent residence to IRCC. Upon submission, applications have an estimated processing time of 12 to 16 months.

Why we like it

  1. Greater flexibility compared to other entrepreneur programs

Canadian immigration programs intended for entrepreneurs typically allow only one principal applicant per business venture, require applicants to personally invest a substantial minimum amount in that business, and/or involve a business performance stage where the applicant must show that the start-up has been viable and successful before finalizing the permanent residence process. Further, provincial programs often require that applicants demonstrate a genuine intent to settle permanently and continue to reside in their province that nominated them, limiting their ability to relocate with their business if needed.

With the aim of making the process easier and more accessible, the Start-Up Visa option addresses those barriers. The program allows up to five co-founders named under one single commitment from a designated entity to apply, does not require applicants to personally invest in their proposed business venture, and grants permanent residence with no conditions attached to the location or success of that business.

  1. Lower language fluency requirements

Further, while most permanent residence programs at the federal level require that the applicant demonstrate fluency in English or French equivalent to level 7 in the CLB at a minimum, this program’s lower language proficiency threshold constitutes a more accessible eligibility requirement.

  1. It allows you to work while you wait

Lastly, applicants who are an essential part of the operations of the business and have secured a letter of support from a designated organization can obtain a work permit under the program. This allows entrepreneurs to come to Canada and start working on their business while they wait to obtain permanent resident status.

Further information

If you have further questions about this program, or other programs intended for entrepreneurs, we would be pleased to discuss your options. Please contact our Immigration Group.

SHARE

Archive

Search Archive


 
 

TTC’s Random Testing Decision: A Bright Light for Employers in the Haze of Marijuana Legalization

April 11, 2017

Rick Dunlop In my December 15, 2016 article, Federal Government’s Cannabis Report: What does it mean for employers?, I noted the Report’s1 suggestion that there was a lack of research to reliably determine when individuals are impaired…

Read More

Unionization in the Construction Industry: Vacation Day + Snapshot Rule = Disenfranchisement

April 4, 2017

Rick Dunlop and Michelle Black On March 14, 2014, CanMar Contracting Limited (“CanMar”) granted a day off to two of its hard working and longer serving employees so they could spend time with their respective families. That…

Read More

Sometimes a bad deal is just a bad deal: unconscionability and insurance claim settlements in Downer v Pitcher, 2017 NLCA 13

March 16, 2017

Joe Thorne and Meaghan McCaw The doctrine of unconscionability is an equitable remedy available in exceptional circumstances where a bargain between parties, be it a settlement or a release, may be set aside on the basis that…

Read More

Privilege Prevails: Privacy Commissioner protects solicitor-client communications

March 16, 2017

Jonathan Coady After more than five years, the Prince Edward Island Information and Privacy Commissioner (the “Privacy Commissioner”) has completed her review into more than sixty records withheld by a local school board on the…

Read More

The Latest in Labour Law: A Stewart McKelvey Newsletter – Nova Scotia Teachers Union & Government – a synopsis

March 7, 2017

Peter McLellan, QC & Richard Jordan Introduction On February 21, 2017 the Nova Scotia Government passed Bill 75 – the Teachers’ Professional Agreement and Classroom Improvement (2017) Act. This Bulletin will provide some background to what is, today,…

Read More

Scotia Mortgage Corporation v Furlong: The Supreme Court of Newfoundland and Labrador weighs in on the former client rule in commercial transactions

March 1, 2017

Bruce Grant, QC and Justin Hewitt In the recent decision of Scotia Mortgage Corporation v Furlong1 the Supreme Court of Newfoundland and Labrador confirmed that where a law firm acts jointly for the borrower and lender in the placement…

Read More

The Ordinary Meaning of Insurance: Client Update on the SCC’s Decision in Sabean

February 21, 2017

The Supreme Court of Canada released its decision in Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 at the end of January, finally answering an insurance policy question that had divided the lower…

Read More

Client Update: Outlook for the 2017 Proxy Season

February 8, 2017

In preparing for the 2017 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to, and interactions with, your shareholders. This update highlights what is new…

Read More

Client Update: The Future of Planning and Development on Prince Edward Island – Recent Amendments to the Planning Act

January 23, 2017

Perlene Morrison and Hilary Newman During the fall 2016 legislative sitting, the Province of Prince Edward Island passed legislation that results in significant changes to the Planning Act. The amendments received royal assent on December 15, 2016 and…

Read More

Plaintiffs’ medical reports – disclosure obligations in Unifund Assurance Company v. Churchill, 2016 NLCA 73

January 10, 2017

Joe Thorne1 and Justin Hewitt2 In Unifund Assurance Company v Churchill,3  the Newfoundland and Labrador Court of Appeal considered the application of our rules of court and the common law as they relate to disclosure of documents produced in…

Read More

Search Archive


Scroll To Top