Business Immigration to Canada: 3 Alternatives to the Startup Visa

Melissa Godmer
Toronto

Canada has long been an attractive destination for entrepreneurs and business owners looking to expand their presence into North America. While the Start-Up Visa (SUV) program has garnered much attention in the last few years, several other business immigration pathways are available.

Since the Canadian government limited the number of SUV applicants per designated body to ten a year, making the program more competitive (and expensive), investors have begun looking for other options.

Luckily, Canada’s comprehensive immigration framework boasts alternatives that can be equally effective in helping foreign nationals establish or grow their businesses in the Great White North.

C-11 Entrepreneur Work Permit

Canada designed the C-11 Entrepreneur Work Permit for individuals who wish to establish or purchase a business in Canada. The primary criterion for this program is to present a viable business idea that can significantly contribute to the Canadian economy.

Eligibility criteria:

• Demonstrate a viable business plan that provides significant benefits to Canada.
• Own at least 50% of the business in Canada.
• Have sufficient financial resources to establish or purchase a business in Canada.
• Show relevant business experience and the ability to operate the business successfully.

Benefits:

• No requirement for a letter of support from a designated organization.
• No Labour Market Impact Assessment (LMIA) is required.
• Flexibility in the types of businesses that applicants may establish.
• Approximate processing time of 3 to 6 months (Processing varies depending on the visa office responsible for your country).

C-12 Intra-Company Transferees Work Permit

The C-12 program allows foreign companies to transfer key employees or executives to their Canadian branch, subsidiary, or affiliate. This is ideal for expanding operations in Canada using existing global talent.

Who Can Apply for the ICT Program?

• Business owners, entrepreneurs, and shareholders of successful companies currently holding executive positions who intend to do similar work in Canada.
• Senior managers and functional managers currently working in a foreign company who intend to occupy a similar position in Canada.
• Key employees with advanced specialized knowledge that is unique or uncommon.

Eligibility criteria:

• The employee must have been working for the foreign company for at least one year in the three years preceding the application.
• The employee must transfer to a similar position in Canada, typically as an executive, senior manager, or a specialized knowledge worker.
• The Canadian business must be a foreign company’s parent, subsidiary, or affiliate.
• The home company must be financially stable and capable of supporting its foreign operations in Canada.

Benefits:

• No investment threshold is required.
• No Labour Market Impact Assessment (LMIA) is required.
• Approximate processing time of 3 to 6 months (Processing varies depending on the visa office responsible for your country).

Potential to apply for permanent residency

If you have been working in Canada as a business owner for at least 12 months and are actively involved in your enterprise, you might qualify to apply for permanent residence through the Express Entry (EE) program under the Federal Skilled Worker stream.

Ownership of an active business in Canada can potentially earn you an additional 200 points for arranged employment in the EE system if your business meets specific requirements.

Provincial Nominee Programs (PNPs)

Canada also offers tailored pathways for entrepreneurs and business owners to immigrate to specific provinces. Each province and territory operates its own PNP with unique criteria and streams designed to attract business talent that aligns with local economic needs and priorities.

The PNPs’ diversity makes them more complex than a standard federal program. Each province will focus on business sectors, human capital requirements, and capital requirements that fit into its overarching economic plan.

Each province has its minimum investment amount, minimum net worth threshold, expertise and educational criteria, and English proficiency requirements.

The PNPs may be difficult to understand in unison, but breaking down each province’s program highlights the true flexibility of Canada’s business immigration system. Investors can determine which PNP suits them best, and they can even send an Expression of Interest (EoI) to multiple PNPs, but they can only fully apply to one.

PNPs do have a pathway to permanent residency. Each province “nominates” successful applicants to the federal government for permanent residence after the investors complete a set of agreed upon rules. These provincial programs add to the rich tapestry of Canadian business immigration programs and provide more alternatives to the SUV.

A wealth of active investment programs

While the Start-Up Visa Program remains a valuable choice, the recent limitations on letters of support have made it more competitive and expensive, creating a niche market for entrepreneurs.

Therefore, exploring alternatives like the C-11 Entrepreneur Work Permit, the C-12 Intra-Company Transferees Work Permit, and Provincial Nominee Programs can provide viable pathways to achieving business goals in Canada.

These pathways can also lead to permanent residency for the entrepreneur and their immediate family members (spouse or common-law partner and children under the age of 22).

It’s important to note that Canada does not offer a passive investor route; the government requires active involvement in the business. Prospective applicants must ensure they have the financial capacity to invest and the commitment to participate actively in their business’s development.

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