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Business Class
The Business Immigration Program seeks to attract
experienced business people to Canada who will support
the development of a strong and prosperous Canadian
economy. Business immigrants are expected to make a
$400,000 investment or to own and manage businesses in
Canada.
Each application can be made for only one class and
cannot be changed once the application is submitted. The
criteria you must meet to qualify are different for each
class.
Canada has three classes of business immigrants:
1.
Investors
2.
Entrepreneurs
3.
Self Employed
Another effective program available when obtaining
Permanent Residency status in Canada is the Immigrant
Investor Program.
Unlike with entrepreneurs, the Immigrant Investor
Program is ideal for those who want to immigrate to
Canada but do not want to have conditions attached to
the Permanent Residence Visa once issued.
In order to be eligible for the Immigrant Investor
Program an individual must:
1. Have a jointly owned Net - Worth of CDN $400,000
anywhere in the World.
2. Have at least 3 years of managerial experience.
3. Invest non-refundable $ 110,000.
"Entrepreneur"
means a foreign national who:
1. Has business experience
2. Has a legally obtained minimum net worth
3. Provides a written statement to an officer that they
intend to and will be able to meet the conditions
referred to in subsections 98.(1) to (5):
98. (1) An entrepreneur who becomes a permanent resident
must meet the following conditions:
a) The entrepreneur must control a percentage of the
equity of a qualifying Canadian business equal to or
greater than 33 1/3 per cent;
b) The entrepreneur must provide active and ongoing
management of the qualifying Canadian business; and
c) The entrepreneur must create at least one incremental
full-time job equivalent for Canadian citizens or
permanent residents, other than the entrepreneur and
their family members
(3) The entrepreneur must meet the conditions for a
period of at least one year within the period of three
years after the day on which the entrepreneur becomes a
permanent resident.
(4) An entrepreneur who becomes a permanent resident
must provide to an officer evidence of compliance with
the conditions within the period of three years after
the day on which the entrepreneur becomes a permanent
resident.
(5) An entrepreneur must provide to an officer, not
later than six months after the day on which the
entrepreneur becomes a permanent resident, their
residential address and telephone number; and during the
period beginning 18 months after and ending 24 months
after the day on which the entrepreneur becomes a
permanent resident, evidence of their efforts to comply
with the conditions.
"Business experience" means
in respect of an entrepreneur, the management of a
qualifying business and the control of a percentage of
equity of the qualifying business for at least two years
in the period beginning five years before the date of
application for a permanent resident visa and ending on
the day a determination is made in respect of the
application
"Net worth" means
In respect of an entrepreneur, means the fair market
value of all of the assets of the entrepreneur and their
spouse or common-law partner minus the fair market value
of all of their liabilities
"Minimum net worth" means
1. In respect of an entrepreneur, CDN $300,000.
2. In respect of an entrepreneur selected by a province,
the minimum net worth required by the laws of the
province.
"Qualifying Canadian business" means
A business operated in Canada by an entrepreneur --
other than a business primarily for the purpose of
deriving investment income, such as interest, dividends
or capital gains -- for which there is in any year
within the period of three years after the day the
entrepreneur becomes a permanent resident documentary
evidence of any two of the following:
a) The percentage of equity multiplied by the number of
full time job equivalents is equal to or greater than
two full-time job equivalents per year;
b) The percentage of equity multiplied by the total
annual sales is equal to or greater than CDN $250,000;
c) The percentage of equity multiplied by the net
income in the year is equal to or greater than CDN
$25,000; and
d) The percentage of equity multiplied by the net
assets at the end of the year is equal to or greater
than CDN $125,000
"Full-time job equivalent" means
1,950 hours of paid employment.
"Net assets" means
In respect of a qualifying business or a qualifying
Canadian business, means the assets of the business,
minus the liabilities of the business, plus shareholder
loans made to the business by a foreign national and
their spouse or common-law partner
"Net income" means
In respect of a qualifying business or a qualifying
Canadian business, the after tax profit or loss of the
business plus remuneration by the business to a foreign
national and their spouse or common-law partner
"Percentage of equity" means
1. in respect of a sole proprietorship, 100 per cent of
the equity of the sole proprietorship controlled by a
foreign national or their spouse or common-law partner
2. in respect of a corporation, the percentage of the
issued and outstanding voting shares of the capital
stock of the corporation controlled by a foreign
national or their spouse or common-law partner
3. in respect of a partnership or joint venture, the
percentage of the profit or loss of the partnership or
joint venture to which a foreign national or their
spouse or common-law partner is entitled.
SELF EMPLOYED
As a Self Employed person, you must have relevant
experience in cultural activities, athletics or farm
management. You must also have the intention and ability
to establish a business that will, at a minimum, create
an employment opportunity for yourself. You must make a
significant contribution to cultural activities or
athletics or purchase and manage a farm in Canada.
Conditions of permanent residence are not imposed on
Self Employed persons. You must have enough money to
support yourself and your family members after you
arrive in Canada.
Regulatory Requirements
"Self Employed person" means
A foreign national who has relevant experience and has
the intention and ability to be Self Employed in Canada
and to make a significant contribution to specified
economic activities in Canada
"Relevant experience" means
In respect of a Self Employed person, at least two
years of one of the following types of experience in the
period beginning five years before the date of
application for a permanent resident visa and ending on
the day a determination is made in respect of the
application, namely:
a) Self-employment in cultural activities or in
athletics
b) Participation at a world-class level in cultural
activities or athletics
c) Farm management experience
"Specified economic activities" means
in respect of a Self Employed person means cultural
activities, athletics or the purchase and management of
a farm.
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