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


 
 

Bill C-365 calls for plan for implementation of open banking in Canada

November 17, 2023

By Kevin Landry On November 9 2023, Bill C-365, An Act respecting the implementation of a consumer-led banking system for Canadians (“C-365”), short titled as the ‘Consumer-led Banking Act’ was read in the House of…

Read More

More limits: NSCA tightens the test for disallowing a limitations defence

November 15, 2023

By Jennifer Taylor The Nova Scotia Court of Appeal (“NSCA”) has issued an important decision clarifying the test to disallow a limitations defence. The decision, Halifax (Regional Municipality) v Carvery (“Carvery”), has real implications for personal…

Read More

Anticipating changes to the Competition Act: what businesses need to know

November 1, 2023

By Deanne MacLeod, K.C., Burtley Francis & David Slipp On September 21, 2023, the Federal Government introduced Bill C-56: An Act to amend the Excise Tax Act and the Competition Act (“Bill C-56”), with the…

Read More

Powering the future: Green choice program regulations

September 22, 2023

By Nancy Rubin, K.C. and Lauren Agnew The long-awaited Green Choice Program Regulations (N.S. Reg. 155/2023) were released by the provincial government on September 8, 2023, offering some clarity into the practical implementation of Nova…

Read More

Privilege protected: Court of Appeal rules NL’s Information and Privacy Commissioner barred from reviewing solicitor-client privileged information

September 20, 2023

By Koren Thomson, John Samms, and Matthew Raske The Newfoundland and Labrador Court of Appeal has held that the Information and Privacy Commissioner for this province (the “Commissioner”) does not have the authority to order…

Read More

Amendments required for Prince Edward Island code of conduct bylaws

September 18, 2023

By Perlene Morrison, K.C. Municipalities are required to pass code of conduct bylaws in accordance with section 107 of the Municipal Government Act (the “MGA”). Subsection 107(1) of the MGA specifically states that a municipality’s…

Read More

Professionally speaking: Ontario Superior Court upholds professional regulators’ right to moderate speech

September 14, 2023

By Sheila Mecking and Kathleen Starke On August 23, 2023, the Ontario Superior Court (“ONSC”) upheld a complaints decision which ordered a psychologist to complete a continuing education or remedial program regarding professionalism in public…

Read More

One-year reminder for federal employers: Pay equity plans due September 3, 2024

September 5, 2023

By Dante Manna As we advised in a previous podcast, all federal employers with at least ten employees[1] have been subject to the Pay Equity Act [2] (“PEA”) and Pay Equity Regulations [3] (“Regulations”) since…

Read More

Charging to net-zero: Government releases draft Clean Electricity Regulations

August 23, 2023

By Nancy Rubin, K.C. Environment and Climate Change Canada (ECCC) recently published a draft of the Clean Electricity Regulations (CER). The proposed Regulations work toward achieving a net-zero electricity-generating sector, helping Canada become a net-zero…

Read More

Supreme Court of Newfoundland and Labrador rejects developer’s constructive expropriation claim

August 18, 2023

By Stephen Penney & Matthew Raske In the recent decision Index Investment Inc. v. Paradise (Town), 2023 NLSC 112, the Supreme Court of Newfoundland and Labrador validated the Town of Paradise’s decision to rezone lands…

Read More

Search Archive


Scroll To Top