Business Immigration

 At CanWise Law, our priority is to ensure the highest success rate for our clients.  We believe that a practical approach, focusing our efforts on a select range of business immigration categories, is the most effective way to achieve this.   We currently focus on the following programs:  

The Saskatchewan Entrepreneur Program (SINP) is a well-structured pathway for businesspersons who aim to start, own, or partner in a business in Saskatchewan. This program evaluates candidates on various factors, including age, business experience, net worth, and the nature of the proposed business, using a Points Assessment Grid. It's important to note that meeting the minimum eligibility criteria does not guarantee an Invitation to Apply, as candidates are selected based on their scores in the points-based system. 

The program is centered on a series of sequential steps:

• Expression of Interest (EOI): Interested candidates must submit an EOI to the SINP, which is an indication of their interest in operating a business and residing in Saskatchewan. This EOI includes information about the applicant's experience, assets, and a Business Establishment Plan (BEP).
• Eligibility and Points Assessment: To submit an EOI, applicants must meet certain eligibility criteria, such as having a minimum net worth of CAD 500,000, at least three years of relevant business management or entrepreneurial experience in the past ten years, and a plan to invest a minimum of CAD 300,000 in Regina and Saskatoon, or CAD 200,000 in other Saskatchewan communities.
• Business Performance Agreement (BPA): After a successful EOI assessment, candidates are sent a BPA to review and sign. This agreement outlines the terms and conditions of the business operation in Saskatchewan.
• Temporary Work Permit (TWP): Once the BPA is signed, SINP issues an Entrepreneur Approval Letter, following which applicants can apply for a TWP to Immigration, Refugees and Citizenship Canada (IRCC). This permit is necessary to start and operate the business in Saskatchewan.
• Business Establishment and Operation: Applicants are required to establish or purchase their business in Saskatchewan and actively manage it. For a new business in Regina or Saskatoon, creating two employment opportunities for Canadians or permanent residents (not family members) is mandatory.
• Application for Nomination: After running the business for at least 6 months, candidates can apply for nomination through the SINP Online System.
• Permanent Residence Application: Following a successful nomination, applicants receive instructions on how to apply for permanent residence to IRCC.

• LMIA application
• ICT (Intra-Company Transfer) Work Permit 
• C11/C12 Work Permit

The Ontario Entrepreneur Stream (OINP) is a key pathway for experienced business owners and senior managers who aim to establish or acquire a business in Ontario. This program forms part of the Ontario Immigrant Nominee Program (OINP) and is geared towards supporting entrepreneurs with the necessary skills, experience, and business plans to succeed in Ontario. This program offers a beneficial opportunity for entrepreneurs looking to contribute to Ontario’s economy and in return, offers a pathway to Canadian permanent residency.

Key aspects of the Ontario Entrepreneur Stream include:

1. Eligibility Criteria:

• Applicants must have a net worth of at least CAD 800,000 if starting a new business in the Greater Toronto Area (GTA), CAD 400,000 if outside the GTA, or CAD 400,000 if buying and growing an existing business in any region of Ontario.
• A detailed business plan supported by a feasibility study and a letter of support from a business development organization is required.
• The intention to create at least two full-time jobs for Canadian citizens or permanent residents.
• Minimum language requirements of Canadian Language Benchmark (CLB) Level 4 in all four language skills.

2.  Expression of Interest (EOI):

• Interested candidates must first submit an EOI through the OINP e-Filing Portal.
• After registering a profile, candidates are assigned a score based on the Ontario Entrepreneur Ranking System.
• Candidates with competitive scores will be invited to submit an official application.

3. Investment Requirements:

• The investment requirement varies depending on the location and type of the proposed business.
• For businesses within the GTA, a minimum personal investment of CAD 600,000 is required, and outside the GTA, it is CAD 200,000.
• The proposed business cannot be on the list of ineligible businesses.

4. Process and Benefits:

• After operating a business in Ontario for a minimum of 18 months, the entrepreneur may be nominated for permanent resident status.
• The processing time is relatively fast, with most applications processed within six months.
• Entrepreneurs can bring their spouse and dependent children with them.
• Once immigrated, they will be eligible for all social services and benefits available to Canadian citizens and permanent residents.

5. Residency Requirement:

• Applicants are required to reside in Ontario for at least 75% of the time while establishing their business.

 The Labour Market Impact Assessment (LMIA) application process in Canada is an essential step for employers seeking to hire foreign workers. As of April 2023, the Temporary Foreign Worker Program (TFWP) requires LMIA applications to be submitted online through the LMIA Online Portal.  

 The Intra-Company Transfer (ICT) program in Canada is a part of the International Mobility Program and allows multinational companies to temporarily transfer qualified employees to Canada. This program is beneficial for improving management effectiveness, expanding Canadian exports, and enhancing competitiveness in overseas markets. Work permits under the ICT program are exempt from needing a Labour Market Impact Assessment (LMIA).

The C11 Work Permit, part of Canada's International Mobility Program, is specifically designed for foreign entrepreneurs and self-employed individuals planning to start or operate a business in Canada. This permit is typically valid for two years and can be extended. It requires applicants to demonstrate a significant contribution to the Canadian economy, such as creating jobs for Canadians or introducing innovative products or services. Applicants must have a majority ownership in the Canadian business and provide a comprehensive business plan detailing their proposed business's potential impact.