Immigrating as a Business Person

FAQs

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Investor Category

• When must I commit my investment?
  
  You can make your $400,000 payment any time after you have submitted your immigration application. The investment must be made before an immigrant visa can be issued. If you have not done so and your visa is ready, you will be notified by a visa officer that your immigration application has met all requirements other than the investment. You will then have 30 days to make the payment.
  
  
• What forms must be completed to enable me to make the $400,000 payment?
  
  You must read the Subscription Agreement (http://www.cic.gc.ca/english/pdffiles/pub/busagr-e.pdf), an important document describing your rights and responsibilities as an investor. Send two signed copies with your payment. The visa office will send you these documents if you have met all immigration requirements except for payment.
  
  
• Do I need to send a receipt to the Business Immigration Centre to show that I have made the payment?
  
  No, when your payment has cleared processing in Canada, Citizenship and Immigration Canada in Ottawa will notify the visa office so that your visa can be issued. CIC in Ottawa will also return one executed copy of your Subscription Agreement to you.
  
  
• Can I borrow all or part of the $400,000?
  
  Yes, financing is permissible. It is your responsibility to make these arrangements, but CIC will confirm any security arrangements with your lender at its request.
  
  
• Can I make any kind of investment in Canada in order to qualify?
  
  No. To qualify for immigration as an investor, $400,000 Canadian dollars must be paid to the Receiver General for Canada. There are no other investment options, other than Quebec's immigrant investor program, which is only available to immigrants intending to reside in Quebec.
  
  
• How will my investment be used in Canada?
  
  The money CIC receives is allocated to provincial and territorial funds according to an allocation formula. Investors will be informed of the share of their investment allocated to each province and territory via a "Promissory Note" prepared and delivered by CIC. Provincial funds and territorial funds will use investment for economic development and job creation.
  
  
• Is my investment guaranteed?
  
  Yes, immigrant investors will be repaid the full $400,000 of their investment. The investment is fully guaranteed by provinces and territories that participate in the program.
  
  
• When will my investment be returned?
  
  CIC will repay an investor's $400,000 (without interest) in five years. The exact date of repayment depends on when the $400,000 is received by CIC. At the latest, the amount would be returned 5 years and 3 months from the date of payment.
  
  
• What do you mean when you say that my minimum personal net worth must be accumulated "by my own endeavours""?
  
  You must have earned the minimum personal net worth amounts of $800,000 Canadian dollars through your business and investment activities. Monies that are received as inheritances and gifts do not qualify as personal net worth under this program.
  
  
• How do I prove my qualifications and net worth to the visa officer?
  
  You must show documents proving that:
  
  You have successfully operated, controlled or directed a business. Many applicants use documents such as business registration documents, tax records, partnership agreements, company annual reports or financial statements for this purpose;
  
  You have accumulated, by your own endeavours, a personal net worth of at least $800,000 Canadian dollars. You may be required to submit bank statements or certificates, property deeds, business valuations, share certificates or similar documents for this purpose. You will be asked to explain any ambiguities, inconsistencies, shortcomings or gaps in these documents in an interview with a visa officer.
  
  
• Are there "terms and conditions" imposed on immigrant investors?
  
  Investor visas normally do not include "terms and conditions". Investors, however, are expected to commit their $400,000 payment for a five-year period. They should also contribute to the Canadian economy by using their business skills in Canada.
  
  
• When can I withdraw my money?
  
  If your visa has been issued, your investment is, by law, locked in for five years.
  
  
• What happens to my investment if my immigration application is refused?
  
  You must request reimbursement of your money in writing. The visa office will provide the address in Canada in your refusal letter. Your money will be returned 90 days after your request is received.
  
  
• What are the major changes in the Redesigned IIP (Immigrant Investor Program) as of April 1, 1999?
  
  • Investment is increased to $400,000 Canadian dollars for all investors;
  • Investor's minimum net worth increased to $800,000 Canadian dollars;
  • Investor's $400,000 is fully guaranteed;
  • All investors in the Quebec program must intend to settle in Quebec and be selected by Quebec to be eligible for an immigrant visa.
  
  
• Do the April 1, 1999, changes affect the Quebec Program?
  
  Quebec harmonized their program by incorporating the $400,000 investment amount and the $800,000 net worth requirement. To be eligible for an immigrant visa, all investors in the Quebec program must be selected by and intend to settle in Quebec. A Certificat de sélection du Québec (CSQ) will be required.
  
  

Entrepreneur Category

• How much money must I have to qualify as an entrepreneur?
  
  Entrepreneurs require enough money, transferable to Canada, to start a business in Canada. The system is flexible so that applicants who do not have a comparatively high net worth may qualify. They must show by their qualifications, experience, and business plans that they intend to and are able to establish a business. This business must bring significant economic benefits to Canada. The ability to meet this test, not the amount of money you have, is the determining factor.
  
  
• I have never owned a business. Does that count against me?
  
  While experience in owning a successful business certainly helps your chances of meeting the entrepreneur definition, it is not essential. You should, however, be able to show significant business management experience and potential to qualify.
  
  
• How do I prove my qualifications and experience to the visa officer?
  
  The Checklist found in the Application Kit for Business Class /Section Three: Visa Office Specific Instructions/Appendix C explains the types of documents you must produce. The officer will ask you to explain any ambiguities, inconsistencies, shortcomings, or gaps in these documents during a personal interview.
  
  
• Must I submit a detailed business plan with my application?
  
  No. Selection is based on the qualities of the applicant, not on the business proposal. You must simply submit a brief outline of the type of business you propose to establish and your general plans for operating it. The visa officer may ask additional questions about your business plans to help assess your ability to meet the definition of an entrepreneur.
  
  
• What role do provincial governments have in the entrepreneurial immigration process?
  
  Except for Quebec, provincial officials are not directly involved. Visa officers representing the federal government make the final selection decision on all applications of persons not intending to live in Quebec. However, most provinces are eager to meet with prospective entrepreneurial applicants to provide guidance, counselling, and information about their business development needs and assistance programs. We suggest that you contact provincial officials before any planned visit to Canada.
  
  
• Must I make an exploratory visit to Canada before submitting my application?
  
  An exploratory visit is not a requirement, but many applicants find one beneficial. Such a visit gives you a chance to meet with provincial officials and learn first-hand about living and doing business in Canada. (You may need a visitor visa to travel to Canada for an exploratory visit. Contact the visa office for more information.)
  
  
• What is the British Columbia Business Immigration Pilot project?
  
  The province of British Columbia (B.C.) offers two useful seminars, in a variety of languages, for immigrant entrepreneurs (visit http://www.ei.gov.bc.ca/immigration). The first seminar provides information on starting a business and settling in B.C. It is helpful to applicants before they immigrate. The second seminar helps entrepreneurs already in Canada in business establishment. The main objective of the pilot project is to encourage applicants destined to British Columbia and entrepreneurs already in that province to attend these seminars.
  
  
• How do the conditions imposed on entrepreneurial immigrants affect me once I am in Canada?
  
  The "terms and conditions" described in this guide will be printed on your visa and must be met within two years of your admission to Canada. During this period, you must report to immigration officials in Canada at regular intervals. Details on the reporting process will be provided with your immigrant visas. Your status or rights as a permanent resident are not affected by these terms and conditions during the two-year period. However, if you fail to meet the requirements by the end of two years, you and your dependents could lose your permanent resident status.
  
  
• Can I have these "terms and conditions" removed?
  
  Once you have satisfied immigration officials in Canada, through the reporting process described above, that you have complied with the terms and conditions, they will be removed. This can be done any time during the two-year period.
  
  
• May I change my plans for my business venture after I arrive in Canada?
  
  You may do so but you should check with immigration officials first, to ensure that the new venture meets the terms and conditions of your permanent resident visa.
  
  
• What if I am unable to meet these "terms and conditions"?
  
  Contact immigration officials as soon as you think you may have trouble meeting the terms and conditions. If you are making a genuine effort to comply, they are prepared to be flexible. If you do not appear to be making a genuine effort, you and your dependents may be ordered to leave Canada.
  
  

Self-employed Category

• How much money must I have to qualify as a self-employed person?
  
  Self-employed persons need enough money, transferable to Canada, to realize employment plans that contribute substantially to Canada's economy or its artistic and cultural life. They must also have enough money to support themselves and any accompanying family until their self employment income is adequate for this purpose. As well, visa officers assess applicants' qualifications, experience, and business plans to ensure they can establish a business that contributes significantly to Canada's economy or its artistic or cultural life.
  
  
• I have never owned a business. Does that count against me?
  
  While experience in owning a successful business certainly helps your chances of meeting this definition, it is not essential. You should, however, demonstrate your ability to support yourself and any accompanying family from your self-employment income.
  
  
• How do I prove my qualifications and experience to the visa officer?
  
  The Checklist found in the Application Kit for Business Class/Section Three: Visa Office Specific Instructions/Appendix C explains what documents you must produce to prove that you meet the definition of self-employed. A visa officer will ask you to explain any ambiguities, inconsistencies, shortcomings, or gaps in these documents in an interview.
  
  
• Are conditions imposed upon admission to Canada?
  
  "Terms and conditions" are not imposed on self-employed immigrants. These immigrants are, however, expected to use their talents and abilities in Canada to create employment for themselves.
  
  
• Must I submit a detailed business plan with my application?
  
  No. Selection is based on the qualities of the applicant, not on the business proposal. You must simply submit a brief outline of the type of business you propose to establish in Canada and your general plans for operating it. The visa officer may ask additional questions about your business plans to help assess your ability to meet the definition of self-employed.
  
  
• What types of businesses or professions does Canada accept in the self-employed category?
  
  Canada benefits economically or culturally from many kinds of ventures. That is why the system is flexible. We often receive inquiries from persons whose occupations are not currently on the General Occupations List (see our Guide for Independent Class) for independent immigrants, wanting to know if they could qualify by applying in the self-employed category. Some of the more frequent examples are lawyers, doctors, nurses, and dentists. However, in most cases, occupations are not on the list because Canada has an oversupply of these individuals. It would be extremely difficult for applicants in these professions to demonstrate that they would significantly contribute to the economy.
  
  
• Are the requirements of the Province of Quebec for business applications different from those of Canada?
  
  The Province of Quebec has its own criteria for assessing business applications, which may differ from those described in this document.
  
  

About the Application

• What fees must I pay?
  
  Your sponsor must pay a Cost Recovery (CR) fee to pay for the processing of your application. The CR fee is non-refundable, even if your application is refused. The Right of Landing Fee (ROLF) is required of every adult aged 19 or over in your family but, unlike the CR fee, is refundable if an Immigrant Visa is not issued or used, or if you withdraw your application. The ROLF can be paid at any time during the application process, but must be paid before an Immigrant Visa can be issued. The ROLF must be paid to the same office where your sponsor paid the CR fee. You will also have to pay other fees such as those related to obtaining a medical examination and a police certificate. (Note: CR and ROLF are not applicable to non-accompanying family members, or to family members who are already permanent residents of Canada.)
  
  
• Who is included in my application?
  
  If you are married, your spouse should be included as a dependent. You must also include on your application all dependent children whether they are accompanying you to Canada or not. (See Important Words to Know for a definition of "dependent children".) Your dependents must undergo and pass background checks and medical examinations. All dependents 18 years of age or over must complete their own individual application form.
  
  
• If I have children from a previous relationship, must I list them on my application form if they do not live with me?
  
  Yes, you should list these children (see Important Words to Know) on your application form even if they will not be accompanying you. You must also use the Additional Family Information form (IMM 5406) to provide details of all your sons and daughters, including adopted children and stepchildren. Where custody arrangements have been made, you should provide copies of the custody documents.
  
  
• What about my dependents who will not accompany me to Canada?
  
  All of your dependents, whether they will accompany you to Canada or not, must be included in Part A - Personal Details of your Immigrant Application Form (Application for Permanent Residence in Canada) IMM 0008. In addition, each dependent 18 or over, must complete his/her own application form. All of your dependents, whether they will accompany you to Canada or not, must pass medical examinations and background checks.
  
  
• Should I pay someone to complete my forms and advise me on my application?
  
  The kit should provide you with all the information you need to complete your forms and it should not be necessary to pay anyone to assist you. However, should you do so, this will be a private arrangement between you and that person and does not affect the processing of your application by the visa office.
  
  
• What happens if I cannot fit all the information on the application form?
  
  You should complete the form by typing or printing clearly and you must sign your application form. If you need more space to answer any questions, attach separate pages. When you have signed the form, it becomes a legal document and the information you have provided must be truthful, complete and correct. It is an offence under the Immigration Act knowingly to make a false or misleading statement. If any information changes before you arrive in Canada, you must inform in writing the visa office to which you applied. This is true even if your visa has already been issued.
  
  
• Do I need a passport or travel document?
  
  You and your dependents must have valid passports or travel documents. If any of the documents are to expire soon, you should renew them. Diplomatic, official, service or public affairs passports cannot be used to immigrate to Canada. You must have a valid regular or private passport when you arrive. The validity of your visa may be affected by the validity of your passport.
  
  
• Must I or other members of my family attend an interview?
  
  A visa officer will review your application and decide if an interview is necessary. If so, you will be informed of the time and place. Your spouse and dependent children aged 18 or over may be asked to accompany you to the interview. The visa officer may ask about your job, work experience, education, reasons for migrating, plans and preparations. The officer may also ask about your family, spouse and/or dependents, or about your health, financial situation, or past difficulties with the law. There may also be questions to determine your ability to settle successfully in Canada.
  
  
• For how long is my Immigrant Visa valid?
  
  The validity date is based upon the earlier of: your or your dependents' passport validity date(s), or the medical validity date(s). Medical examination results are valid for 12 months after the initial medical examination. Immigrant visas cannot be extended once issued. If applicants do not use the visas within their validity, they must reapply for immigration to Canada.
  
  

About the Medical Examination

• Is there a medical requirement for immigrating to Canada?
  
  Yes, you and your dependents, whether accompanying you or not, must undergo and pass a medical examination. To pass the medical examination you and your dependents must not have a condition that is a danger to public health or safety or would cause excessive demand on health or social services in Canada.
  
  
• Will I receive a copy of the medical report and the result of the medical examination?
  
  All medical reports and X-rays for the Immigration Medical Examination become the property of the Canadian Immigration Medical Authorities and cannot be returned to the applicant. The designated medical practitioner (DMP) will not advise you of the results of the medical. However, he/she will advise you if you have a health-related problem. The visa officer and not the DMP makes the final decision on whether or not a medical examination has been passed for immigration purposes. The visa office will inform you in writing should there be a problem with your medical examination.
  
  
• For how long is the medical examination valid?
  
  The medical examination is valid for twelve (12) months from the date of the first medical examination. If your visa is not processed in this time, you must undergo another complete medical examination.
  
  
• Must everyone in my family have a medical examination?
  
  Yes. All of your dependents who are not already permanent residents or Canadian citizens, whether they will accompany you to Canada or not, must undergo a medical examination.
  
  
• Can my own doctor do the medical examination?
  
  No. A physician on Canada's list of DMPs must do the examination.
  
  
• My children are studying abroad and cannot return home for their immigration medical examination for another six months. I do not want to delay my application. What should I do?
  
  Whenever possible, the same DMP should perform the medical examination of all family members. If this is not possible, advise the visa office that your dependents are abroad and the visa office will arrange to have their medical examinations done by a DMP closer to their place of study. The visa office will forward a copy of the Medical Report: Section A, Client Identification & Summary (IMM 1017) to them, with the addresses of their nearest DMP. The visa office will fill in the tombstone data and affix a photograph of your dependent to the form.
  
  The Visa Office & Number section of this form (IMM 1017) must have the name of the visa office where your application is being processed. The DMP doing the medical examination of your dependents must also forward their complete medical reports to the same Canadian medical office that received your report. Your dependents' medical examination reports will be matched with your file, as the medical report form will carry your file number.
  
  Note: Medical instructions will normally be sent to you after you submit your application to the visa office.
  
  
• I do not understand "excessive demand" or whether my ailment would place an excessive demand on Canada's health or social services. Can you tell me more?
  
  This term refers to the significant burden placed on Canada's health or social services due to ongoing hospitalization or medical, social or institutional care for physical or mental illnesses, or special education or training. Individuals may be denied admittance to Canada due to the high costs of their care.
  
  The factors considered during the medical assessment include whether or not hospitalization or medical, social or institutional care are required and whether potential employability or productivity could be affected. For example, a person with a serious disease or psychiatric disorder requiring ongoing care or hospitalization may be inadmissible because their requirements would place "excessive demand" on the Canadian health-care system. Individuals with developmental delay or congenital disorders who require special education or training to lead an independent life may also be inadmissible. Other conditions which could place a significant financial burden on Canada's health or social services would also render an applicant medically inadmissible.
  
  
• Can the DMP advise me regarding my application?
  
  No. The DMP is only responsible for conducting a medical examination in accordance with Canada's immigration requirements. The DMP cannot provide any advice on the immigration process.
  
  

Upon Arrival

• What happens when I arrive in Canada?
  
  When you arrive, you must present your Immigrant Visa to a Canadian customs or immigration officer at your first port of entry. The officer will check your visa and travel document and ask you questions similar to those on the Immigration Application Form (IMM 0008) to verify that you are of good character and in good health. If there are no difficulties, the officer will authorize your admission to Canada as a permanent resident.
  
  
• What settlement services are available?
  
  Canada's settlement services are limited. You can learn about them from Canada Immigration Centres, Human Resources Development Canada Centres and private organizations.
  
  
• After obtaining permanent resident status in Canada, what if I need to return to my country to settle my affairs?
  
  Permanent residents may leave and re-enter Canada as often as they wish, as long as they spend less than six months in any 12-month period outside Canada. If permanent residents are out of Canada for more than six months in any 12-month period, they will require a Returning Resident Permit to re-enter Canada. While such permits can be applied for either in Canada or overseas, they can only be applied for after you have become a permanent resident.
  
  
• Your Rights and Obligations as a Permanent Resident of Canada
  
  You and your dependents have the right to live, study and work in Canada for as long as you remain permanent residents, and are entitled to most social benefits accorded to Canadian citizens. When you have met citizenship requirements, you may apply for Canadian citizenship and a Canadian passport.
  
  There are a few limitations on permanent residents:

  • You cannot vote in certain elections.
  • You may be ineligible for certain jobs requiring high-level security clearances.
  • As a permanent resident, you also have the same legal obligations as Canadians, such as paying taxes and respecting other laws.
  • If you or your dependents commit serious crimes, you or your dependents risk being deported from Canada.

  
  
  You remain a permanent resident until you become a Canadian citizen or abandon Canada as your place of residence. You may be considered to have abandoned Canada if you have frequent and/or lengthy absences from the country. If you travel to Canada to present your Immigrant Visa to obtain permanent residence and then return to live in your home country indefinitely, you will lose your permanent resident status.
  
  Note:
  
  1. Application kits may be revised several times each year. The criteria described in the kits were valid on the day the kits were made available to you. Applications received after any changes occur may be assessed against the new criteria.