Sunday, September 25, 2022

Application for Permanent Residence – Business Immigration Program – Start-up Business Class (IMM 5759)

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Overview

Application package

This application package has:

  • an instruction guide, and
  • the forms you need to fill out.

The instruction guide:

  • has information you must know before you submit your application, and
  • explains how to fill out the forms and gather your supporting documents.

Read the instruction guide completely and then fill out each of the applicable forms.

The forms are designed with questions that will help the processing of your application.


Symbols used in this guide

This guide uses these symbols to draw your attention to important information:

Required step

What you must do to have your application processed.

Important information

Important information that you need to know to avoid delays or other problems.

Get more information

Where to get more information.

Note: Tips that will help you with this application.


Before You Apply

Permanent Residence under the Business Immigration Program

The Business Immigration Program

Canada welcomes successful BUSINESS VISA FOR CANADA people who are seeking new opportunities and challenges. The Business Immigration Program is designed to encourage and facilitate the admission of these individuals. Both the federal and provincial/territorial governments welcome business immigrants and offer services to help immigrants start a business and settle in Canada.


This guide will help you to apply under the Start-up Business Class. Please read carefully the definitions and the instructions below.


Definitions

Start-up Business

A start-up business must be a new business intended to be operated in Canada which meets the criteria of a qualifying business, meaning that the new start-up business has received a commitment from:

  1. a designated angel investor group confirming that it is investing at least $75,000 in a qualifying business or two or more designated angel investor groups confirming that they are together investing a total of at least $75,000 in such a business;
  2. a designated venture capital fund confirming that it is investing at least $200,000 in a qualifying business or two or more designated venture capital funds confirming that they are together investing a total of at least $200,000 in such a business; or
  3. a designated business incubator confirming that it is accepting the applicant into its business incubator program.

Note: An investment is defined as “buying shares or other forms of equity in the applicant’s business” and therefore, convertible debt or convertible debenture is not permitted.

Designated Entity

An angel investor group/venture capital fund/business incubator designated by the Minister and eligible to issue commitments under the Start-up Business program.

Qualifying Business

A qualifying business meets the following requirements:

  • A corporation that is incorporated in and carrying on business in Canada is a qualifying business if, at the time the commitment is made, both of the following are true:
    • Each applicant holds 10% or more of the voting rights attached to all shares of the corporation outstanding at that time
    • Applicants and the designated entity jointly hold more than 50% of the total voting rights attached to all shares of the corporation outstanding at that time

In order to qualify for the Start-up Business Class, a business should be incorporated and carrying on business in Canada at the time the commitment is made. However, consideration will be made for a qualifying business whose incorporation is conditional upon the attainment of permanent residence by the applicant(s).

Commitment

A “commitment” is an agreement between the applicant and the designated entity to establish and incorporate a qualifying business in Canada. The designated entity must be one which appears in the list of designated private sector businesses. Proof and details of this agreement will be submitted in the form of a term sheet/client agreement along with the Commitment Certificate for the purposes of processing.

Qualified Participant

A person who has been issued a permanent residence document based on their application as a member of the Start-up Business class
Or

A designated angel investor group
Or

A designated venture capital fund.

Essential Person

A person who is considered to be essential to the business and who has been identified as essential by the designated angel investor group, venture capital fund or business incubator on the commitment certificate and Letter of Support. If the application for an essential person is refused for any reason, all other applications related to that commitment will also be refused.

Commitment

A term sheet/client agreement (Signed by the designated entity) in combination with a Commitment Certificate completed by an authorized member of the designated entity, binding the applicant to a designated entity. (See angel investor network, venture capital fund or business incubator above).

Commitment Certificate

A commitment sent electronically to IRCC from the designated angel investor group, venture capital fund or business incubator along with the term sheet/client agreement.

Letter of Support

A letter given to the applicant by the designated angel investor group, venture capital fund or business incubator which the applicant must include with their application.


Do you intend to reside in Quebec?

Individuals who intend to reside in Quebec are not eligible to apply under the Start-up Business Class. Under the Canada-Quebec Accord on Immigration, Quebec establishes its own immigration requirements and selects immigrants who will adapt well to living in Quebec. If you intend to come to Canada as a Quebec-selected permanent resident, you must first contact the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).

You may also consult the Quebec-selected skilled workers page for more information.


Stay informed

Selection criteria, requirements and other information for applicants can sometimes change. Please note that:

  • Applications will be processed according to the rules and regulations in effect at the time of the application. These may change at any time.
  • Our Apply to immigrate to Canada page contains the latest news, selection criteria updates and applications links. Check periodically for updated information.

Eligibility criteria

For your application to be eligible for processing, you must:

  • have received a Letter of Support from a designated entity
    and
  • meet the language requirements
    and
  • have sufficient settlement funds (transferable and available funds, free of debts or other obligations and excluding any investment made by a designated entity into their business)

Note: No more than five persons may be part of a single commitment from a designated business entity. If your commitment has more than one person related to the business proposal, an application for each person named in the Commitment Certificate must be received before final decisions will be made on any of the applications. The following information will help you determine if you meet the eligibility criteria indicated above.

The following information will help you determine if you meet the eligibility criteria indicated above.

Note: If you do not meet all of the criteria described above, do not submit an application under the Start-up Business Class, as your application will be refused. Check the other classes to see if you satisfy their eligibility criteria.

Important information. It is important that you make a careful assessment before you apply because certain fees, such as the processing fee, are non-refundable, even if your application is refused.


What are the requirements for applicants under the Start-up Business Class?

Your application to come to CANADA VISA FOR LITHUANIAN CITIZENS under the Start-up Business Class will be assessed on a pass/fail basis against three requirements. The three requirements are:

  • Requirement 1:  Commitment from a Designated Entity
  • Requirement 2:  Ability in English, in French or both
  • Requirement 3:  Settlement Funds

If you meet all three requirements indicated above, then you may qualify to immigrate to Canada under the Start-up Business Class.

Below are detailed descriptions of all the requirements that are to be assessed. Carefully review the following information and then decide if you want to apply under this class.


Requirement 1: Commitment from a Designated Entity

Private sector organizations demonstrate their support of your business idea by providing you with a Letter of Support which details the commitment they are willing to make towards your new business. They will send further details in the form of a Commitment Certificate directly to IRCC for assessment.

For your application to be eligible for processing, you must have received a Letter of Support from:

  • a designated angel investor group confirming that it is investing at least $75,000 in a qualifying business or two or more designated angel investor groups confirming that they are together investing a total of at least $75,000 in such a business, or
  • a designated venture capital fund confirming that it is investing at least $200,000 in a qualifying business or two or more designated venture capital funds confirming that they are together investing a total of at least $200,000 in such a business, or
  • a designated business incubator which confirms that it accepting a qualifying business into its program.

What to do with the Letter of Support once you have it?

You must include your Letter of Support with your application. If you do not, your application will be returned to you as incomplete.

Where to obtain a Letter of Support?

Consult the list of designated venture capital funds, angel investor groups and business incubators.

How long is the Letter of Support valid for?

Each Letter of Support is valid for a period of six months from the date it was issued. This means that we must receive your application for permanent residence under the Start-up Business Class within six months of the Letter of Support being issued.


Requirement 2: Ability in English, in French or both

The ability to communicate and work in one or both of Canada’s official languages is very important to you as a business immigrant. Proficiency in English, French or both will help you in the Canadian labour market.

You meet the language proficiency requirement for the Start-up Business Class if you have a level of proficiency of at least benchmark level 5 in either official language for all four language skill areas, as set out in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens.

You will be assessed on the following language skill areas:

  • listening,
  • speaking,
  • reading, and
  • writing.

You must provide proof of your language proficiency with your application.


Proof of language proficiency

For your application to be eligible for processing, you must include a copy of the results of one of the following language tests from a testing agency designated by IRCC with your application:

English

  • CELPIP: Canadian English Language Proficiency Index Program (General test only)
  • IELTS: International English Language Testing System (General Training test only)

French

  • TEF Canada: Test d’évaluation de français
  • TCF Canada: Test de connaissance du français

Note: If you do not submit a copy of the results of your official language proficiency test with your application to the Central Intake Office (CIO), your application will not be processed and will be returned to you as incomplete.

Your test results must not be more than two years old at the time that you submit your application.


Official language testing

To prove your language skills, you must take a language test given by an agency that is approved by IRCC, and include the results with your application.

In order to know which language tests we accept, please refer to the Language testing – Start-up Business page.


Requirement 3: Settlement funds (money required to settle in Canada)

The Government of Canada does not provide financial support to business immigrants.

You must also show that you have enough money to support yourself and your family after you arrive in Canada.

The money must be available to support the costs of living for yourself and your family. The amount is an estimate of what you would require to support yourself and your family without employment or other income. The funds must be:

  • available and transferable
  • free of debts or other obligations.

You cannot borrow this money from another person.

The amount of money you need to support your family is determined by the size of your family. These amounts are updated every year. Check the Proof of funds page to make sure you have the most recent information.

You must submit proof of settlement funds with your application. If you do not, your application will not be processed and will be returned to you as incomplete.

For proof of funds, you must get official letters from any banks or financial institutions where you are keeping money.

Letter(s) must:

  • be printed on the financial institution’s letterhead
  • include their contact information (address, telephone number and email address)
  • include your name
  • list outstanding debts such as credit card debts and loans
  • include, for each current bank and investment account:
    • account numbers
    • the date each account was opened
    • the current balance of each account
    • the average balance for the past six months

Sufficient funds are determined according to the applicant’s family size, including both accompanying and non-accompanying family members, using 50% of the current low income cut-off (LICO) for urban areas with populations of 500,000 or more.

We strongly recommend that you research the cost of living in the region of Canada where you intend to live. To make your establishment in Canada easier, bring as much money as possible with you to Canada.

You should be aware that Canadian legislation requires persons entering Canada to declare cash funds of $10,000 CDN or more. You will have to disclose these funds to a Canadian official upon arrival. Cash funds means:

  • money (coins or bank notes),
  • securities in bearer form (stocks, bonds, debentures, treasury bills, etc.), and
  • negotiable instruments in bearer form (bank drafts, travellers’ cheques, money orders, etc.).

Biometric (fingerprints and photo) requirements

You and your family members may need to appear in person to have their fingerprints and photograph (biometric information) taken at a biometric collection service point.

Canadian citizens and existing permanent residents of Canada are exempt from giving biometrics.

As of December 3, 2019, you need to give biometrics when you apply from within Canada. You can go to a designated Service Canada location.

Find out if you need to give biometrics.

If you have to give biometrics, you can give them after you:

  • pay for and submit your application and biometric fees, and
  • get a Biometric Instruction Letter (BIL) which will direct you to a list of biometric collection service points you may choose from

You must bring the BIL with you to the biometric collection service point to give your biometrics.

We encourage you to give your biometrics as soon as possible after getting the BIL. We’ll start processing your application after we get your biometrics.

Where to give your biometrics

You need to book an appointment to give your biometrics at one of these official biometric collection service points.

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