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IMMIGRATION

Federal Skilled Worker

Most independent immigrants are skilled workers who are expected to have the skills, education, work experience, language ability and other qualities needed to participate in the Canadian labour market.

Personal suitability has to do with the degree to which a person and his/her family are deemed able to settle successfully in Canada. It refers to a person's adaptability, motivation, initiative, and resourcefulness.

Funds Required to Settle in Canada

All applicants of this category must also prove that they have enough money to support themselves and their dependents for at least six months after they arrive in Canada. The Government of Canada provides no financial support to new immigrants. You should research the cost of living in the region of Canada where you intend to live. You should take with you as much money as possible to make your initial establishment easier. You will be required to show proof of your funds.

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 they are entitled to most social benefits according to Canadian citizens. When you have met the citizenship requirements (3 years after obtaining permanent residency), you may apply for Canadian citizenship.

Business Entrepreneur

Entrepreneurs must have business experience. They must have a qualifying business and controlled percentage equity of a qualifying business for at least two (2) years in the period beginning five (5) years before the date of application. The entrepreneur class applicant must have a legally obtained minimum net worth of at least $300,000 and is required to sign a statement that he or she intends and will be able to meet the conditions of permanent residence.

Features of the Entrepreneur Program

A minimum net worth requirement of $300,000;
A requirement that within three years of becoming a permanent resident, the entrepreneur must have controlled and have actively managed a qualifying Canadian business for a period of at least one year, and that the business must have created employment opportunities for others; and
All family members are admitted under the same condition as the principal applicant which condition is removed once the entrepreneur fulfils the above requirements.

To qualify as an Entrepreneur, the applicant must be able to meet the following conditions

Requirements
- the entrepreneur must control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 percent;
- the entrepreneur must provide active and ongoing management of the qualifying Canadian business; and
- Canadian citizens or permanent residents, other than the entrepreneur and their family members.
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.
An entrepreneur who becomes a permanent resident must provide an immigration officer with evidence of compliance with the conditions within the period of three years after the day on which the entrepreneur becomes a permanent resident.
An entrepreneur must provide an officer
- not later than six (6) months after the day on which the entrepreneur becomes a permanent resident, its residential address and telephone number; and
- during the period beginning 18 months and ending 24 months after the day on which the entrepreneur becomes a permanent resident, evidence of efforts to comply with the condition.

"Business experience", in respect of an entrepreneur, means 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", 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 :

with respect of an entrepreneur, CDN $300,000; and
in respect of an entrepreneur selected by a province, the minimum net worth required by the law 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 :

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 years;
the percentage of equity multiplied by the total annual sales in equal to or greater than CDN $250,000;
the percentage of equity multiplied by the net income in the year is equal to or greater than CDN $25,000; and
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", in respect of a qualifying business or 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 qualifying or qualifying Canadian business, means the after tax profits or loss of the business plus remuneration by the business to a foreign national and their spouse or common-law partner.

"Percentage equity" means :

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;
in respect of a corporation, the percentage of the issued and out standing voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and
in respect of a partnership of joint venture, the percentage of the profit or loss of the partnership of joint venture to which the foreign national or their spouse or common-law partner is entitled.

Business Investor

In order to be eligible as an Investor under the Business class immigration, applicants must have a net worth of at least $800,000 Canadian dollars. (You may also include your spouse’s assets when assessing your net worth, if applicable). The applicant will be required to make an investment of $400,000 canadian dollars in approved projects in Canada. The provincial government uses the funds for job creation and economic development. The full amount of the investment (without interest) is repaid to the investor after five years. The capital investment is fully guaranteed by participating provinces and territories against loss.

Some potential Business Immigrants, though able to meet the program’s net worth requirements, may have difficulty raising the liquid assets required ($400,000 CDN) in a short time period or do not wish to tie up their money for the five year period without receiving interest. Consequently, Investors have the option of receiving a loan from a financial institution in Canada for 70% of the required investment where upon the Investor deposits $120,000 CDN (Approx. $75,000 US), against which the balance of $280,000 CDN is borrowed. The sum of $120,000 CDN or $75,000 US will be entirely used up by the financial institution to pay for the interest charges on the loan value of about $280,000 CDN during the five year term. No other monthly payment or interest will be required from the Investor for the loan. In effect the cost of the program to the Investor would be about $120,000 CDN or $75,000 US approximately.

In addition to the net worth requirement of $800,000 CDN, Investors will be required to prove that they have significant business experience. The Quebec government manages its own immigration program providing for Independent Business applicants selection rules. In many respects, the province of Quebec has the most secured investor program, as government regulations are stricter.

"Business experience", in respect of an investor, means :

management of a qualifying business and the control of a percentage of equity of the qualifying business for at least two years during 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, or
management of at least five (5) full-time job equivalents for at least two (2) years in the period beginning five years prior to 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", in respect to an Investor, means the fair market value of all of the Investor assets and their spouse or common-law partner minus the fair market value of all of their liabilities.

"Qualifying business", means a business other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gain for which, in each of any two years in the period beginning five years before the date of application for a permanent resident visa and ending on the date a determination is made in respect of the applications, there is documentary evidence of any two of the following :

that 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;
that the percentage of equity multiplied by the total annual sales is equal to or greater than CDN $ 500,000;
that the percentage or equity multiplied by the net income in the year is equal to or greater than CDN $50,000 ; and
that the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000

"Full-time job equivalent", means 1,950 hours paid employment.

"Net income", means in respect of qualifying or qualifying Canadian business, the after tax profits or loss of the business plus remuneration by the business to a foreign national and their spouse or common-law partner.

"Percentage equity" means :

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;
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; and
in respect of a partnership of joint venture, the percentage of the profit or loss of the partnership of joint venture to which the foreign national or their spouse or common-law partner is entitled.

Advantages under the Investor program :

Investors are not required to start a business in Canada as in the case of the Entrepreneur program;
Investments are fully guaranteed by provinces and territories that participate in the program;
The provinces and territories control the investment during the five year lock-in period; and
No immigration ''terms and conditions'' are imposed upon admission as in the case of the Entrepreneur program.

The investor program is better suited for people who are obliged to constantly travel to and from Canada as soon as permanent residence is established and do not wish to be subjected to the reporting requirements as is the case with the Entrepreneur program.

Self Employed

Self-employed immigrant must have experience and have the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada. Other business immigrants with more generic business abilities will be required either to meet the entrepreneur or investor definitions, or to qualify as skilled workers or be selected as provincial nominees.

"Relevant experience" in respect of a self-employed person means at least two (2) 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, as follows :

Self-employment in cultural activities or in athletics
Participation at a world-class level in cultural activities or athletics, or
Farm management experience.

"Specified economic activities" in respect of a self-employed person means cultural activities, athletics or the purchase and management of a farm.

Features of the Self-employed Program :

No immigration "terms and conditions" are imposed on this class.
Self-employed immigrants must have the experience, intention and ability to establish a business that will, at a minimum, create an employment opportunity for themselves and that will make a significant contribution to cultural activities or athletics in Canada, or to purchase and manage a farm in Canada.

Visitor

Canadian citizens and permanent residents living in Canada, 18 years of age or older, may sponsor close family members who wish to immigrate to Canada. Sponsors must agree to support the family member and accompanying dependents to help them settle in Canada.

Family members eligible for sponsorship are :

Spouse (16 years or older)
Conjugal/Common-law partner (16 years or older)
Parents / Grandparents
Dependent children including adopted children
Children under 18 years old whom the sponsor intends to adopt
Brothers, sisters, nephews, nieces, or orphan grandchildren, under the age of 18 and neither married nor in a common-law relationship.
Any other relative if the sponsor has none of the above family members neither in Canada nor abroad.

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