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To qualify as an entrepreneur, you must have business experience. This means that you must have managed and controlled a percent of equity of a qualifying business. Entrepreneurs must have a legally obtained net worth of at least CDN $300,000.

When you immigrate to Canada as an entrepreneur, you must have the intention and the ability to control a percentage of equity of a qualifying Canadian business. You must provide active and ongoing management of the qualifying Canadian business. Your business must create at least one new full-time job for a Canadian citizen or permanent resident. You must meet these requirements within three years of becoming a permanent resident.

Before your immigrant visa is issued, your are required to sign a statement that you intend and will be able to meet the conditions of permanent residence.

Entrepreneur Regulatory Requirements

"Entrepreneur" means a foreign national who

  1. has business experience;

  2. has a legally obtained minimum net worth; and

  3. provides a written statement to an officer that they intend to and will be able to meet the conditions referred to in subsections 98(1) to (5) of the Immigration and Refugee Protection Act (IRPA)..

Conditions

98. (1) An entrepreneur who becomes a permanent resident must meet the following conditions:

  1. the entrepreneur must control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent;

  2. the entrepreneur must provide active and ongoing management of the qualifying Canadian business; and

  3. the entrepreneur must create at least one incremental full-time job equivalent for Canadian citizens or permanent residents, other than the entrepreneur and their family members.

(3) 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.

(4) An entrepreneur who becomes a permanent resident must provide to an officer evidence of compliance with the conditions within the period of three years after the day on which the entrepreneur becomes a permanent resident.

(5) An entrepreneur must provide to an officer

  1. not later than six months after the day on which the entrepreneur becomes a permanent resident, their residential address and telephone number; and

  2. during the period beginning 18 months after and ending 24 months after the day on which the entrepreneur becomes a permanent resident, evidence of their efforts to comply with the conditions.

"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

a.       in respect of an entrepreneur, CDN $300,000; and

b.      in respect of an entrepreneur selected by a province, the minimum net worth required by the laws 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:

a.       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;

b.      the percentage of equity multiplied by the total annual sales is equal to or greater than CDN $250,000;

c.       the percentage of equity multiplied by the net income in the year is equal to or greater than CDN $25,000; and

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

"Percentage of equity" means

a.       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;

b.      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

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

Selection Grid

In addition to the above requirements, Entrepreneurs will be assessed against the following selection grid.  Applicants must obtain a minimum of 35 points.

Factors Assessed

Maximum Points

Education

25

Business experience

35

Age

10

Proficiency in English and/or French

24

Adaptability

6

TOTAL

100

 

Investors and Entrepreneurs

Factor 1:  Business experience (maximum 35 points)

Business experience must have been obtained within the period beginning five years before the date of application.

 

 
Two years business experience
20
Three years business experience
25
Four years business experience
30
Five years business experience
35

 

Factor 2:  Age (maximum 10 points)

Points are given for your age at the time your application is received.

 
Age
Total Points

16 or under

0

17

2

18

4

19

6

20

8

21-49

10

50

8

51

6

52

4

53

2

54 and over

0

 

Factor 3:  Education (maximum 25 points)

 
You have not completed secondary school (also called high school)
0
You have obtained a secondary school credential
5
You have obtained a one-year post-secondary educational credential and completed at least 12 years of full-time of full-time equivalent studies.
12
You have obtained a one-year post-secondary educational credential and completed at least 13 years of full-time or full-time equivalent studies
15
You have obtained a one-year university credential at the bachelor’s level and completed at least 13 years of full-time or full-time equivalent studies.
15
You have obtained a two-year post-secondary educational credential and completed at least 14 years of full-time or full-time equivalent studies.
20
You have obtained a two-year educational credential at the bachelor’s level and completed at least 14 years of full-time or full-time equivalent studies.
20
You have obtained a three-year post-secondary educational credential and completed at least 15 years of full-time or full-time equivalent studies.
22
You have obtained two or more university educational credentials at the bachelor’s level and completed at least 15 years of full-time or full-time equivalent studies.
22
You have obtained a Master’s or PhD and completed at least 17 years of full-time or full-time equivalent studies.
25

 

Factor 4:  English and French language ability (maximum 24 points)

To assess your English and French language ability, first decide which language you are most comfortable with. This language is your first official language. The language you feel less comfortable communicating with is your second official language. Next, award points according to your ability to read, write, listen to and speak English and French. The following two tables define the levels of language proficiency and how points are allotted for each level:

 
Skill Level
Criteria
High proficiency
You can communicate effectively in most community and workplace situations. You speak, listen to, read and write the language very well.
Moderate proficiency
You can make yourself understood and you understand what others are saying in most workplace and community situations. You speak, listen to, read and write the language well.
Basic proficiency
You do not meet the above criteria for moderate proficiency but still have some ability to speak, listen to, read or write the language.
No proficiency
You have no ability whatsoever in speaking, listening to, reading or writing the language.

 

Calculating your language points

 

 
First official
language
Read
Write
Listen
Speak
Maximum score per category
High proficiency
4
4
4
4
16
Moderate proficiency
2
2
2
2
8
Basic proficiency
1
1
1
1
2
No proficiency
0
0
0
0
0
Maximum possible score for all four abilities
in first official language =
16
Second official
language
Read
Write
Listen
Speak
Maximum score per category
High proficiency
2
2
2
2
8
Moderate proficiency
2
2
2
2
8
Basic proficiency
1
1
1
1
2
No proficiency
0
0
0
0
0
Maximum possible score for all four abilities
in second official language =
8
Maximum possible score total for
both official languages =  
24

 

Factor 5:  Adaptability (maximum 6 points)

A maximum of 6 points for adaptability can be earned by any combination of the following elements:

 

 
You have made a business exploration trip to Canada in the period beginning five years before the date of your application.
 6 
You have participated in joint federal-provincial business immigration initiatives.
 6 

 

If you wish to be assessed for adaptability points, it is necessary that your province of destination provide you with documentation indicating that it is satisfied that you have met one or both of the above elements.

For the purpose of awarding points:

  1. a trip to Canada becomes a business exploration trip to Canada only when a province has deemed it to be so; and
  2. each province establishes individually, what constitutes participation in a joint federal-provincial business immigration initiative.

If you wish to earn points for adaptability, you should first contact the provincial or territorial government contact for the province/territory to which you are destined. Consult the list in Appendix F Provincial and Territorial Government Contacts. The province can then provide you with appropriate documentation indicating that, in their view, you have met the regulatory requirements. You must submit this documentation to the visa office.

 

 

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