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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
-
has
business experience;
-
has a
legally obtained minimum net worth; and
-
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:
-
the
entrepreneur must control a percentage of the equity of
a qualifying Canadian business equal to or greater than
33 1/3 per cent;
-
the
entrepreneur must provide active and ongoing management
of the qualifying Canadian business; and
-
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
-
not
later than six months after the day on which the
entrepreneur becomes a permanent resident, their
residential address and telephone number; and
-
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:
- a trip to Canada becomes a
business exploration trip to Canada only when a
province has deemed it to be so; and
- 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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