Immigration Canada Québec

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Provincial Nominee - Entrepreneur category

The general characteristics for each province are outlined below.

Ontario

An individual investor (entrepreneur) will qualify for the nominee program with the following general requirements:

The amount of the investment is at least $3,000,000.
The investment must create at least five net permanent full-time jobs for Canadian citizens or permanent residents in Ontario.
Be actively involved, on an ongoing basis, in the management of the business.
Control, or will control, at least 33.334% of the equity in the business, or make a minimum $1 million investment in the business
Not have the option of redeeming the investment after a specified period
Invest the capital in the business not for the primary purpose of deriving interest, dividends or capital gains


British Columbia

This province offers three (3) business categories, each holding their own requirements:

A.    The Business Skills category

1.    Make a personal investment of at least $400,000 CAD to establish or to purchase and expand an eligible business anywhere in B.C.
2.    Create at least 3 new jobs in the business for Canadians or permanent residents.
3.    Own at least one third (33 1/3%) of the equity of the business.
4.    Provide active and on-going participation in the day to day management and direction of the business.
5.    Demonstrate that they have:
•    the skills and experience necessary to establish and operate a commercially viable business in B.C.
•    a personal net worth of at least $800,000 CAD obtained from legal sources
•    sufficient unencumbered personal funds to make the required investment
•    a viable business proposal
6.    Sign a Performance Agreement with the Province of British Columbia.
7.    Sign a Deposit Agreement with the Province of British Columbia, if they are seeking a Fast Track nomination.

Principal applicants in the Business Skills category may include one foreign key staff person as a co-applicant for nomination, but must still create three jobs for Canadians or permanent residents.

B.    The Regional Business category

The applicant must hold the following criteria:

1.    Make a personal investment of at least $200,000 CAD to establish or to purchase and expand an eligible business anywhere in B.C. outside of the Vancouver metropolitan area [316KB] or the Abbotsford metropolitan area [290KB]
2.    Create at least one new job in the business for a Canadian or permanent resident.
3.    Own at least one third (33 1/3%) of the equity of the business.
4.    Provide active and on-going participation in the day to day management and direction of the business.
5.    Demonstrate that they have:
•    the skills and experience necessary to establish and operate a commercially viable business in B.C.
•    a personal net worth of at least $400,000 CAD obtained from legal sources
•    sufficient unencumbered personal funds to make the required investment a viable business proposal.
6.    Sign a Performance Agreement with the Province of British Columbia
7.    Sign a Deposit Agreement with the Province of British Columbia if they are seeking a Fast Track nomination.

Applications in the regional business category are limited to principal applicants.

The applicant wishing to buy an existing business or the shares of an existing business will be subject to additional conditions such as holding control of at least one third of the business. Other sets of regulations refer to the acquisition of the assets and the minimum personal investment.

C.  The Strategic Projects category

This category assists foreign-controlled companies establishing an eligible business in B.C. with a staff, up to a maximum of 5 per company, who intend to become permanent residents of Canada and settle in B.C.

The companies applying in this category must meet the following conditions: 

1.    Make a minimum equity investment of $500,000.
2.    Create at least three jobs for Canadians or permanent residents in B.C. for each nominee applicant put forward by the company.
3.    Demonstrate a record of good business practices and successful business operations outside of Canada that are relevant to the proposed business.
4.    Establish or purchase and expand an eligible business anywhere in B.C.
5.    Incorporate a Canadian subsidiary or register an extra-provincial company in B.C. to operate the proposed business.
6.    Demonstrate that the nominee applicants are qualified senior personnel who are essential to establishing or expanding and operating the proposed business in B.C.
7.    Sign a Performance Agreement with the Province of British Columbia

Additional conditions to the PNP

The Province will verify that the business be eligible with specific increased contribution to the economy in the province. Some businesses are also considered ineligible such as Bed and Breakfasts, home based business, etc. Other businesses are considered ineligible to establish themselves in certain areas such as in Abbotsford or in the Vancouver Metropolitan area.

A preliminary application is submitted for the three categories. Once approved in principle, the applicant (or company) is invited to submit a formal application.
An exploratory visit is strongly recommended. An interview is set with a business advisor to discuss the business project.

A fast track processing offers immediate nomination for permanent residence, in return for which the applicant will make a conditionally refundable $125,000 CAD deposit with the Province of British Columbia. The deposit is refunded (without interest) when the applicant has met the terms of the conditions of the Performance Agreement and Deposit Agreement.

Nominee Candidates in the Strategic Projects category will be offered a 2-year federal work permit, leading to nomination when the sponsoring company has met the terms of conditions of its Performance Agreement.



Alberta

At the moment, the province carries a self-employed farmer category. The basic requirements for the applicant are as following:

-    Experience in farm management
-    Personal net worth of $500,000.00 or more
-    Investment of $500,000.00 in a primary agriculture enterprise

The candidate is expected to submit a sound business plan and have performed an exploratory visit.


Saskatchewan

The entrepreneur must meet the following conditions:

1.    Have a minimum of 3 -5 years business ownership experience or senior management experience;
2.    Have a minimum personal net worth of CDN $250,000;
3.    Conduct a comprehensive Exploratory Visit to Saskatchewan (at least five working days) that includes a Visitation Seminar and interview with a SINP Business Immigration Officer;
4.    Submit a Business Proposal or Relocation and Settlement Plan;
5.    Make a minimum, verifiable investment of CDN $150,000 into starting a new business or buying outright an existing business, and have an active management role in the day-to-day operation of the business;
6.    Intend to own at least 33.3% of your business in Saskatchewan (with a minimum investment of CDN $150,000). If the applicant does not own 33.3% of his business, the applicant must invest a minimum of CDN $1 million into the business, in either case, he must have an active management role in the day-to-day operation of the business;
7.    Make a deposit of CDN $75,000 into a trust account and sign a Performance Agreement based on a Business Proposal or Relocation and Settlement Plan.

The applicant should also have performed an exploratory visit. It is also recommended that the applicant attend a seminar held on a monthly basis.


Manitoba

The province of Manitoba promotes a business program based on the following factors:
1.    Minimum verifiable personal net worth of CDN$350,000
2.    Demonstrated business or farm ownership experience or a minimum of 3 years experience in a senior management role of a successful company
3.    Conduct an Exploratory Visit to Manitoba to be able to provide documented assessment of business opportunities in Manitoba and general knowledge of the province.
4.    Make an Eligible Business Investment in Manitoba
5.    Reside in Manitoba along with their dependent family members

Once the application for nomination is approved by Manitoba, the candidate will be required to make a CDN $75,000 Deposit to the Government of Manitoba, guaranteeing that he will live in Manitoba and start or purchase of a business or farm in Manitoba within two years of obtaining the permanent resident visa and landing in Manitoba. The deposit will be refunded without interest when the investment is made, that the business or farm is operational and when the candidate is living in Manitoba.

An informal application may be submitted as a pre-screening procedure.


Newfoundland and Labrador

In this province the entrepreneur must meet the following criteria:

1)    Acquire or create a business in a strategic business sector. Ineligible business sectors refer to retail and wholesale services, financial services, personal and business services, professional practices, real estate and construction.
2)    Hold a minimum of five (5) years of senior management or direct entrepreneurial experience in a business similar to the one proposed
3)    Have a minimum net worth of CDN $450,000, including minimum liquid assets of CDN $350,000
4)    Make a minimum direct business investment of CDN$200,000 in equity to establish an eligible new enterprise or purchase all or part of an eligible existing business in Newfoundland and Labrador
5)    Evidence of Investment in a New Business or Purchase of all or part of an Expanding Existing Business
6)    Sign a performance agreement
7)    Perform an exploratory visit
8)    Submit a business plan

The applicant may apply for a preliminary assessment. Once approved, the applicant is invited to proceed with a formal application procedure.

New Brunswick

The business applicant is eligible to apply with the following requirements:
1)    Hold management experience as a senior executive or through a business
2)    Hold sufficient funds to finance the initial phase of the business plan and to support the candidate’s family for a period of up to two years. The personal net worth requirement will vary based on the business plan;
3)    Obtain 50 points under a selection grid
4)    Perform an exploratory visit
5)    Attend a selection interview in New Brunswick
6)    Submit a sound business plan
7)    Make a commitment to settle permanently in New Brunswick
8)    Have basic proficiency in French or in English

A preliminary assessment is submitted for approval after which the candidate is invited for the exploratory visit and interview.

Prince Edward Island

This Province has one active entrepreneur program with the following criteria:
1.    A minimum net worth of $400,000.
2.    Willingness to invest a minimum of $200,000 to establish a new enterprise (or to purchase no less than 33% of an existing business).
3.    A business plan to demonstrate that the Immigrant Entrepreneur has the capacity to establish a successful business.
4.    Payment of a $100,000 business investment deposit, which is held in escrow and returned to the applicant after one year’s residency and the establishment of the business;
5.    Immigrant Entrepreneurs are also required to place $25,000 in escrow with the Government of PEI as a good faith deposit. This deposit also gets returned after applicant has resided for one year in PEI.
6.    Immigrant Entrepreneurs (Partners) with insufficient English or French are required to place $20,000 in escrow with the Government of PEI. This language deposit will be returned when the applicant demonstrate moderate language skills, in English or French, after arrival in PEI.
7.    A combination of age, education, language skills and transferrable management skills. The ideal candidate to the PEI PNP is/has:

•    less than 55 years of age;
•    a minimum 14 years of education, including one (or more) post-secondary certificates or degrees;
•    capable of being interviewed in English or French;
•    has several years of management (or, preferably, business ownership) experience in a sector with relevance to the PEI economy.

Yukon

To be eligible for the provincial entrepreneur category, the applicant must satisfy the following conditions:
a.    The applicant must invest a minimum of $150,000 CDN equity into starting or buying a business in Yukon.
b.    The applicant must have a personal net worth of at least $250,000 CDN.
c.    The applicant must demonstrate a reasonable knowledge and understanding of Yukon and its economy.
d.    The applicant must be able to demonstrate reasonable communication skills.
e.    The applicant must have the necessary experience and education to successfully implement the business plan.

The applicant will attend an interview in order to discuss the business plan. All sectors of business are eligible with the exception of retail stores. The province will favor certain sectors of business according to the economical profile at a given time.

Other Entrepreneur programs are available with the Quebec entrepreneur category and the Federal Entrepreneur program. You may also want to check the Quebec self-employed category which offers great opportunities for the sole business owner.

 

You may also complete our evaluation form and we will be pleased to return to you with additional information as soon as we can.

 

Bellemare & Vinet Attorneys

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