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Who can apply to immigrate to Canada as an "Entrepreneur"?

by: Sergio R. Karas, Canadian Lawyer (karas@karas.ca)


Entrepreneurs are those persons who have the intention and the ability to establish or to make a substantial investment in a business in Canada, and who will actively participate in its management. The proposed business must make a significant contribution to the economy and must result in the creation and maintenance of job opportunities for one or more Canadian citizens or permanent residents, other than the applicant and his or her dependants. This category is suitable for people with experience who have operated, controlled or directed a successful enterprise in their country of origin.

In assessing a person as an Entrepreneur, a number of factors may be considered in deciding if the individual has the intention and the ability to establish, purchase or make a substantial investment in a business. An important factor is the person's experience and track record in business. If a person has success in business, that is a strong indicator of his ability to establish a business in a Canada. Similarly, hands-on experience in active ongoing management is an excellent measure of the applicant's abilities in this area. The definition of an entrepreneur does not refer to experience. If the visa officer is satisfied with the person's intentions and abilities, lack of experience would not exclude the person from the category.

If the visa officer is satisfied that an applicant meets the entrepreneur definition, he will be assessed on a modified version of the point system. He needs only to accumulate 25 points out of a possible 80. In the past, entrepreneur applications were approved on the basis of a formal business plan setting out in a very specific manner, the prospective immigrant business in Canada. The plans were usually referred to government officials in the province of destination for their review and comment before the visa was issued.

Given the changing business climate in Canada, and the need for flexibility, detailed business plans are no longer required. However, some specifics must be provided. A general business summary must be prepared.

After the entrepreneur comes to Canada, provincial officials follow-up to see if a business has been established. Some provinces are actively pursuing entrepreneurs, and request that copies of the business proposals be sent to them. They review them and, if they meet with their approval, they assist the immigration process by writing letters to visa officials in support of the application.

Entrepreneurs are expected to have some outline of what type of business they will be conducting in Canada.

The definition of entrepreneur requires that the business or commercial venture make a significant contribution to the economy. It must also create or continue employment opportunities for Canadians. In addition, entrepreneurs must satisfy the requirement for active and ongoing participation in the management of business. In some cases, visa officers impose terms and conditions on entrepreneurs to ensure that they comply with the requirement to star a business in Canada with an specific period of time. If the conditions are not complied with, the visa can be revoked.

Given the extreme complexity of these issues it is important that every person who intends to make any application contact a lawyer (Barrister & Solicitor), before confronting any kind of legal procedure, to obtain the appropriate advice. People must be alert and avoid seeking advise from individuals who are not lawyers and do not possess the necessary legal knowledge or appropriate supervision, and may take undue advantage of those who are not familiar with the Canadian legal system. Recently, a decision from the British Columbia Supreme Court granted the Law Society of that Province a permanent injunction against a "consultant", on the basis that he was in essence practising law without being a member of the Bar. The court decided that, in order to give legal advise to clients for a fee, a person must be a lawyer and member of the Provincial Bar. The public is advised to exercise the utmost caution in order not to jeopardize their situation, and deal only with lawyers who are members of the Bar.


Sergio R. Karas is a Canadian lawyer, practising in the area of Immigration Law in Toronto. He is a member of the board of directors of several community organizations. His comments and opinions are general and are not intended to be interpreted with respect to any specific situation. He can be reached at Karas & Associates, (416)506-1800 or through e-mail at karas@karas.ca.


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