6:2 THE ENTREPRENEUR CATEGORY

In order to qualify for immigration under this category, you must:

• be an ‘Entrepreneur’ (as defined below);
• meet a number of conditions; and
• obtain at least the pass mark under the points assessment.

The issues of qualifying as an Entrepreneur and that of the conditions to be met are covered immediately below. The topic of the points assessment is discussed in more detail in section 6:4.

6:2.1 Definition of Entrepreneur

An Entrepreneur is a person who satisfies the following conditions:

• a.has business experience, which in respect of an Entrepreneur means the management of a qualifying business7 and the control of a percentage of equity8 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;
• b.has a legally obtained minimum net worth9 of CDN $300,000 (in respect of an Entrepreneur selected by a province, the minimum net worth required by the laws of the province); and
• c.provides a written statement to an officer that they intend to and will be able to meet the conditions10 referred to in subsections (1) to (4), which can be found immediately below.

• (1)An Entrepreneur who becomes a permanent resident must meet the following conditions:
  • a.the Entrepreneur must control a percentage of the equity of a qualifying Canadian business11 equal to or greater than 331/3%⅓
  • b.the Entrepreneur must provide active and ongoing management of the qualifying Canadian business; and
  • c.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.
• (2)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.
• (3)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.
• (4)An Entrepreneur must provide to an officer:
  • a.not later than six months after the day on which the Entrepreneur becomes a permanent resident, their residential address and telephone number; and
  • b. 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.

6:3 THE SELF-EMPLOYED CATEGORY

In order to qualify for immigration under this category, a person must:

• be ‘Self-Employed’ (as defined below); and
• obtain at least the pass mark under the points assessment.

The topic of the points assessment is discussed in more detail in section 6:4.

A Self-Employed person is one who:

• a.has relevant experience12, and
• b.has the intention and ability to create their own employment and make a significant contribution in Canada in the fields of cultural activities or athletics, or purchase and manage a farm in Canada.

You must also have the intention and ability to establish a business that will, at a minimum, create employment for yourself. No immigration conditions are imposed on this class. You must have enough money to support yourself and your family members after you arrive in Canada.

6:4 THE POINTS ASSESSMENT

In Chapter 3 of this book you were introduced to the points system used by CIC in assessing immigration applications. As mentioned above, to qualify under all of the business immigration categories (Investor, Entrepreneur and

• i.self-employment in cultural activities or in athletics, and
• ii.participation at a world-class level in cultural activities or athletics, or
• iii.farm management experience.

Self-Employed), you must meet the requisite definitions and also obtain at least the pass mark under the points assessment. Some of the issues set out in Chapter 3 are the same as those for business applications, but a full discussion of issues is provided in the context of this chapter. See also, however, Chapter 3 for analysis of any duplicated issues.

The pass mark is variable and is determined, on an ongoing basis, by CIC. Currently, the pass mark in business cases is 35 points. At the time of making your application you should, however, check to see if this number has changed.

The points assessment is made against five selection factors: business experience, age, education, English and French language ability and adaptability. Shown below is a self-assessment table, followed by charts relevant to the business experience, education and language skills, which are common to all three categories. Figure 13 contains the tables pertaining to the factors of Age and Adaptability for Investors and Entrepreneurs, and Figure 14 has the tables relevant to Age and Adaptability for Self-Employed persons.

6:5 APPLYING FOR PERMANENT RESIDENCE UNDER THE BUSINESS IMMIGRANTS CLASS

You can download the forms online as mentioned in Chapter 1. For a sample checklist of the forms and documents that have to be submitted, see Figure 15.

You must chose to apply under only one of the three categories, even if you meet the requirements for more than one category. Note that you cannot change the class you are applying under once you have submitted your application.

The second step is to submit the completed application and fees to the relevant visa office.13 Once your application is successful, you and your family members may be required to attend an interview.

If you have applied as an Investor, once all immigration matters have been addressed you must sign a subscription agreement14 and pay the required investment. You must pay your investment within 30 days after receiving notification