Immigrants who enter Canada with a dual intent as temporary workers to eventually gain permanent residence have to convince the border officer that they are able and willing to exit Canada once the authorized interim residence period ends. Foreign workers and Canada Business Visa applicants must prove that they have an incentive to leave Canada once their work is complete or business is closed.

 Candidates only seeking temporary residence

Foreign nationals who wish to be self-employed or operate a business in Canada temporarily must demonstrate they will create significant cultural, economic, or social benefits and opportunities for Canadian permanent residents and citizens. Those who purchase or establish a business in Canada will be encouraged to apply for PR.

 The significant benefit will determine business viability, local workers’ use, economic stimulus, applicant’s background and skills, business plan, and steps to implement it. Two factors indicate that a business or self-employment is of ‘significant benefit’:

• General Economic Stimulus – employment generation, development in remote, regional areas, or export expansion for Canadian products & services.
• Advancement of Canadian Industry – product/service differentiation or innovation, technological development, or skill improvement opportunities.

To demonstrate significant benefit, candidates may also be requested to provide information from Canadian organizations supporting the application.

Ownership

• Entrepreneurs can only be issued work permits if they own at least 50% of the Canadian business.
• Partial owners with a smaller stake entering Canada to work in the business must apply for their work permit as employees, which may require a Labor Market Impact Assessment.
• If the business has multiple owners, typically, only one of the owners can be eligible for a work permit.

 Entrepreneurs and Self-employed applicants who have been repeatedly issued work permits must satisfy general economic stimulus indicators and meet additional requirements such as business registration, tax returns, and business profits. Furthermore, they must prove that they will leave Canada once the authorized period ends.

 Work Permit Processing

 To be eligible for a Canada work permit, foreign nationals must:

• Have an offer of employment number or relevant authorization
• Have submitted the employer compliance fee (self-employed persons must also pay the cost)
• Submit a work permit application

The work permit will remain valid as per the officer’s judgment and the applicant’s request.

 Candidates eventually seeking permanent residence

For business immigration to Canada, there are two categories of PR applicants who can apply for work permits. These applicants have demonstrated that starting or operating their Canadian business will generate significant cultural, social, or economic benefits or opportunities for Canadian PR holders and citizens.

1. Potential or actual provincial nominees who are planning to undertake business activities in Canada 

Foreign nationals who have been nominated for permanent residence by a Canadian province or territory or are being considered for the nomination – and are employed or have a valid job offer from a Canadian employer in the nominating province/territory – can be granted a work permit. That will allow them to enter Canada to start working or establishing their business while their PR application is being processed.

To be eligible for a work permit, such applicants must:

• Showcase a letter of support from the nominating province/territory
• Have an offer of employment number or relevant authorization
• Have submitted the employer compliance fee (self-employed persons must also pay the cost)
• Submit a work permit application

The work permit will be valid for two years.

2. Entrepreneurs and self-employed persons have been issued a Quebec Selection Certificate to do business or work in Quebec.

 Quebec does not have a Provincial Nominee Program. Still, entrepreneurs and self-employed persons issued a Quebec Selection Certificate are given special consideration for a work permit before they are authorized as temporary workers or permanent residents. To be eligible for a work permit, such applicants must:

• Have a valid Quebec Selection Certificate
• Have a request for early entry from Quebec’s Immigration Ministry
• Have an offer of employment number or relevant authorization
• Have submitted the employer compliance fee (self-employed persons must also pay the cost)
• Submit a work permit application

This work permit will also be valid for two years.

Officers can request additional documentation if they are unsatisfied that the applicant will be conducting genuine business activities. Initially, a work permit issued can be valid for up to two years. The work permit may be issued even before IRCC receives the candidate’s PR application. After two years, in exceptional circumstances or if the PR application is still being processed, an extension may be granted.

The processing office confirms fee receipt or exemption for all candidates and reviews the employment offer and other relevant forms. The work permit will be coded as per the prescribed format for the applicant’s profile. For more information on Canada Business Visa pathways and eligibility requirements, consult our seasoned experts – who help you lawfully navigate your immigration journey with the full support of authorized representation.