Investors, Business Immigrants and Self Employed Immigration to Canada

Investor Class

An 'investor' is defined in the Immigration and Refugee Protection Act (IRPA) as a foreign national who:

1. Has business experience;
2. Has a legally obtained net worth of at least $800,000 CDN; and
3. Indicates in writing to an officer that they intend to make or have made an investment.

'Business experience', in relation to an 'investor' is defined as the consisting of:

• 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.

  The following table defines a 'qualifying business'.

  Table 1- 'Qualifying Business'

  ATTRIBUTE (need 2 of 4 attributes)
  % of Equity Controlled by the Applicant	100%	50%	33.3 %
  Employment	2	4	6
  Total Annual Sales (CDN$)	500,000	1,000,000	1,500,000
  Annual Net Income (CDN$)	50,000	100,000	150,000
  Net assets at year-end (CDN$)	125,000	250,000	375,000

  OR

• the management of at least five full-time job equivalents per year in a 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.

All of the highlighted terms in the definition have specific legal meanings as determined by Canadian immigration laws, regulations, policies, and case law.

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Entrepreneur Class

An 'entrepreneur' is defined in the Immigration and Refugee Protection Act (s.97) as someone who:

1. Has business experience;
2. Has a legally obtained net worth; and
3. Agrees to comply with terms and conditions imposed upon landing in Canada.

'Business experience' is defined as (in s. 88) 'the management of a qualifying business and the control of a percentage of equity of a qualifying business for at least two years in the period beginning five years before the date of application for permanent resident visa and ending on a the day a determination is made in respect of the application'.

An 'entrepreneur class' applicant must have a net worth of $300,00 CDN and a qualifying business, at a minimum, means that the business (of which you are a 100% owner) meets two of the following four criteria: (1) a business with two full time employees; or (2) a business with total annual sales of $500,000 CDN; or (3) a business with net income of $50,000 CDN; or (4) a business with net assets of $125,000 CDN. If you own 50% of the business then each of the items (1)-(4) must be doubled or if you own 33.33% of the business then each of the items in (1)-(4) must be tripled.

The following table defines a 'qualifying business'.

The conditions imposed upon the 'entrepreneur class' applicant consist of the following:

1. the entrepreneur must control at least 33.3 percent of a qualifying Canadian business;
2. the entrepreneur must provide active and ongoing management of the qualifying Canadian business;
3. the entrepreneur must create at least one incremental full-time job equivalent for Canadian citizens or permanent residents, other than the entrepreneur and family members;
4. the entrepreneur must meet these 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.

A 'qualifying Canadian business' is defined as business operated in Canada by the entrepreneur which meets two of the following four criteria: (1) the business has two full-time job equivalents; or (2) the business has net annual sales of $250,000 CDN; or (3) the business has a net income of $25,000; or (4) the business has a net assets of $125,000 CDN. If you own 50% of the qualifying Canadian business then each of the items (1)-(4) must be doubled or if you own 33.33% of the business then each of the items in (1)-(4) must be tripled.

All of the highlighted terms in the definition have specific legal meanings as determined by Canadian immigration laws, regulations, policies, and case law.

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Self Employed Class

A 'self employed person' is defined in the Immigration and Refugee Protection Act (s.88) as someone who:

1. Has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada.

'Relevant experience' is defined as 'at least two years of one of the following types of experiences 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 an application, namely,

1. self-employment in cultural activities or in athletics,
2. participation at a world-class level in cultural activities or athletics, or
3. farm management experience.

'Specified economic activities', refers to cultural activities, athletics or the purchase and management of a farm.

All of the highlighted terms in the definition have specific legal meanings as determined by Canadian immigration laws, regulations, policies, and case law.

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