Canadian Business Immigration Lawyers
Business immigrants choose Canada for many reasons. Canada is attractive for having a well-established startup ecosystem and a strong capital market to support entrepreneurial immigrants. But oftentimes, it’s about our clients’ children and their future: the people who retain us appreciate Canada’s high education standards and the career opportunities here which follow.
A major advantage is the savings on university/college tuition fees. At the University of Toronto, domestic fees for the Faculty of Arts & Science, for example, currently cost just over $6,000 whereas international students are charged 10x more at closer to $60,000. Over 4 years, the savings is therefore $216,000 per child which is comparable to the overall cost of immigrating under some business immigration programs.
Our clients also appreciate that there is no need for a Canadian ‘sponsoring company’ or ‘local business partner.’ Either spouse can be the main applicant and the whole family immigrates, including adult children under 22 years old (options exist for those over 22, for instance as international students). Visas are no longer needed to come to Canada and once a permanent resident, it’s only necessary to stay here 2 out of 5 years to keep renewing your Permanent Resident Card (and if your spouse becomes a Canadian citizen and moves back with you, every day with the spouse abroad counts as a day in Canada so your Permanent Resident Card can be renewed over and over again). Citizenship is also relatively easy to obtain once you stay here 3 years (cumulatively, not consecutively). You may also move to any part of Canada, enjoying Canada’s high standard of living, free health care and excellent free public schools. Of course, Canada is renowned for having a stable political climate and the fact that all major political parties fully support immigration and immigrants.
If you are middle-aged, be wary of those ‘consultants’ and ‘agents’ who would take your money and put you in an Express Entry (points system) pool. Your points will likely be in the 300-range and you will not be drawn from the pool (not be issued an Invitation to Apply). Jain Immigration Law has extensive experience immigrating those in their 40s, 50s and older as business immigrants. We know that it’s not necessary for you to have been an entrepreneur yourself and we can assist with all the nuances and complexities.
How Can Jain Immigration Law Help?
All business class applications are filed under our Founder’s name. As a National Chair of the Canadian Bar Association (Immigration Section) and the person who initiated and co-founded the Canadian Immigration Lawyers Association, Mr. Jain has been advised by many top level immigration officials that the Immigration Department and visa offices are aware of the difference between various representatives. Simply put, reputations matter. Mr. Jain has earned his reputation for excellence as a “lawyer’s lawyer” (and has shared his expertise with lawyer across Canada, most recently in interpreting complex admissions laws relating to the pandemic). He has achieved the highest levels of peer recognition, including being selected as Lawyer of the Year by one ranking service (Best Lawyers) and as a Thought Leader by another (Who’s Who Legal). He is one of only a few lawyers to have been recognized by the late Queen Elizabeth with a Diamond Jubilee Medal for his contributions to Canadian immigration law and is a Certified Specialist holding two law degrees, including a Master of Laws.
Business Immigration Services and Streams
Federal Start-Up Program
The Start-up Visa Program is very different from skilled worker (points system-based) immigration. It doesn’t target young professionals such as those who have worked or studied in Canada. It looks beyond age and education and only a basic level of English or French is required (Canadian Language Benchmark of 5). The private sector is involved and a government-approved “Designated Organization” must provide a “Letter of Support.” Jain Immigration Law will study your background carefully and work with you to submit a genuine application. We work with business partners who prepare the pitch to the Designated Organization and we have strong professional relationships with these government-approved private organizations.
The program allows up to 5 applicants to band together in the startup and once the application is submitted, it is critical that Jain Immigration Law provides ongoing support and advice to ensure success. Section 89 of the Immigration and Refugee Protection Regulations requires that we demonstrate the purpose of immigrating is to engage in the business activity described rather than simply wanting to move here.
A major benefit of the Start-up Visa Program is that once immigration is achieved, there are no conditions. In other words, the permanent residence is not conditional upon hiring a certain number of local Canadians or proving the business was successful. The government recognizes that most start-ups fail and so once you are a Permanent Resident, there are no further check-ins. Given this, the government will expect a well-prepared application.
For more legal insights on the Federal Start-Up Program:
The Lawyer’s Daily: Simple Fixes for Canada’s Start-up Visa Program – Jain Immigration Law
Provincial Nominee Program for Entrepreneurs
Canada consists of several provinces and territories (equivalent to US “states”) and each operates its own Provincial Nominee Program (PNP). Jain Immigration Law is based in the city of Toronto in the province of Ontario and we focus on the Ontario PNP as another option for business immigration.
Unlike the Start-up Visa, the Ontario PNP Entrepreneur Stream requires 24 months of business experience as an owner or senior manager in the last 60 months and a net worth of $800,000 ($400,000 if outside the Greater Toronto Area). Also, you must invest $600,000 ($200,000 if outside the Greater Toronto Area) and control one-third of the equity of the business. Further, you need to actively be involved in the business and must create 2 full-time jobs for Canadians or Permanent Residents. If you wish to purchase an existing business, contact us to learn of additional requirements.
Logistically, we will assist you in submitting an Expression of Interest and then we will assist you with placement in a pool of applicants after carefully vetting you. We work with very reputable business partners in this regard. Founder Ravi Jain is personally involved with these cases and his over 20 years of experience allows us to navigate this immigration stream efficiently so you can develop or take-over a business here as soon as possible.
Immigrating to Canada from Asia for Business
Over a quarter of all immigration to Canada is from India and there are over 1 million people with Indian backgrounds in Canada, offering a valuable business community to join. There are many business groups ready to assist you, such as the Indo-Canada Chamber of Commerce and the Indo-Canadian Business Chamber. Jain Immigration Law regularly assists Indian citizens coming directly from India and also those currently living in countries such as the UAE, Qatar, Kuwait and Saudi Arabia.
For the majority of our clients, it’s all about their children. Some choose Canada to escape pollution and others are used to living in the Middle East and would prefer the same sorts of high living standards. A major advantage is the savings on university/college tuition fees. At the University of Toronto, domestic fees for the Faculty of Arts & Science, for example, currently cost just over $6,000 whereas international students are charged 10x more at closer to $60,000. Over 4 years, the savings is therefore $216,000 per child which is comparable to the overall cost of immigrating under some business immigration programs.
For Indian-citizens based in the Middle East, many are surprised to learn that there is no need for a Canadian ‘sponsoring company’ or ‘local business partner.’ Either spouse can be the main applicant and the whole family immigrates, including adult children under 22 years old (options exist for those over 22, for instance as international students). Visas are no longer needed to come to Canada and once a permanent resident, it’s only necessary to stay here 2 out of 5 years to keep renewing your Permanent Resident Card (and if your spouse becomes a Canadian citizen and moves back with you, every day with the spouse abroad counts as a day in Canada so your Permanent Resident Card can be renewed over and over again). Citizenship is also relatively easy to obtain once you stay here 3 years (cumulatively, not consecutively). You may also move to any part of Canada, enjoying Canada’s high standard of living, free health care and excellent free public schools. Of course, Canada is renowned for having a stable political climate and the fact that all major political parties fully support immigration and immigrants.
Sadly, too many clients come to us after being scammed by local ‘ ‘consultants’ and ‘agents.’ If the package being offered for business immigration is very cheap, be careful. No one should be selling you a business plan or over-promising. Jain Immigration Law has extensive experience immigrating those in their 40s, 50s and older as business immigrants. We know that it’s not necessary for you to have been an entrepreneur yourself and we can assist with all the nuances and complexities given we are immersed in Canadian immigration law and have a sterling reputation.
Many of our clients are originally from India or Pakistan and are surprised to learn that there is no need for a Canadian ‘sponsoring company’ or ‘local business partner.’ Either spouse can be the main applicant and the whole family immigrates, including adult children under 22 years old (options exist for those over 22, for instance as international students). Visas are no longer needed to come to Canada and once a permanent resident, it’s only necessary to stay here 2 out of 5 years to keep renewing your Permanent Resident Card (and if your spouse becomes a Canadian citizen and moves back with you, every day with the spouse abroad counts as a day in Canada so your Permanent Resident Card can be renewed over and over again). Citizenship is also relatively easy to obtain once you stay here 3 years (cumulatively, not consequtively). You may also move to any part of Canada, enjoying Canada’s high standard of living, free health care and excellent free public schools. Of course, Canada is renowned for having a stable political climate and the fact that all major political parties fully support immigration and immigrants.
For the majority of our clients, it’s all about their children. Some choose Canada to escape pollution and others are used to living in the Middle East and would prefer the same sorts of high living standards. A major advantage is the savings on university/college tuition fees. At the University of Toronto, domestic fees for the Faculty of Arts & Science, for example, currently cost just over $6,000 whereas international students are charged 10x more at closer to $60,000. Over 4 years, the savings is therefore $216,000 per child which is comparable to the overall cost of immigrating under some business immigration programs.
Many of our clients are originally from India or Pakistan and are surprised to learn that there is no need for a Canadian ‘sponsoring company’ or ‘local business partner.’ Either spouse can be the main applicant and the whole family immigrates, including adult children under 22 years old (options exist for those over 22, for instance as international students). Visas are no longer needed to come to Canada and once a permanent resident, it’s only necessary to stay here 2 out of 5 years to keep renewing your Permanent Resident Card (and if your spouse becomes a Canadian citizen and moves back with you, every day with the spouse abroad counts as a day in Canada so your Permanent Resident Card can be renewed over and over again). Citizenship is also relatively easy to obtain once you stay here 3 years (cumulatively, not consequtively). You may also move to any part of Canada, enjoying Canada’s high standard of living, free health care and excellent free public schools. Of course, Canada is renowned for having a stable political climate and the fact that all major political parties fully support immigration and immigrants.
For the majority of our clients, it’s all about their children. Some choose Canada to escape pollution and others are used to living in the Middle East and would prefer to the high living standards they are used to A major advantage is the savings on university/college tuition fees. At the University of Toronto, domestic fees for the Faculty of Arts & Science, for example, currently cost just over $6,000 whereas international students are charged 10x more at closer to $60,000. Over 4 years, the savings is therefore $216,000 per child which is comparable to the overall cost of immigrating under some business immigration programs.
Business Immigrations Frequently Asked Questions
There are two types of business visas: those for visitors and those for immigrants who will receive Permanent Residence. For business visitors, please book a consultation by contacting [email protected]. For business immigration (leading to Permanent Residence), we focus on two programs.
The Federal Start-up Visa Program (SUV) is taking 2-3 years and Jain Immigration Law has written several articles and proposed solutions to maintain or decrease the processing times: The Lawyer's Daily: Simple Fixes for Canada's Start-up Visa Program - Jain Immigration Law; Canada’s Start-up Visa Program: A simple fix before it’s too late | Canadian Immigration Lawyers Association (CILA). Please contact us to discuss our fees.
The Ontario Provincial Nominee Program Entrepreneur Stream has been recently revamped and it takes less than 30 days for the Expression of Interest assessment and the government has indicated a commitment to process timely. Please contact us to discuss our fees.
There is no active federal Entrepreneur or Investor Program currently. The self-employed category is actually a misnomer and actually applies to those who are engaged in cultural activities, athletics or farming. Active programs for business immigrants include the Federal Start-up Visa Program (SUV) and the Ontario Provincial Nominee Program Entrepreneur Stream. Jain Immigration Law is well-positioned to assist with both.
It is critical that Jain Immigration Law provides ongoing support and advice to ensure success for our clients. Section 89 of the Immigration and Refugee Protection Regulations requires that we demonstrate the purpose of immigrating is to engage in the business activity described rather than simply wanting to move here.
There is no minimum net worth under Federal Start-up Visa Program (SUV) but those with few funds typically are Founders with an innovative business idea. Participants, who support the Founder’s idea typically have significant funds.
The Ontario PNP Entrepreneur Stream requires $600,000 ($200,000 if outside the Greater Toronto Area) and control of one-third of the equity of the business.
A major benefit of the Start-up Visa Program is that once immigration is achieved, there are no conditions. In other words, the permanent residence is not conditional upon living in a certain province or hiring a certain number of local Canadians or proving the business was successful. The government recognizes that most start-ups fail and so once you are a Permanent Resident, there are no further check-ins. Given this, the government will expect a well-prepared application.
Unlike the Start-up Visa, the Ontario PNP Entrepreneur Stream requires that you prove that you were actively involved in the business which you ran in Ontario and that you created 2 full-time jobs for Canadians or Permanent Residents. You therefore must stay in Ontario.
Business Immigration News & Legal Insights
Immigrating to Canada: How Americans Can Benefit from the Provincial Nominee Program (PNP)
The Role of Immigrants in Canada’s Tech Sector
Navigating the Canadian Immigration Process for High-Net-Worth Individuals: Investment Visas and Beyond
Immigration Legal Services
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