To be eligible to work in Canada, most foreign nationals require a work permit. However, there are some exceptions, such as business visitors, some student workers, and individuals working in specific occupations like performing artists or athletes. To apply for a work permit, most candidates will require a Canadian job offer supported by a Labour Market Impact Assessment (LMIA). Some exceptions to this requirement include recent graduates from a Canadian Designated Learning Institute (DLI) or the spouse of someone already on a work or study permit.
There are multiple options available for foreign business people interested in buying or starting a business in Canada. Under Canada’s federal and provincial laws governing corporations, a non-resident or foreign entrepreneur or investor may register a company in Canada from scratch or by setting up a branch office or creating a subsidiary company in Canada. Many buyers also choose to acquire an existing business, such as manufacturing companies or private equity firms, as part of their entry strategy. Franchises are another attractive option, offering brand recognition and established business models, which can be especially advantageous for foreign buyers. However, first, you will have to decide whether you wish to start a business in Canada by immigrating or without living in Canada. Business immigration programs in Canada offer pathways for individuals to obtain permanent residence, either immediately upon starting a business or after a year of operation. These programs are a means for experienced businesspeople to immigrate by investing in or purchasing a business, and it is important to understand the eligibility and processes involved. Businesses that generate significant benefits for Canada may also facilitate faster immigration pathways for applicants.
Canada has several immigration pathways designed to attract wealthy business immigrants. One such pathway is the Owner-Operator program, which allows foreign investors to invest in a business in Canada and move there to operate it.
Below, you will find important information about this pathway as well as answers to the most commonly asked questions.
Service Canada announced that they are completely revising the Owner-Operator LMIA program, learn more in our article detailing the cancellation and contact us to learn more about your options in Canada.
Yes, it is possible to own a business in Canada while being on a tourist visa. However, you will have to meet certain requirements and the laws differ depending on the type of business you buy as well as the province in which it will operate. Our team can assist you in finding a suitable business in Canada and buying an existing business in Canada or establishing your business from scratch.
The Provincial Nominee Program works in two stages.
The Provincial Nominee Program (PNP) lets provinces and territories nominate people for Canadian permanent residence based on their own labour market and economic needs. It is not one program — each participating jurisdiction runs its own streams, with its own criteria, and PNP itself splits into two structurally different pathways depending on whether a nomination is linked to Express Entry.
Immigrating to Canada using a PNP is generally not recommended as the best option by the Sobirovs team, given the average of two to four years to complete the application process, higher required investment amounts, increased competitiveness among applicants, and the bureaucratic nature of the process. While the PNP Canada immigration route may not be optimal, some programs are simpler to apply for than others, depending upon the individual entrepreneur applying for the program, as well as his or her expertise, work experience, and other factors.
Short answer: most Start-Up Visa refusals came down to one of six grounds — the business was not accepted as genuine, the applicant’s role in it was not established, there were concerns about the designated organization, a hard eligibility requirement was missed, documents were incomplete or inconsistent, or IRCC found a misrepresentation. Which one applies to you determines what you can still do about it, and the grounds are not equally fixable.
Applying for a Start-Up Visa in Canada involves a series of steps including:
1. Obtain the support of a designated investment organization, such as a venture capital fund or angel investor in Canada. This process may take a few months or over a year depending on the organization and the specific applicant.
The Canadian Start-Up Visa Program allows innovative foreign entrepreneurs to obtain permanent residence in Canada while establishing a start-up business. Unlike other immigration programs offered by Canada for foreign entrepreneurs, the Start-Up Visa does not require any minimum investment by the immigrant. Further, the foreign entrepreneur can choose to live anywhere in Canada under this program, rather than a specific province as under the Provincial Nominee Program. Finally, the Start-Up Visa Program allows recipients to live in Canada as permanent residents for three years, before then also becoming eligible to apply for Canadian citizenship and a Canadian passport. If the foreign entrepreneur has a spouse and children, they may follow similar steps to become Canadian citizens.
The Start-Up Visa Program allows immigrant entrepreneurs to start innovative businesses that will increase employment opportunities in Canada. The Start-Up Visa assists entrepreneurs who are new to Canada in overcoming the challenges of successfully starting a business in a new country while also obtaining a temporary visa or permanent residency. This program also allows business owners to be more competitive on a global scale by operating a business within Canada’s growing economy supported by one of the most highly educated workforces in the world.
Canada’s Self-Employed Program is designed to streamline the immigration process for individuals who are motivated and can make unique contributions to the Canadian economy, and have relevant experience in farm management, athletics, or cultural activities. Applicants to this program must also possess the ability and intention to create a business after entering Canada that will at least create employment for themselves, while ideally creating additional jobs and benefits to Canada.
A Labour Market Impact Assessment (LMIA) may be required for an employer in Canada seeking to hire a foreign worker. However, there are some exemptions your company may be eligible for. An LMIA indicates whether there is a need for a temporary foreign worker and whether there are no Canadians or permanent residents available for the position. If both of these initial criteria are met, you may be granted a positive LMIA, or confirmation letter, which will allow you to then hire a foreign worker.
If you are a work permit holder in Canada, you may be eligible to apply for permanent residency via the Express Entry system.
There are three Express Entry programs with varying requirements: the Canadian Experience Class, the Federal Skilled Worker Program, and the Federal Skilled Trades Program. These programs are for skilled workers seeking permanent residence in Canada. Skilled work is classified as managerial, professional, or skilled trade and technical jobs.
Canada offers two broad types of work permits for foreign workers: job-specific work permits and open work permits, both of which are intended to be temporary.
All work permits have a set duration, and a foreign worker may only work four years, continuously or cumulatively, at which point they will have to remain outside of Canada for four years before being allowed to work in Canada again. However, obtaining a work permit may help you along the route to permanent residence through the Express Entry program or the Skilled Workers Program, as these programs require multiple years of experience and working in Canada give you clear advantages in these immigration programs.
Canada’s Self-Employed Program is designed to attract foreign workers with experience in athletics, agricultural industries, or cultural activities who can contribute to the Canadian economy. Notably, this program is applicable to all Canadian provinces or territories except Quebec which operates its own Self-Employed Program.
