5 stars
25 Combined Years of Canadian Business Immigration Experience | phone +1 416 895 3026

A Reasonable Refusal: A Business Immigration Story and Its Lessons.

We often share success stories, but this time, we’re telling you a different story. It’s not about an easy win or a perfect outcome. This is the story of a refusal, where the immigration officers had good reasons to say no. It’s important to talk about these stories, too, because they teach us just as much, maybe even more, about the journey of moving a business to Canada.

It’s an honest look at the realities of business immigration, a chronicle that may not boast the glory of success but symbolizes the richness of experience and the wisdom that comes with it.

Starting Point: A Turkish Entrepreneur’s Venture into Canada

In 2019, a journey began with a client from Turkiye who had a vision to expand his business, which was focused on promoting health through clean supplements and well-being products. His goal was clear: establish a branch of his business in Canada to better serve his North American clientele, bridging the time zone gap that hindered efficient communication.

With our assistance, he transitioned smoothly to the Canadian business environment, securing a work permit as an Intra-Company Transferee. This first step opened up new opportunities. By 2021, as his work permit was nearing its expiration, he came to us with a new request: he was ready to make Canada his permanent home and sought our help preparing his application for work permit extension and permanent residence.

Review and Submission of the Permanent Residence Application

After reviewing the client’s file, it became clear that the business had not advanced much in Canada. The client attributed this to the challenges brought on by the COVID-19 pandemic and certain personal issues that demanded his attention, which prevented him from achieving significant sales or securing new customers as he had hoped. We expressed our concerns to the client and advised that further progress was necessary for the success of his PR application. Our team provided detailed advice on the steps needed to strengthen his case.

Nevertheless, the client was eager to proceed and instructed us to go ahead with his permanent residence application. We prepared and submitted his application through the Express Entry program using the information available to us. We communicated to IRCC that the pandemic and personal hurdles were the reasons for the slow progress, assuring them that the client was actively working to boost his sales.

The Decision of the Case

The IRCC granted an extension for his work permit but denied his permanent residence application for two main reasons:

  • Insufficient evidence was presented to demonstrate the company’s establishment in Canada.
  • There was a lack of adequate proof to substantiate his role as the company’s president in Canada.

This was a moment of reflection for all involved. It reinforced the essence of business immigration: active engagement in business and the importance of thoroughly documented efforts.

In this case, we find ourselves in the rare position of agreeing with the decision of the IRCC. While we typically advocate fervently for our clients, it’s important to acknowledge when an outcome is fair. The evidence required to meet the IRCC’s stringent criteria was lacking, and as such, we respect their judgment in this instance. This decision has been a sobering reminder that our commitment to our clients includes providing not only support but also candid guidance on the realities of immigration law.

Lessons & Tips

While the case didn’t end in our favour, it’s crucial we don’t let the lessons and wisdom it imparted slip away. Each experience, especially the challenging ones, offers invaluable insights to guide us forward.

Here are the key takeaways:

  • Business immigration is not easy—it requires dedication and effort. Simply starting a business is not enough; you must be actively involved and make real progress to succeed in any business immigration program. Minimal effort or inactivity won’t suffice. It may offer only a minimal chance of success.
  • Document your business activities thoroughly. You need strong evidence to demonstrate to IRCC the work you’ve put into your business.
  • Choose the appropriate National Occupational Classification (NOC) for your role. If your position as President doesn’t meet the operational scale for NOC 00, it’s wiser to select an NOC that accurately reflects your responsibilities. Misrepresenting your role or the business’s status can lead to issues.
  • Keep your business operational throughout your application process and beyond. Closing or neglecting your business can negatively affect your immigration status.

Moving Forward with Resilience

No journey is without its trials, and in the world of immigration, refusals are part of the journey. They teach us, test us, but most importantly, they prepare us for a stronger comeback.

Today, our client remains in Canada, more motivated than ever. He’s building his business with renewed vigour, and we’re confident that he’ll soon be ready to present a robust case to IRCC once more.

Here for You

To all foreign entrepreneurs, remember the road to success is paved with resilience and hard work. We are here to walk that road with you by providing advice that’s not just competent but also sincere.

With honest, caring, and competent guidance, let’s transform your entrepreneurial aspirations into a Canadian reality. It’s better together. Let’s join hands.

Bringing You, Your Talent &
Your Business To Canada

Get started and make your first step towards Canada. Book your 1-hour strategy meeting with a licensed Canadian immigration lawyer.

Immigration to Canada can be very complicated for businesses, business owners, and foreign employees. Hiring business immigration lawyers with the skill, experience, and patience is often crucial to successfully navigating this complex process. The experienced professionals at Sobirovs Law Firm offer tailored legal services in all business and corporate immigration matters. Contact us for more information on how we can help you meet your immigration needs.

We have worked with & represented clients from all walks of life. Always just one call – or click – away, weʼre happy to help you begin your & your familyʼs journey to Canada.

Talk to a Lawyer

Our Clients Say…

Our Lastest Insights

We publish helpful tips about Canadian immigration programs and are happy to share our knowledge with you.
Confident international entrepreneur reviewing documents with a Canadian flag in the background, representing opportunity through the C11 work permit. June 11, 2025

Changes to Canada’s C11 Work Permit in 2025: What Matters and How to Win 

If you're an entrepreneur or self-employed professional planning to build a business in Canada, the C11 work permit might be your gateway. On 27 May...
Canadian and American flags side by side on a boardroom table June 6, 2025

Are Americans Still Welcome in Canada? A Business Immigration Perspective

The phone calls and emails arrive with a familiar refrain: "Given everything that's happening politically, are Americans still actually welcome in Canada?" It's a question...
Smiling entrepreneur reviewing work permit application documents for Canada’s C11 program June 6, 2025

Canada’s New Immigration Direction: Strategic Implications for Foreign Entrepreneurs

In May 2025, Prime Minister Mark Carney announced a new mandate to Canada’s immigration leadership, which focuses on two primary immigration objectives:   bringing immigration...
A man intently looking at his computer screen while researching Canadian immigration programs, symbolizing the importance of understanding PR obligations under the PNP. June 4, 2025

Canada PR Can Be Lost: A Warning for Provincial Nominee Program (PNP) Applicants

Canada Permanent Residency Obligations: What One PNP Case Reminds Business Immigrants Canada’s modern immigration landscape, programs like the Provincial Nominee Program (PNP) offer promising pathways...
A businesswoman reviewing documents at her desk, preparing a strategy to shift from an ICT to a C11 work permit, highlighting her company’s ongoing efforts and contributions to Canada. May 21, 2025

Success Story: From Setback to Second Chance – C11 Renewal for an Entrepreneur from India 

Background  In 2022, our client, Manisha (not real name), arrived in Canada from India under the Intra-Company Transferee (ICT) program. Her goal was to expand...
Business owners reviewing plans and financial reports, appearing concerned about limited results and evaluating their next strategic move. May 21, 2025

Artificial Transaction Explained by the Federal Court

In a recent decision—Le v. Canada (Citizenship and Immigration), 2025 FC 499—the Federal Court made it clear: Canada’s Start-Up Visa Program is meant for real...

Sign Up To Be

The First in Canadian Business Immigration News

This field is for validation purposes and should be left unchanged.