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.