Foreign entrepreneurs with experience in the construction industry may be eligible to use the C11 Entrepreneur pathway to relocate to Canada by starting their own construction business. Our client, Alex (not his real name), an accomplished entrepreneur from Russia with substantial experience in real estate development, has recently launched a real estate development business in Toronto, Ontario. His application to come to Canada to manage his construction business was recently approved by the IRCC. Read his story below.
Background of the Case
Alex, an accomplished entrepreneur with extensive experience in real estate development, sought to establish a business in Canada due to limited opportunities in his home country. With over two decades of experience in creating multi-unit residential and commercial buildings, he aimed to transition his operations to a more stable market, identifying Canada as a viable option. However, Alex’s past interactions with Canadian immigration were fraught with challenges—he had experienced 7 rejections from the IRCC due to the IRCC’s erroneous evaluation of the authenticity of his documents.
When Alex engaged our law firm in 2022, the chances for success for his move to Canada as an entrepreneur seemed low due to an array of complex issues. Our C11 team invested substantial effort to strategize and address the complexities in Alex’s case, which included:
- Transferring business activities from Russia to Canada during stringent financial restrictions for Russian nationals.
- Relocating to Canada with his family members.
- Alex’s dual intent – the desire to work in Canada with the goal of obtaining permanent residence.
- Previous visa rejections based on document credibility.
- Lack of business connections in Canada to start a new venture.
- Alex’s limited English language skills
Given the complexity of Alex’s situation, this case was challenging even for our team, which specializes in business immigration and assists over 200 entrepreneurs in starting a business in Canada each year.
How We Handled This Case: The Process
Please find below the exact process that we followed to approach this case:
Step 1: Setting Case Strategy
After long deliberations, our team was able to come up with a viable strategy to represent Alex in this application. We knew that to get a good result for Alex, we needed to give the immigration officials very clear and strong evidence to support his application. According to the Vavilov decision – a major ruling by the Supreme Court of Canada, immigration officers have to evaluate evidence provided by applicants and provide clear explanations if they decide not to accept it. Consequently, our approach was to present such a robust case that it would be exceedingly difficult for IRCC officers to justify the rejection of our evidence. In addition, our comprehensive plan included presenting clear evidence that would effectively address and mitigate IRCC’s potential concerns about the “weak aspects” of Alex’s case.
Step 2: Developing Business Concept for Profit & Immigration Canada
Once we had a solid plan in place, our business experts focused on crafting a vision for Alex’s venture in Canada. We aimed to create a straightforward and achievable business plan that would tick three important boxes:
- it had to be something Alex could practically implement in Canada
- it needed to fit within Alex’s financial capabilities and
- it had to convince IRCC officers of its substantial benefits to the Canadian economy.
Crafting such a plan was no small task. The Canadian construction industry operates under regulations quite different from those in Russia, with complexities that require a deep understanding for success. This meant Alex faced an uphill battle in breaking into the market without well-connected local partners and insights from industry specialists.
Our in-house business development team took a deep dive into Alex’s past successes in Russia, analyzing the projects he had completed. We aimed to carve out a business path for him that would leverage his strengths in the construction sector. After numerous revisions, thorough market analysis, and exhaustive brainstorming sessions, we pinpointed an underserved yet promising niche: the renovation of medical facilities.
This niche was an excellent match for Alex. He brought valuable experience in constructing, renovating, and managing medical facilities in his home country. Equipped with this insight, our team outlined a market entry strategy for Alex and shaped a robust business concept. This plan not only fitted Alex’s capabilities but also highlighted the clear advantages his business would bring to Canada, making a compelling case for his move.
Step 3: Execution of the Business Plan
After finalizing the business concept with Alex, we faced the crucial task of validating the assumptions in the business plan and helping Alex forge essential connections within Canada’s construction sector. Such in-depth assistance is not typical for C11 work permit applications because entrepreneurs often face restrictions on their activities before arriving in Canada. But Alex’s situation was unique, and the complexities of his case demanded that we present a robust and credible business proposal.
Our team took proactive steps to help Alex build these vital relationships. We leveraged our extensive professional network, introducing him to a spectrum of industry professionals, including real estate developers, institutional investors, builders, renovators, medical clinic managers, and general contractors. These introductions gave Alex the chance to engage directly with industry insiders, gain insights into the Canadian market, and pinpoint opportunities.
Alex secured a significant partnership with a well-established construction firm through this active networking. This collaboration led to his first Canadian contract, undertaking renovations and installing medical equipment for a medium-sized medical facility. This was a tangible step towards establishing his presence in the Canadian construction industry.
Step 4: Immigration Application
After Alex landed his first Canadian client, our team dove into the immigration process. Our lawyers and licensed consultants teamed up with him to gather, organize, and submit his documents to IRCC. We prepared strong legal arguments, highlighting the merits of his application and addressing every potential weakness in his case.
Alex’s application was initially denied despite our efforts to present a compelling case. The authorities were not convinced about the viability of his business in Canada. Moreover, given his citizenship, they were skeptical about his likelihood of returning to Russia after his stay. This outcome was particularly disheartening given that Alex had clearly demonstrated the viability of his business by securing support from industry contacts and customers within Canada. Furthermore, we furnished substantial evidence of Alex’s ties to Russia and thoroughly argued his case for dual intent. The team was deeply disappointed by this decision.
However, Alex was determined not to be deterred. He remained committed to pursuing his Canadian dream and was ready to explore all available legal avenues for a second application. Motivated by Alex’s resolve, we revised our strategy. We advised Alex to apply from a different country with a visa centre known to be more receptive to Russian applicants. This strategic pivot led to success—Alex’s application was approved on the second try! This change of tactic, combined with our comprehensive legal submissions and Alex’s undeterred spirit, ultimately led to the success of his application on the second try.
Some Final Thoughts
Alex’s journey stands as a testament to perseverance and strategic planning in the face of immigration challenges. Following the initial setback of his application’s refusal, Alex’s resolve was tested but not defeated. His commitment to the business venture in Canada, supported by solid evidence of industry support and his experience in the construction industry, was the cornerstone of our strategy.
Alex’s successful reapplication marked not just a personal victory but also a collaborative triumph. It represents the importance of adaptability and persistence in the immigration process. Alex will soon arrive in Canada to build his business and start contributing to the industry with his experience and expertise while enriching the Canadian economy. His story is a good example for aspiring entrepreneurs facing immigration hurdles.
How We Can Help
If you are an entrepreneur and would like to come to Canada through a business immigration pathway, contact us – we are committed to making your plans a reality. We deliver honest, competent and caring business immigration services. Talk to us today.
