Our client, a self-employed financial consultant, approached us in 2019 with a request to assist him in getting permanent residence in Canada through business immigration programs. He was running his own financial consulting and risk management business, while his wife – a professional architect, had her own business related to construction project management and interior design. Both were accomplished professionals with advanced education, strong English language skills and business acumen. The couple was residing in Alberta, Canada, as temporary residents while the wife was undertaking a short educational course. They wanted to set up their consulting business in Canada and apply for permanent residence through their own business.
To accomplish the client’s objectives of settling in Canada permanently through business ownership, we have developed the following immigration plan:
- Step 1: Set up the client’s company in Alberta, Canada;
- Step 2: Apply for LMIA as a business owner in Canada;
- Step 3: Change the client’s status from a student in Canada to a Foreign Worker as an owner of a business;
- Step 4: Apply for permanent residence in Canada using the Federal Skilled Worker program under the Express Entry stream with a job offer in Canada (200 CRS points);
- Step 5: Transition to Permanent Residence.
As for the business activities, the clients intended to operate a business that would provide a full suite of design, general contracting, staging, renovation, and property management services in Calgary, Alberta. The couple intended to own this business together and leverage their joint strengths and experience in construction & financial consulting services to operate their business. We have assisted the clients in developing their business idea further and suggested ways to properly attract customers across Canada while based in Calgary. Our team has developed a business plan to reflect the client’s business vision and immigration strategy.
The Challenges We Faced
We faced several challenges while executing our business and immigration strategies:
- First, the COVID-19 pandemic started shortly after we secured a positive LMIA decision. The client’s business was negatively affected, and he lost his initial customers and employees. The business was not doing good for almost 2 years.
- Next, the IRCC suspended selection draws for Federal Skilled Worker applicants for almost 1 year.
- Lastly, the Express Entry processing times have increased from 6 months to almost 2 years. The long wait was soul-crashing, and the couple could not properly plan their or children’s lives in Canada.
We dealt with these challenges patiently, adjusting and modifying our strategy based on new circumstances and uncertainties. Our clients were very anxious and stressed, but understanding and cooperating with us to resolve each issue we had along the way.
The Outcome of the Case
In August 2022, our clients finally landed in Canada as permanent residents. Their Express Entry application was approved due to a job offer their received from their own business in Canada. Although the business didn’t do well during the pandemic in the past 2 years, this nevertheless did not affect their permanent residence application. We were relieved, happy and grateful for this opportunity to help this wonderful couple to settle in Canada.
What We Learned from this Case
This case tested our patience, perseverance, and ability to stay focused on our client’s goals in the face of uncertainty, global pandemic, long delays and rapid changes in immigration law. However, this case has also taught us how to effectively deal with the IRCC’s delays and expedite decision-making with the Express Entry applications when it’s taking too long. It also taught us how to present a business case when everything is failing and the business is not doing great. Lastly, it taught us how to support our clients when we are going through such tough, uncertain, and stressful times. We will be forever grateful to our clients for their patience, cooperation, and learning in this journey. We wish them all the best in Canada!
Frequently Asked Questions
This case can also answer 2 frequently asked questions for our clients:
If my business is not doing good in Canada, can I still get permanent residence?
Yes, as long as it is genuine and you are putting effort into turning it into success. Your permanent residence is not contingent on your business success, but it is contingent on your active efforts to make that business a success.
What if my business is still small? Can I still get 200 CRS points in the Express Entry?
While the size of the business is undoubtedly a factor that the immigration authorities will assess, it is never the only determinant of your success under the Express Entry program. The critical requirement is to perform duties that match the senior executive role and not the company’s size. If you perform the duties of a senior executive and run your business by managing professionals or managers, you can still get your 200 CRS points for arranged employment in Canada.
Timeline of the Case
- October 2019: We have been retained by clients to assist them with their applications.
- November 26, 2019: LMIA application was filed
- March 5, 2020: LMIA was approved
- April 7, 2020: Profile for the Express Entry was submitted
- July 8, 2020: Invitation to Apply was received (CRS score: 500)
- August 12, 2020: Application for permanent residence was submitted
- December 2020: Work Permit application to work in Canada as a business owner was approved
- October 2020: Additional information about business ownership was requested by the IRCC
- December 2020 – May 2022: The application was in process. We filed many ATIP requests, follow-ups, requests to expedite, webform updates, letters to the IRCC program officers etc. Nothing worked.
- May 9, 2022: Application to Federal Court (Mandamus) requesting an Order to compel the IRCC to decide on the client’s application.
- July 1, 2022: The settlement offer was negotiated with the IRCC’s counsel.
- July 18, 2022: Application for permanent residence was approved.
Why You Should Choose Sobirovs as Advisors for Your Tech & Business Immigration to Canada
As business immigration lawyers, we want our clients to succeed in Canada. We want them to succeed from the business perspective as well as from an immigration perspective. At Sobirovs, we provide full-service business immigration guidance, from the initial application to receiving permanent residence in Canada. We have helped numerous clients achieve their business goals as well as secure permanent residence for themselves and their families.
Take these 3 steps to learn more about your business immigration possibilities, and let’s team up to achieve your goals today:
- Step 1: Check your eligibility for business immigration programs using our Free Instant Assessment tool.
- Step 2: Check our fees using our Fee Calculator. Don’t worry if the fees estimated by the Fee Calculator seem too high. We can give you a discount if your case is strong.
- Step 3: Book a 1-hour Strategy Meeting with our senior business immigration lawyer to discuss your immigration case in more detail. If we take you as our next client after this meeting, the fee you paid for the meeting will be applied towards our legal retainer.