Moving to Canada From The US: Business Immigration Guide.

With recent election outcomes and shifting policies in the U.S., many business owners and entrepreneurs are considering new opportunities abroad. If you’re a U.S. national who owns a business, leads a tech company, or has an innovative idea, Canada offers attractive options for those who want to relocate or expand temporarily or permanently.

Did you know that Canada and the U.S. are part of the Canada-United States-Mexico Agreement (CUSMA, formerly NAFTA), which allows nationals of these countries to move across borders on an expedited basis? This agreement makes it even easier for U.S. entrepreneurs and investors to establish or expand their businesses in Canada.

Whether you aim to tap into new markets, enjoy a stable business environment, or establish a long-term presence, this article is for you. Here, we’ll walk through Canada’s top immigration pathways specifically designed to help U.S. entrepreneurs and investors make the move and thrive in Canada.

Option 1: Establishing a Branch or Subsidiary of Your US Business in Canada

If you’re a U.S. business owner thinking about expanding to Canada, setting up a branch or subsidiary here can be a fast and easy way to get started. You could qualify for a work permit through the Intra-Company Transfer (ICT) Program.

Qualifying for the Intra-Company Transfer Program 

To qualify for this option, you should meet the following criteria:

• Business Ownership and Success: You must be a business owner with a successful, operational business in the U.S. that has been active for at least 1-2 years (ideally 3+ years) and is generating revenue. The company’s revenue should ideally be at least CAD 500,000 in the past year.
• Senior Role: You hold a senior executive or managerial position, meaning you currently manage a team of managers or professionals within your business.
• Employment Tenure: You’ve been continuously employed by your own business for at least one year, with a preference for three or more years, and have drawn a salary from the business.
• Active Business Operations: Your business must be actively engaged in commercial activities.

If you meet these eligibility requirements, you can secure a Canadian work permit within two weeks and begin the relocation process as soon as your permit is issued. You can move to Canada with your immediate family: spouses may get open work permits, and children may get study permits.

Steps to Get Your Intra-Company Transfer Work Permit

The steps to establish a branch or subsidiary and secure your work permit are straightforward:

1. Register a Company in Canada: Begin by registering your Canadian entity, which typically takes about 2 weeks from start to finish.
2. Prepare Your Documentation: Gather the necessary personal and business documents to prove eligibility, including proof of your senior role, salary history, and the operational status of your U.S. business.
3. Develop a Business Plan: Outline your Canadian business’s growth and operation strategy. Our team can assist you in preparing a comprehensive business plan tailored to Canadian immigration requirements.
4. Submit Your Application: Submit your complete application with supporting documents to the Canadian immigration authorities.
5. Receive a Decision: Decisions are generally issued within 2 weeks, allowing you to start your transition quickly.

Benefits of the Intra-Company Transfer Program

The ICT pathway offers numerous advantages for U.S. entrepreneurs:

• Speed and Efficiency: The entire process is efficient, and you can relocate within weeks of submitting your application.
• Flexibility of Location: This option allows you to establish your business in any Canadian province. If you want to relocate to Quebec, more considerations might be necessary.
• Family Benefits: Your family members can join you in Canada and access subsidized healthcare and free public education for school-aged children.
• Flexible Residency: While you can live in Canada, you don’t need to be permanently there. This allows you to split time between your U.S. and Canadian operations or travel internationally.
• Pathway to Permanent Residency: After one year of running your Canadian business, you may become eligible for permanent residency, depending on your business’s success and other eligibility factors.

Challenges of the Intra-Company Transfer Program

Consider the following challenges with this option:

• Operational Requirements in Both Countries: Your U.S. and Canadian businesses must remain active and operational throughout your time in Canada.
• Scaling Requirements for PR: Transitioning to permanent residency may be complicated if your Canadian business does not achieve a certain scale (typically 5-7 employees), often needed to demonstrate the business’s viability for long-term residency.

By establishing a Canadian branch, you can enjoy Canada’s stable business environment while positioning yourself for future growth. This option is ideal for established U.S. business owners ready to expand their existing businesses to Canada.

Option 2: Buying a Canadian Business as a U.S. Investor

For U.S. nationals with access to capital and an interest in managing a business in Canada, investing in an existing Canadian business offers a direct route to relocation. Under the CUSMA Investor category, this pathway enables you to acquire and actively manage a Canadian business, bringing your expertise and vision to the Canadian market.

Investor Eligibility Requirements

To qualify as an investor, you must meet these criteria:

• Access to Capital: You have a minimum of CAD $200,000 (though more capital improves the range and quality of businesses you can consider for purchase).
• Business Ownership and Management Intent: You intend to buy and actively manage the business you invest in, taking on a leadership role.
• Holding Valid US Citizenship: As a U.S. national, you can apply under the CUSMA Investor category, benefiting from expedited processing times.

With this eligibility, you can obtain a renewable two-year work permit, allowing you to establish your business in Canada for the long term.

Steps to Relocate as a U.S. Investor

Here’s a step-by-step guide to the investment process:

1. Find a Business: Identify a Canadian business for purchase. Our team can assist you in sourcing and evaluating suitable businesses across Canada.
2. Register a Company and Deposit Initial Investment: Establish a Canadian entity and deposit your initial investment to demonstrate your commitment to purchasing an existing business.
3. Sign a Letter of Intent (LOI) and Conduct Due Diligence: Secure the business with an LOI and proceed with a thorough due diligence process on the target Canadian business.
4. Apply for a Work Permit as an Investor: Submit your work permit application under the CUSMA Investor category, including proof of investment.
5. Get Approval and Complete the Purchase: Once your work permit is approved (usually within two weeks), finalize the acquisition and begin managing the business.

Benefits of Investing in a Canadian Business

This investment pathway shares many advantages with the options above, including fast processing, flexibility in choosing your location, family benefits with access to healthcare and education, and a potential pathway to permanent residency. Additionally, it offers unique advantages for investors, including flexibility in investment choices—such as franchises, construction projects, or commercial real estate—and no requirement for prior business ownership experience, making it accessible to a broader range of professionals.

Challenges of Investing in a Canadian Business

However, there are some key challenges with this pathway. The initial investment can be substantial, typically starting at CAD $200,000, and finding the right business opportunity requires time and thorough due diligence to mitigate risks. Furthermore, permanent residency may be more challenging to obtain if the business does not reach a certain scale, as growth and job creation are often critical for demonstrating the business’s long-term viability in Canada.

Option 3: Relocating as a U.S. Self-Employed Professional 

The Self-Employed Program under the C11 category offers an alternative pathway for those with unique skills or entrepreneurial ideas that bring cultural, economic, or social benefits. This option is well-suited for tech entrepreneurs, authors, artists, athletes, freelancers, and innovators working on projects in sustainability, healthcare, and other socially important sectors.

C11 Work Permit Eligibility for US Citizens

To qualify as a self-employed individual, consider these criteria:

• Solid Business Proposal or Unique Project: You are a tech entrepreneur, freelancer, artist, athlete, or professional with a unique skill set, and you have a business idea with significant potential to benefit Canada. Your skills, project, or business idea should demonstrate clear benefits to Canada’s economy, society, or culture, qualifying you under the C11 Entrepreneur category. For example, such benefits could be creating jobs, supporting economic development in rural or regional areas, enriching the social or cultural lives of Canadians, or addressing social and environmental challenges. 
• Relevant Experience: You have a proven track record or specialized experience in your field, whether as a tech entrepreneur, freelancer, artist, athlete, or professional with unique skills.
• Access to Capital: Typically, we recommend having access to at least CAD $300,000 to support establishing your business in Canada. However, in our experience, we have successfully assisted self-employed professionals with lower capital who had Canadian clients or projects with strong potential for social impact.

Meeting these criteria allows you to apply for a work permit that supports your entry into Canada to develop your project or business.

Steps to Get a C11 Work Permit for US Citizens

To become a self-employed professional or entrepreneur in Canada, follow these steps:

1. Prepare a Business Plan or Project Proposal: Develop a business plan that outlines your intended contributions to Canada, whether cultural, economic, or social.
2. Register Your Canadian Entity: Set up your business in Canada and ensure you have adequate capital to operate.
3. Gather Documentation: Prepare relevant documents, including proof of expertise, capital availability, and business plan.
4. Apply for the C11 Work Permit: Submit your application under the C11 category, showing your business’s or project’s potential benefits to Canada.
5. Receive Approval and Begin Operations: Once approved, relocate to Canada to develop and grow your business or project.

Benefits of the C11 Work Permit

This pathway offers similar advantages to those listed above, including fast processing, flexibility in choosing your location, the ability to bring your family and gain access to healthcare and education, and the potential to transition to permanent residency if your business demonstrates sustainability and growth.

Challenges of the C11 Work Permit

One key disadvantage of this pathway is that applications under this category are highly discretionary. You must provide robust and well-documented evidence to demonstrate that your business or project will bring a significant benefit to Canada, whether through economic, social, or cultural contributions.

Conclusion

For businesspeople in the U.S. considering a move to Canada, rest assured that there are several viable pathways to help you establish yourself and your business north of the border. Thanks to the CUSMA agreement, U.S. nationals have the advantage of expedited processes, allowing for a faster and smoother transition to Canada. We’ve outlined some key options here, but even more opportunities are available. If you’re ready to explore your options further, reach out to us—we’re here to guide you every step of the way.

You can read more about other options at this link.

Ready to Make Your Move?

Relocating your business to Canada opens a world of opportunities. At Sobirovs Law Firm, we specialize in helping U.S. entrepreneurs and investors navigate the complexities of Canadian immigration. Our experienced team provides personalized guidance, ensuring a smooth and efficient transition for you and your business. Whether you’re expanding your existing business, investing in a new venture, or pursuing a self-employed path, we’re here to support your success in Canada. Contact us today for a consultation, and let us help you achieve your Canadian business dreams.