Relocating to Canada from Iran After Initial Rejection

Relocating to Canada from Iran After Initial Rejection

If you are an accomplished business owner residing in Iran, you may be eligible to relocate to Canada by bringing your business to Canada just like our client Mr. Y.M. has recently done. Mr. Y.M. was recently approved to come to Canada to start his company!

Read the full story below.

Background Information

Mr. Y.M. owned a small manufacturing company in Iran that specialized in designing, manufacturing, and selling chandelier solutions. The company had around 10 employees and generated over $230,000 in revenues per year. Y.M. had saved close to $150,000 in savings to invest in his Canadian operations.

Our client retained us to help him to set up his Canadian business and transfer himself and his family to Canada as an owner of his business.

Investment & Relocation Process

Below you will find the investment and relocation process for this case.

Step 1: Company Formation: We assisted Mr. YM in registering his company in Ontario, Canada, so he could start his business in Canada.

Step 2: Business Plan: Next, we assisted Mr. YM in developing a business plan for his newly acquired business.

Step 3: Filing an Immigration Application: Our team filed Mr. YM’s application for a Canadian work permit under the Intra-Company Transfer class. We also requested an Open Work Permit for his spouse and a study permit for his accompanying child.

Step 4: A Negative Decision: Mr. YM’s application was refused on the following grounds:

  • The purpose of your visit to Canada is not consistent with a temporary stay, given the details you have provided in your application.
  • You have not demonstrated that the work would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents as described in R205(a).

We requested the IRCC to provide us with additional information under the Access to Information and Privacy (ATIP) request. According to the ATIP notes, the Officer rejected Mr. Y.M.’s application for the following reasons:

  • The financial information provided was not sufficient proof of the parent company’s financial ability to support the start-up business while continuing to support the parent company’s activities.
  • The applicant has not presented a viable business plan that would represent a significant benefit to Canada, as described in R205(a), because the business plan does not indicate any inventory, equipment, supplies, and/or raw material costs. It is also unclear why payroll totals do not include a full year of salary for the applicant.

Step 5: Our Objection: Upon review of the reasons for the rejection, it became clear to us that the decision was completely unreasonable, and the Officer overlooked or misinterpreted the evidence provided. Mr. Y.M. clearly had funds to expand to Canada, and his business plan was detailed and thorough. The application was well-supported by evidence, and the business plan contained all the information that the Officer stated was “missing.” Our team prepared a 24-page objection letter requesting the IRCC to reconsider the negative decision (at no cost to our client, of course!)

Step 6: Approval: In about 1 month after sending the IRCC our objection letter, we received a letter from the IRCC stating that our client’s application was re-opened and approved! Our client and his family are now coming to Canada to launch their new business! This case has been a great way to end 2022, and we are very happy for our clients!

Timelines

  • April 2022 – Application submitted
  • July 2022 – Negative decision received
  • August 2022 – ATIP requested
  • October 2022 – ATIP received
  • Early November – Objection Letter sent
  • Early December – The Application for Work Permit under C12 (Intra-company Transfer program) was approved.

Congratulations to our client! We wish them tremendous success in Canada!

If you are a business owner from Iran and would like to bring your business to Canada, we are here to help. We know how to win your case even if it is rejected first.