The Canadian government allows entrepreneurs who have applied for Canadian permanent residency under the Start-Up Visa (SUV) program to obtain three-year open work permits instead of employer-specific permits. This new open work permit, allows SUV applicants to work for any employer in Canada to supplement their income while they continue developing their start-up projects in Canada.
This comprehensive guide will walk you through the updated SUV open work permit process, explain the recent policy changes, and provide detailed instructions on how to navigate the new requirements successfully.
Who Can Apply for a New SUV Open Work Permit
Only essential members of start-up’s entrepreneurial team (as indicated in the Commitment Certificate) with pending applications for permanent residence are eligible to apply for the new SUV Open Work Permit.
In addition, all essential members of the group must have pending permanent residence applications. This collective requirement ensures that the entire entrepreneurial team is committed to the Canadian immigration process and prevents situations where only some team members obtain work authorization.
Eligibility Criteria
To qualify for an open work permit under the Canada Start-Up Visa program, applicants must meet several specific eligibility criteria established under the new policy framework.
- Commitment Certificate and Letter of Support: You must have received a commitment certificate for your start-up business.
- Pending Permanent Residence Application: You must have a SUV permanent residence application that is currently pending with IRCC. This application must have been submitted while your commitment certificate was
- Essential Team Member Status: You must be designated as an essential member of your start-up’s entrepreneurial team as indicated in your commitment certificate. This designation is not negotiable and must be clearly documented in your supporting materials.
- Geographic Restrictions: You must intend to reside in a province or territory other than Quebec.
- Language Requirements: You must demonstrate language proficiency at a level CLB 5 in all four language skill areas (speaking, listening, reading, and writing)
- Personal Support Funds: You must demonstrate sufficient liquid funds to meet the Low Income Cut-Off (LICO) for your family size for a minimum of 52 weeks. These funds must be readily available and separate from any money you plan to invest in your business.
- Business Investment Funds: You must have sufficient liquid funds to meet your investment commitments in the start-up business as outlined in your business plan and commitment certificate. These funds must be available, transferable, and unencumbered, allowing you to fulfill your financial obligations to the business.
Benefits of the SUV Open Work Permit
The Start-Up Visa Open Work Permit offers a range of benefits that provide both flexibility and support for entrepreneurs building their businesses in Canada.
- Work for Any Employer: You can supplement your income by working for any employer while developing your start-up.
- Bring Your Family: You can bring your spouse and unmarried children under the age of 22 to reside with you in Canada. Your spouse may also get an open work permit and work in Canada.
- Free Education For Children: Children under 18 can attend public schools in Canada for free.
- Start Another Business: You have the flexibility to start another business, but be mindful of your commitment to your start-up business.
- Access to Healthcare: Benefit from Canada’s subsidized healthcare system for yourself and your family members.
What Documents Are Required for the SUV Open Work Permit?
To apply for an open work permit under the Start-Up Visa program, SUV applicants must submit comprehensive documentation that demonstrates their eligibility and supports their application. The following represents the complete list of required documents based on current IRCC policy.
1. Proof of Permanent Residence Application Submission
You must provide evidence that you have submitted your SUV permanent residence application. IRCC accepts several forms of proof to accommodate different application submission methods and timing:
- Acknowledgement of Receipt: A letter from the IRCC confirming the submission of PR application;
- Courier Receipt and Payment Proof: For permanent residence applications submitted before September 23, 2022, you may provide the tracking receipt or number from a courier service along with proof of payment of application fees.
- Online Portal Confirmation: For permanent residence applications submitted after September 23, 2022, you may provide a copy of the email confirming that your application was submitted through the online portal, accompanied by proof of payment of application fees.
IRCC System Confirmation: Immigration officers may also verify directly through the IRCC system that your permanent residence application was received and remains pending.
2. Letter of Support Documentation
You must provide a completed Letter of Support [IMM 0211] from the designated entity that supported your permanent residence application. This document must have been valid at the time your permanent residence application was received by IRCC. It must clearly confirm that you are designated as an essential member of the start-up business.
3. Team Member Documentation Requirements
If you are part of a start-up ownership group, you must provide proof that all designated essential members in the group have submitted SUV permanent residence applications. For each essential team member, you must provide the same types of proof of application submission outlined above.
4. Language Proficiency Documentation
You must submit copy of your language test results demonstrating proficiency in English or French. The test results must show achievement of CLB Level 5 in all four language skill areas (speaking, listening, reading, and writing).
5. Proof of Personal Support Funds
You must provide evidence that you can support yourself and your family for 52 weeks in Canada according to the LICO requirements for your family size. This documentation must demonstrate that the funds are liquid, available, and separate from any money being invested in your business.
Acceptable proof includes bank statements, investment account statements, or other financial documents that clearly show the availability and accessibility of the required funds. Officers will focus on the liquidity of the funds and their source, particularly if you have unexplained large deposits in your accounts.
6. Proof of Investment Funds
You must demonstrate that you have available liquid funds to start your business in Canada according to your business plan and the initial investment amount specified in your commitment certificate. These funds must be available, transferable, and unencumbered. The investment funds must be clearly separate from your personal support funds, and you must be able to demonstrate that investing these funds in your business will not compromise your ability to support yourself and your family during your initial period in Canada.
How To Apply for the SUV Open Work Permit
Step 1: Submit Your Permanent Residency Application: Apply for permanent residence under the SUV program before your Letter of Support expires. Ensure you are named essential member(s) in the Commitment Certificate, detailing why the urgent presence of those members in Canada is required.
Step 2: Collect Your Documents: Using the list above, collect all the required documents, arrange the translations in English or French and organize them in PDF format not exceeding 4 MB. Pay attention to the following documents:
- Proof of investment funds: your funds must be available, transferable, and unencumbered. Officers will focus on the liquidity of your funds and their source. If you have unexplained large sum deposits in your bank account, explain the source of funds for these deposits and provide evidence.
- Ensure your passport has at least three years of validity. If not, the work permit duration may be limited to your passport’s expiry date.
- Include evidence about the ties to your home country, such as assets you own, family ties (make sure to complete Family Information Form IMM 5645), and other obligations to strengthen your case.
- Conduct an upfront medical examination and obtain police certificates from countries where you’ve lived for more than six months.
Step 3: Create an Online Profile: Use the IRCC portal to create a temporary residence profile and upload all your collected documents according to the checklist generated by the IRCC.
Step 4: Complete Biometrics: If you haven’t done biometrics before, complete this step when instructed by the IRCC.
Step 5: Wait for a Decision: After submitting all documents, wait for IRCC to approve your application. Once approved, you will receive Port of Entry (POE) letters allowing you to travel to Canada.
Common Reasons for Refusing SUV Open Work Permits
Based on our review of recent Federal Court decisions and Start-Up Visa (SUV) work permit refusals, we’ve identified three key reasons why many applications are denied:
- Insufficient Financial Documentation: Many applications fail because officers aren’t satisfied with the proof of available funds. It’s not enough to meet the basic Low Income Cut-Off (LICO) for personal support — applicants must also show that their investment funds are substantial, clearly sourced, and liquid. There is no fixed minimum amount for investment under the SUV program, so officers use their discretion. That’s why it’s essential to provide a clear explanation of why your investment level makes sense for your business, along with detailed bank records showing where the money came from, how it can be transferred, and how it is separate from your personal living funds.
- Weak Evidence of Dual Intent and Home Country Ties: Even though the SUV leads to permanent residence, applicants must still show they will leave Canada if their PR application fails. Officers want to see proof of strong ties to your home country — such as property, employment offers, active businesses, financial obligations, or close family relationships. Without this, your application may be refused over concerns that you won’t respect your temporary status.
- Lack of Proof You Can Do the Job: Officers often refuse applications because they don’t see enough evidence that the applicant has the experience or skills needed for their start-up role. A basic reference letter is not enough. Applicants must submit strong proof like detailed resumes, past project examples, professional certificates, and third-party confirmations that show they are qualified for the position — whether as a CTO, business lead, or other key role.
SUV Open Work Permit: What to Do After Arrival in Canada
Once you land in Canada under the Start-Up Visa program, it’s crucial to take immediate and consistent action to show that your business is real and active. Immigration officers will assess your progress when reviewing your permanent residence application. To stay on track:
- Start business operations right away: Incorporate your company, open a business bank account, and begin executing your business plan.
- Work on product or service development: Show tangible progress—build a prototype, run beta tests, or launch a minimum viable product (MVP).
- Keep detailed records: Document meetings, development milestones, marketing activities, and client outreach.
To demonstrate your role and long-term viability:
- Prove your active involvement: If you lack technical skills, hire experts and maintain contracts or invoices to show their role.
- Secure intellectual property: File for patents or trademarks, or document trade secrets properly under Canadian law.
- Respond to IRCC clearly and completely: Address all requests for information with transparency and credible supporting documents.
Taking these steps helps prove your business is genuine—not just a vehicle for immigration—and increases your chances of permanent residence approval.
How Sobirovs Can Help
Sobirovs Law Firm can expertly guide you through the complexities of the Start-Up Visa Open Work Permit application process. Our team will meticulously review your eligibility, assist in gathering the required documentation, and provide strategic advice to maximize your chances of approval. With our in-depth knowledge of Canadian immigration law and a proven track record of success, we will handle your Start-Up Visa application with the utmost care and professionalism, ensuring a smooth and efficient process. Let Sobirovs Law Firm be your trusted partner in achieving your entrepreneurial dreams in Canada. Talk to our senior lawyer today.
Frequently Asked Questions about the SUV Open Work Permits
What is the significant benefit, and how can it be shown for the SUV Open Work Permit?
A “significant benefit” to Canada under the Startup Visa program includes creating jobs, innovating products or services, boosting remote (rural) economies, or offering training opportunities to Canadians. To prove this, applicants should provide supporting documents showing their entrepreneurial experience and how their business will create at least one of these benefits.
It is crucial to include these documents in your work permit application to avoid a refusal.
How much investment do I need to show to get the SUV Open Work Permit?
As part of your application for an open work permit under Canada’s Start-Up Visa program, you must provide proof of funds to demonstrate you have enough liquid assets to start your business in Canada. This amount should align with the details of your business plan and reflect the initial investment necessary for your share of the business. These funds must be separate from personal living expenses and demonstrate that you can cover business start-up costs.
For example, if your business plan indicates that in Phase 1 of your start-up project, you will focus on developing a Minimum Viable Product (MVP) and the projected operational costs are roughly $200,000 in Years 1 & 2, covering payments for IT professionals and market research, you must show that (a) the company has the necessary funds to start the operations in Canada; and (b) you have liquid funds proportional to your share.
Thus, if you own 10% shares in the start-up, you need to show proof of at least $20,000 in liquid assets. Additionally, you must provide evidence that the remaining $180,000 has been deposited in the company’s bank account, or it will come from other shareholders, including their bank statements.
Can I show assets instead of liquid funds as proof of funds for the SUV open work permit?
No, you must prove that your funds are liquid, transferable, and unencumbered. Assets like property or investments may not meet these criteria.
Do I have to show the source of investment funds for the SUV open work permit?
Yes, you need to provide evidence of where your investment funds come from and ensure they are accessible and legitimate.
Can my SUV open work permit application be rejected even if I meet the eligibility criteria?
Yes. Even if you meet the eligibility criteria, your application can be rejected based on other factors, such as incomplete documentation, inadmissibility, or lack of ties to your home country.
Can my family join me under the SUV open work permit?
Yes. Your spouse can apply for an open work permit, and your children can accompany you to Canada and attend public school.
I have a closed work permit; can I now apply for an SUV open work permit?
Yes, you can apply for the new SUV open work permit, provided you meet the necessary conditions outlined above, have applied for permanent residency under the SUV program, received your AOR, and have sufficient funds to support yourself, your family, and your business.
I am not an essential member of the SUV project; can I still apply for the new SUV open work permit?
No. Only essential start-up team members, as named in the Commitment Certificate, can apply for the SUV open work permit. However, you can apply under a different work permit category to join your team in Canada if necessary.
Can I travel while holding an open work permit?
Yes, you can travel in and out of Canada with an open work permit, but ensure your work permit and any associated visas are valid.