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.
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.
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.
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.
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.
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:
IRCC System Confirmation: Immigration officers may also verify directly through the IRCC system that your permanent residence application was received and remains pending.
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.
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.
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).
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.
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.
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:
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.
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:
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:
To demonstrate your role and long-term viability:
Taking these steps helps prove your business is genuine—not just a vehicle for immigration—and increases your chances of permanent residence approval.
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.
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.
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