This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

The Process for Determining Admissibility

The processing office is responsible for determining whether an applicant is a member of the class or not. Once it has ascertained that the applicant is a member of the class, the principal applicant and the principal applicant’s family members would need to clear the prescribed medical, security and criminal checks. This is applicable regardless of whether the family members are accompanying the principal applicant or not.

Officers might need to obtain detailed information about determining admissibility. For this, they would need to refer to ENF 2 / OP 18 – Evaluating Inadmissibility.

The Process for Approving the Application

Situations could arise where certain approved applicants live outside of Canada. In this scenario, the officers would need to send the Confirmation of Permanent Residence (CoPR) and the permanent resident visa (if applicable) to the applicant’s address outside of Canada.

The authorities require visa officers to avoid issuing a permanent resident visa counterfoil to applicants who have passports issued by:

• The United States of America or,

• A country specified in R190 (1) (a) or (b), 190 (2) (b) to 190 (2) (f) or R190 (2.1) (refer to the section titled ‘The Visa Exemption Guidelines’ that follows subsequently in this document)

However, the officers could request the applicant to provide the applicant’s original passport in these situations for further review.

In some cases, an officer might approve an application from a temporary resident in Canada, who is a member of a class referred to in R70 (2) (a) or R70 (2) (b) – refer to the section titled ‘The Guidelines for Issuing Permanent Resident Visas to Foreign Nationals’ that follows subsequently in this document. In this scenario, the officers would need to:

• Send the Confirmation of Permanent Residence (CoPR) and permanent resident visa counterfoil (if applicable) to the applicant’s address in Canada and,

• Inform the applicant that, in order to become a permanent resident, the applicants would need to either:

  • Present the Confirmation of Permanent Residence (CoPR) and permanent resident visa counterfoil (if applicable) to an officer at a Canadian port of entry or,

  • Contact the Citizenship and Immigration Canada (CIC) Call Centre for requesting for an appointment at a local Citizenship and Immigration Canada (CIC) office, with the applicant’s family members if applicable

    • This is in accordance with the provisions specified in R71.1 (2) – refer to the section titled ‘The Guidelines for Foreign Nationals in and Outside Canada’ that follows subsequently in this document.

Thereafter, the processing offices would need to send an e-mail to the Operational Management and Coordination (OMC) mailbox. This is necessary for advising that the officers have approved an Immigrant Investor Venture Capital (IIVC) application.

The Process for Refusing the Application

The officers would need to provide all refused applicants in the class with a formal refusal letter. The refusal letter would need to:

• Inform the applicant of the immigration class in which the authorities considered the applicant’s application

• Explain in detail to the applicant why the authorities have refused the application in that class and,

• Inform the applicants who have paid the Right of Permanent Residence Fee (RPRF) that they:

  • Are entitled to receive a refund of this fee and,

  • Could expect to receive this refund within an approximate timeframe

Thereafter, the processing offices would need to send an e-mail to the Operational Management and Coordination (OMC) mailbox. This is necessary for advising that the officers have refused an Immigrant Investor Venture Capital (IIVC) application.

The Process for Returning and Refunding the Waitlist Applications

Citizenship and Immigration Canada (CIC) will issue permanent resident visas to all eligible applicants who have obtained the approval of the authorities. Thereafter, the officers of Citizenship and Immigration Canada (CIC) would need to return all the applications on the waitlist to the applicants. In addition, they would need to provide a full refund to these applicants.

• Visa Exemption Guidelines – IIVC
• The Guidelines for Issuing Permanent Resident Visas to Foreign Nationals
• The Guidelines for Foreign Nationals in and Outside Canada

This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

The processing office bears the responsibility for assessing the applicant against the prescribed requirements that follow. The officers would need to evaluate the application based on the information and documents provided in it. It is worth mentioning that applicants would need to meet all of the prescribed requirements. Only then would the authorities consider approving the applications.

The Prescribed Requirements – The Net Worth

The authorities require the applicants to demonstrate that they have a lawfully acquired net worth of at least $10 million Canadian dollars. In addition, they would need to show that they have derived this net worth from a business or investment activity. This is in accordance with the provisions specified in MI 2 (2) (a).

Therefore, applicants would need to provide due diligence reports obtained from the designated service providers. These due diligence reports would need to exhibit that the applicants meet the prescribed net worth requirements. This is in accordance with the provisions specified in MI 3 (a). This report would need to be the result of an independent examination and validation of:

• The applicant’s past business and / or investment activity

• The applicant’s source of funds and,

• The applicant’s net worth

More importantly, this report would typically have its base in the information submitted by the applicants to the designated service provider.

The due diligence report would need to include the designated service provider’s opinion about the net worth of the applicants. In addition, it would need to specify whether the applicant derived this net worth via lawful, private sector business or investment activities. In addition, it will also need to identify any potential concerns for consideration by the officers.

Thereafter, the designated service provider would need to provide the assessment of the applicants’ net worth in the due diligence reports. However, it is worth highlighting that this due diligence report is not conclusive evidence that the applicants meet the prescribed net worth requirements. Situations could arise where officers have concerns about the source of funds or the net worth of the applicants. In this scenario, the officers would need to communicate their concerns to the applicants. In addition, they would need to provide the applicants with the appropriate opportunities for responding to those concerns. The officers might even require the production of any documentation related to the applicants for the purpose of evaluating the applications for permanent residence as members of this class. This is in accordance with the provisions specified in MI 4.

The Guidelines for Determining Net Worth Derived from Business or Investment Activity

Applicants would need to demonstrate that they have acquired their net worth lawfully through their past business or investment related activities.

It is worth highlighting that the definition of “business or investment activity” is not overly prescriptive. As such, it does not serve to unduly limit the pool of prospective applicants under this class. This, in turn, allows Canada to attract candidates with a diverse range of business and investment experience.

Because of this, officers have the flexibility to consider an assortment of applicant profiles in terms of the nature and breadth of business or investment activities through which an applicant has lawfully acquired their net worth. For instance, business or investment activity could include income or capital gains typically derived from the ownership or management of commercial, for-profit entities. Alternatively, business or investment activity could include financial returns acquired through various private sector activities as well. Such private sector activities could generally include public equity investments or private equity placements.

Note:

• It is worth highlighting that the authorities do not count net worth derived through inheritance or the value of the applicant’s primary residence towards meeting the prescribed net worth requirements

The Prescribed Requirements – The Language Proficiency

The authorities require the applicant to have attained a level of proficiency of at least Canadian Language Benchmarks (CLBs) (for English) or the Niveaux de compétence linguistique canadiens 5 (for French) in either of the official languages for each of the four language skill areas. The applicants would need to demonstrate this proficiency via the results of a designated language test. This is in accordance with the provisions specified in MI 2 (2) (b). For more details on this, readers would need to go through the section on language requirements given on the website of Citizenship and Immigration Canada (CIC).

The Prescribed Requirements – The Educational Credentials

The authorities require applicants to provide evidence that the applicants have:

• A completed Canadian post-secondary educational credential of at least one year or,

• A completed foreign educational credential and an Educational Credential Assessment (ECA) report issued by an organisation designated by Citizenship and Immigration Canada (CIC)

  • The Educational Credential Assessment (ECA) report issued by an organisation designated by Citizenship and Immigration Canada (CIC) would need to indicate that the completed foreign education credential is equivalent to a completed Canadian post-secondary educational credential of at least one year

  • This is in accordance with the provisions specified in MI 2 (2) (c)

It is worth mentioning that the authorities consider the assessment outcome specified in the Educational Credential Assessment (ECA) report as conclusive evidence that the applicant’s completed foreign educational credential(s) are equivalent to a completed Canadian post-secondary educational credential of at least one year.

Equivalency assessments would typically include assessments by the designated organisations of the authenticity of the applicant’s completed foreign educational credentials. However, this assessment provided by the designated organisation does not provide conclusive evidence of the authenticity of the foreign educational credentials. As such, situations could arise where officers might have concerns about the authenticity of the applicant’s foreign educational credentials. In this scenario, the officers would need to communicate their concerns to the applicant. In addition, they would need to provide the applicant with an opportunity for responding to these concerns. Moreover, the officers would need to give the applicant sufficient time for providing any additional information and / or documentation. The officers could require the applicant to produce any documentation related to the applicant. This is especially so for the purposes of evaluating an application for permanent residence as a member of this class. This is in accordance with the provisions specified in MI 4.

Note:

• The authorities have waived the requirement of providing evidence of meeting the prescribed educational requirement for applicants who can demonstrate that they have a legally acquired net worth of at least $50 million Canadian dollars derived from business or investment activity

• This is in accordance with the provisions specified in MI 3 (c)

The Prescribed Requirements – The At-Risk Investment

The authorities require the applicant to enter into an agreement. This agreement would typically include an undertaking to pay the Minister a sum of $2 million Canadian dollars, the repayment of which will not be guaranteed. The agreement would need to specify the form and the manner in which the applicant will pay the money. In addition, the agreement would need to indicate that the authorities would add any amounts of money paid by the applicant towards the formation of a pool i.e. the Immigrant Investor Venture Capital Fund. The authorities would typically invest the funds paid by the applicant in venture capital exclusively. This would serve to benefit Canada, in accordance with the provisions specified in MI 2 (2) (d).

At first, the officers would need to ascertain those applicants who meet all the other requirements prescribed for membership in the class. Thereafter, the processing office would need to advise these applicants that they need to submit signed agreements. Moreover, the processing office would need to notify these applicants that they need to pay the sum of $2 million Canadian dollars as well. It is worth highlighting that the authorities require applicants to pay this sum within 75 days of a written request from Citizenship and Immigration Canada (CIC).

The applicants would need to make this payment before they can become members of this class. This is in accordance with the provisions specified in MI 2 (2) (e). In some cases, the applicants might not make the payment within the prescribed timelines. If the officers find that the applicants have not made this payment within the prescribed timeframe of 75 days, the officers would need to refuse these applications. This is in accordance with the provisions specified in MI 6.

Note:

• Approved immigrant investors would need to make their payments to Citizenship and Immigration Canada (CIC)

• Thereafter, the Department would need to transfer these funds to BDC Capital for investment into the Immigrant Investor Venture Capital Fund

• BDC Capital is the wholly owned subsidiary of the Business Development Bank of Canada

The Prescribed Requirements – Fraud Detection and Deterrence

The office responsible for processing the applications will interview all the applicants whose applications are in the possession of the office.

This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

The Centralised Intake Office (CIO) will need to take certain actions once they come across a positive second stage completeness check – refer to Appendix A. These actions would typically include:

• Transferring the paper file to the processing office in accordance with the prevailing file transfer policies and,

• Transferring the electronic files to the processing office via the Global Case Management System (GCMS) by making that particular office the primary office for processing (if applicable)

It is worth mentioning that the Centralised Intake Office (CIO) typically considers the “application received” date as the lock-in date. Therefore, processing offices would need to ensure that they do not change the “application received” date that the Centralised Intake Office (CIO) has entered at the time of creating the file.

Situations could arise where one of the 60 applications that the officers have put into process ends up getting refused. In this scenario, the processing office would need to send an e-mail to the Operational Management and Coordination (OMC) mailbox. In the e-mail, the processing office would need to notify the Operational Management and Coordination (OMC) team that the office has refused an Immigrant Investor Venture Capital (IIVC) class application. Thereafter, the Operational Management and Coordination (OMC) team would need to handle the coordination activities if and when the authorities place additional files into processing.

To out other applications into processing, the Operational Management and Coordination (OMC) team would need to send an e-mail to the Centralised Processing Region (CPR). The Centralised Processing Region (CPR) will thereafter relay the message to the Centralised Intake Office (CIO). In addition, the Centralised Processing Region (CPR) will instruct the Centralised Intake Office (CIO) to pull the next application, beginning with the first complete application on the wait list. Following this, the Centralised Intake Office (CIO) would need to send the second stage completeness package to the applicants. The authorities would need to pull applications from the waiting list in the order in which they received the applications for each ensuing request.

It is worth highlighting that Citizenship and Immigration Canada (CIC) aims to process 80 percent of the applications in this class within six months of the application being put into process.

• Appendix A – The Glossary
• Appendix B – The Application to the Federal Court of Canada for a Judicial Review

Applicants in this class would need to prove their language skills in English or French. For this, they would need to take a language test approved by Citizenship and Immigration Canada (CIC). They would need to:

• Schedule a language test approved by Citizenship and Immigration Canada (CIC) and pay the relevant fees

• Compare their test results to the charts given subsequently to see what Canadian Language Benchmark (CLB) level they have achieved and,

• Include the original test results at the time they apply in case they meet the minimum level of Canadian Language Benchmark (CLB) 5 (the officers will not accept any photocopies submitted)

Note:

• Applicants would need to ensure that their test results are less than two years old at the time when Citizenship and Immigration Canada (CIC) receives their applications

• The authorities would not consider applications for the next step in case applicants do not include the original test results

• It is worth highlighting that applicants should not ask the organisation that produces the results to send the language test results directly to Citizenship and Immigration Canada (CIC)

• Citizenship and Immigration Canada (CIC) would be checking all language test results submitted with applications with the organisation that produced the results

Read more

Language Ability In Canada Immigration Applications

The Approved Language Tests

Applicants can take any of the following approved language tests.

English – The Canadian English Language Proficiency Index Program (CELPIP)

The Canadian English Language Proficiency Index Program (CELPIP) has three tests. Applicants would need to take the Canadian English Language Proficiency Index Program (CELPIP)-G 2014 test.

English – The International English Language Testing System (IELTS)

The International English Language Testing System (IELTS) has two options for the reading and writing tests. Applicants would need to take the General Training test.

French – The Test d’évaluation de français (TEF) – For French only

Applicants would need to submit results from the following four Test d’évaluation de français (TEF) tests:

• compréhension de l’écrit

• compréhension de l’oral

• expression écrite and,

• expression orale

This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

• The Completeness Check Stage One – Receipt at the Centralised Intake Office (CIO)
• Completeness Check Stage Two – The Centralised Intake Office (CIO) Request for Additional Supporting Documents from Applicants Whose Application Passed the Initial Completeness Check
• Appendix A – The Language Testing for the Immigrant Investor Venture Capital Pilot Program
• Appendix B – Determining Your Eligibility for the Immigrant Investor Venture Capital Pilot Program
• Appendix C – The Guidelines for Assessing Educational Credentials for the Immigrant Investor Venture Capital Pilot Program

This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

The Eligibility Criteria for Foreign Nationals to Apply in the Immigrant Investor Venture Capital Class

The authorities permit foreign nationals to apply in the Immigrant Investor Venture Capital Class if they:

• Have the ability to establish themselves economically in Canada

• Intend to reside in a province other than Quebec

• Have a minimum net worth of $10 million Canadian dollars that they have acquired legally through business or investment activity

• Meet the minimum language proficiency threshold as demonstrated by the results of a designated language test

• Meet the minimum education requirements prescribed (or have a minimum net worth of $50 million Canadian dollars and,

• Make an at-risk investment of $2 million Canadian dollars into the Immigrant Investor Venture Capital Fund

The Process for Submitting an Application

The Centralised Intake Office (CIO) in Sydney, Nova Scotia, will be responsible for receiving all applications for permanent residence under the Immigrant Investor Venture Capital Class. They would need to do this within the specified intake period. This is in accordance with the prescribed Ministerial Instructions – refer to Appendix A.

Situations could arise where the Centralised Intake Office (CIO) in Sydney, Nova Scotia, receives applications outside of the intake periods. Officers would need to return these applications to the applicants. In addition, they would need to return the fees to the applicants as well.

The Eligibility for Processing

Citizenship and Immigration Canada (CIC) would need to check all the applications received during the prescribed intake periods. At this stage, they would typically check the applications for stage one completeness. However, they will only place the first 60 complete applications into processing. They would do this if these 60 complete applications meet stage two completeness as well. Moreover, the officers can place up to 60 additional applications on a waiting list. Thereafter, they could put these additional applications into processing, if needed.

It is worth highlighting that intake will typically remain open under the Immigrant Investor Venture Capital Class until:

• The authorities issue 60 permanent resident visas or approvals under this class

• The authorities receive 60 complete applications and put them into processing and retain 60 additional applications that meet the initial completeness check requirements on the waiting list or,

• December 30, 2015

It is worth highlighting that this includes applications received during the previous intake periods that have cleared the first-stage completeness check. The officers would need to process these in accordance with the Ministerial Instructions in place at the time the authorities received these applications.

Officers would need to go through the instructions regarding completeness checks. They would need to refer to this for assessing all applications. Moreover, applicants would need to note that they would need to have submitted applications in accordance with the requirements specified in section R10 and in the application kit. Only then would the officers consider these applications as being complete and eligible for processing.

The Details Specified in R10

• The Form and the Content of the Application

  • Under these Regulations, the applicants would need to:

    • Make the applications in writing using the form provided by the Department (if any)

    • Sign the applications

    • Include all information and documents required by these Regulations as well as any other evidence required by the Act

    • Ensure that the application accompanies the evidence of payment of the applicable fee if the Regulations specifically mention this and,

    • Identify the principal applicant and the accompanying spouse or common-law partner clearly (in case there is an accompanying spouse or common-law partner)

  • This is in accordance with the provisions specified in paragraphs 28 (b), 28 (c), 28 (d) and 139 (1) (b)

• The Required Information

  • Unless specified otherwise by these Regulations, the application would need to:

    • Contain the name, date of birth, address, nationality and the immigration status of the applicant and of all the family members of the applicant, regardless of whether they are accompanying the principal applicant or not

    • Contain a statement detailing whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person

    • Indicate whether the applicants are applying for a visa, a permit or an authorisation

    • Indicate the class prescribed by these Regulations for which the applicant is making the application

      • Situations could arise where the applicant is represented in connection with the application

        • In this scenario, the application would need to include details such as the name, the postal address, the telephone number, the fax number and the electronic mail address (if any) of any person or entity (or a person acting on its behalf) who is representing the applicant

      • Situations could arise where the applicant is represented in connection with the application by a person referred to in any of the paragraphs 91 (2) (a) to 91 (2) (c) of the Act

        • In this scenario, the application would need to include the name or the body of which the person is a member and their membership identification number

      • In some cases, the applicant might have received advice for consideration in connection with the application, by a person referred to in any of the paragraphs 91 (2) (a) to 91 (2) (c) of the Act

        • In this scenario, the application would need to include the following details:

          • The application would need to include details such as the name, the postal address, the telephone number, the fax number and the electronic mail address (if any) of any person or entity (or a person acting on its behalf) who is representing the applicant and,

          • The application would need to include the name or the body of which the person is a member and their membership identification number

      • In some cases, the applicant might have received advice for consideration in connection with the application, by a person referred to in subsection 91 (4) of the Act

        • In this scenario, the application would need to include details such as the name, the postal address, the telephone number, the fax number and the electronic mail address (if any) of any person or entity (or a person acting on its behalf) who is representing the applicant with reference to that entity or person and,

    • Include a declaration that the information provided is both complete and accurate

• The Application of Family Members

  • The authorities consider the application as an application made for the principal applicant and the accompanying family members of the principal applicant

• The Sponsorship Application

  • Foreign nationals have the ability to make applications as members of the family class

  • However, the application would need to be preceded or accompanied by a sponsorship application as specified in the provisions of paragraph 130 (1) (c)

• Multiple Applications

  • The authorities do not permit the filing of a sponsorship application by a sponsor in respect of a person if the sponsor has already filed another sponsorship application in respect of that same individual and where the authorities have not made a final decision in respect of that other application

• The Invalid Sponsorship Application

  • Situations could arise where sponsors make sponsorship applications that are not in accordance with the provisions specified in subsection (1)

  • The authorities do not consider such applications as applications filed in the prescribed manner for the purposes of subsection 63 (1) of the Act
• Appendix A: The Ministerial Instructions Respecting the Immigrant Investor Venture Capital Class
  • The Supporting Documentation
  • The Production of Other Documents
  • The Application for Visa
  • The minimal requirements
  • The Arrangement with the Bank
  • The Status of the Bank
  • The Processing fees
  • The Guidelines for Non-Application
  • The Effective period
• The Department of Citizenship and Immigration – The Immigration and Refugee Protection Act – The New Ministerial Instructions
  • The Intake of Permanent Resident Applications Under the Immigrant Investor Venture Capital Class
  • The Department of the Environment – The Canadian Environmental Protection Act, 1999: Order 2014-87-11-02 Amending the Non-Domestic Substances List

This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

The Immigrant Investor Venture Capital Class is a business immigration pilot program. It caters to high net worth foreign nationals as long as these individuals are able to make a non-guaranteed investment of $2 million Canadian dollars. In addition, these foreign nationals would need to meet the minimum education and language proficiency requirements.

Intake

• Application Process and Who Can Apply – IIVC
  
• The Immigrant Investor Venture Capital Class – The Completeness Checks
• The Immigrant Investor Venture Capital Class – Putting an Application into Process
• Canada Immigrant Investor Venture Capital Class – Making a Final Decision
• Canada Immigrant Investor Venture Capital Class – Determining Membership in the Class