Start-Up Business Class Work Permit Issuance Place of Application
- The Port of Entry (POE): Applicants from Temporary Resident Visa exempt and medically exempt countries could apply at the Port of Entry (POE) if they so desire. This is in accordance with the provisions specified in section R198 of the Immigration and Refugee Protection Regulations (IRPR). The applicant would need to present a copy of the Letter of Support that states that the applicant is ‘essential’ and that urgent business reasons necessitate a work permit for this applicant. In addition, the applicant would need to meet the usual admissibility requirements.
- Inside of Canada: Applicants would only be able to apply for temporary work permits from within Canada if they meet the criteria specified in R199. If they are eligible to apply from within Canada, they would need to use the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form i.e. IMM 5710.
- Outside of Canada: For applying from outside of Canada, the applicants would need to submit an Application for a Work Permit Made Outside of Canada i.e. IMM 1295 form. Through this form, they would need to indicate that they are applying for a Start-Up Business Work Permit. They would need to submit this application to:
- A Visa Application Centre (VAC) or,
- The visa office responsible for their place of residence
The Process for Work Permit Processing
The authorities would process these work permit applications on a priority basis.
- The Role of the Processing Office: The processing office would need to confirm that:
- A Letter of Support accompanies the work permit application
- A note in the Client tab in the Global Case Management System (GCMS) confirms that a Commitment Certificate exists
- The Commitment Certificate highlights that the applicant is ‘essential’ and that the issuance of a work permit is necessary
- The applicant has provided a police certificate, if required, based on regular temporary resident processes
- The applicant has completed a medical examination based on regular temporary resident processes
- The applicant has:
- Completed the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form i.e. IMM 5802
- Paid the employer compliance fee and,
- Included the fee receipt number in the required field in the form
- The applicant has provided proof of funds for a duration of 52 weeks based on the Low Income Cut Off (LICO) amount for their family
- In some situations, the processing office might have some concerns about the genuineness of the Commitment Certificate. In this scenario, the processing office would need to request for the appropriate confirmations from the Case Processing Centre, Ottawa (CPC-O).
- The Process for Coding the Work Permit: The officers would issue the work permit based on the authority provided by subsection R205 (a). They would need to code the work permit as follows:
- The Employer Name: The name of the new business according to the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form i.e. IMM 5802
- The Employment Location: According to section 8.1 of the Commitment Certificate
- The Validation Exemption Code: A-75
- The National Occupation Classification (NOC): 8888
- The Intended Occupation: Entrepreneur
- The Case Type: 20 Worker, NES (Not Elsewhere Specified)
- The Special Program Code: “SUV” (Start Up Visa)
- The Duration: 12 months
- Situations could arise where the applicant has not completed the medical examination. In this scenario, the processing office would need to impose the following conditions. The conditions would classify the applicant as being:
- Not authorised to work in childcare, primary or secondary school teachings or health service field occupations and,
- Not authorised to work in agricultural occupations (designated countries only)
- In addition, the authorities would normally take about six months for finalising the permanent residence application. In some cases, the permanent residence application might be in processing without being finalised. In this scenario, the officers would need to consider giving a work permit extension on a case-by-case basis through the normal extension process at the Case Processing Centre in Vegreville.
- The Commitment Certificate:
- The Case Processing Centre – Ottawa (CPC-O) would need to create each designated entity listed in the Ministerial Instructions (MIs) as an organisation in the Global Case Management System (GCMS). Thereafter, the officers would need to associate all the applicants to the designated entity within the Global Case Management System (GCMS).
- The Case Processing Centre – Ottawa (CPC-O) would receive the Commitment Certificate. It would also finalise the Peer Review (if required) and create a client note in the Global Case Management System (GCMS) to which officers could refer.
- The Case Processing Centre – Ottawa (CPC-O) would need to input the information from Section 8.0 of the Commitment Certificate into the note, if it finds Section 8.0 complete. This would indicate that the Commitment Certificate exists. It would also indicate that the Case Processing Centre – Ottawa (CPC-O) has allowed a work permit application to the other processing offices.
- The Proof of Funds:
- Applicants would need to demonstrate that they have ample funds for supporting themselves and their family members. They would be using these funds to pay for the cost of living for themselves and their family during the first start-up year. Typically, the first start-up year features little to no income from the start-up business.
- Applicants would need to provide the proof of funds along with their applications as evidence that they have the specified amount. These funds could be in the form of:
- Documents that show property or capital payable to the applicant e.g. stocks, bonds, debentures, treasury bills etc. or,
- Documents that guarantee payment of a set amount of money payable to the applicant e.g. bankers’ drafts, money orders or travellers’ cheques
- The authorities update the Low Income Cut Off (LICO) table each year. The amount of money the applicant needs to have is typically established by the size of the applicant’s family.
The Low Income Cut Off (LICO) Table
The Size of the Family Unit
The Minimum Necessary Income
1 person (the sponsor)
For family units with more than 7 persons, add the amount specified for each additional person
- All amounts specified above are in Canadian dollars
- Applicants using this kit after December 31, 2015, would need to contact the Call Centre for obtaining the revised Low Income Cut Off (LICO) figures
- The Spouses of Start-Up Business Work Permit Holders:
- Officers would need to note that spouses and common-law partners of Start-Up Business Class work permit holders have the ability to apply for open work permits based on their status as a spouse or common-law partner of a high skilled worker i.e. Labour Market Impact Assessment (LMIA) Exemption C41
- The authorities consider the generic National Occupation Classification (NOC) Code 8888 (Entrepreneur) as a high skilled National Occupation Classification (NOC) Code level 0, A or B.
- In some situations, the spouse might accompany the principal applicant to Canada. In this scenario, the officers would need to process the work permit application on a priority basis.
- The officers would need to ensure that they associate all dependent spouses with the principal spouse in the Global Case Management System (GCMS)
The International Mobility Program – Labour Market Impact Assessment (LMIA) Exempt Work Permit Renewals and Extensions for Certain Certificat de sélection du Québec (CSQ) Holders Currently in Quebec
Quebec’s ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) implemented certain provisions on June 01, 2012. These provisions enable some work permit holders who are currently in Quebec to submit applications for renewing or extending their work authorisations in Canada. These individuals can do this without the employer having to obtain Labour Market Impact Assessments (LMIAs) from Employment and Social Development (ESDC) / Service Canada (SC) and ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI).