Vancouver, BC -- (ReleaseWire) -- 11/08/2023 --When Canada's Start Up Visa (SUV) was introduced in 2013, uptake was slow, with few applications. Things picked up by 2018 and 2019, with the program building momentum, mainly due to immigration lawyers and consultants recommending the program to aspiring business immigrants. Today, application volume for the Start-Up Visa has resulted in changes in how applications are processed. For more, go to https://canadian-visa-lawyer.com/start-up-visa-processing-the-playing-field-has-changed/
One of the most attractive features of SUV was applicants would be given permanent residence (PR) on a proposed innovative business concept and that applications would be approved quickly, typically within 12 months or less.
When COVID hit, immigration processing ground to a halt. Yet, the momentum of SUV applicants continued. By October 2021, "LexBase" editor Richard Kurland reported a backlog of approximately 6700 applicants and opined that the processing of applications would take several years. It appears this has come to pass.
A vital aspect of the SUV program is that prospective applicants must have the support of a Designated Organization (DO), which is a Canadian entity approved by Immigration Refugees and Citizenship Canada (IRCC), to both vet and support the business proposal. There are three types of IRCC-approved DOs – a Venture Capital company, an Angel Investor company, and a Business Incubator.
The DO essentially confirms the viability of the business proposal and takes that responsibility off the IRCC's shoulders. Any DO must provide a Letter of Support (LOS) and a Commitment Certificate (CC). A Venture Capital company must invest a minimum of $200,000 in the business venture; an Angel Investor company must provide a minimum of $75,000; and Business Incubators must accept the business proposal into their program and nurture the applicant(s) in getting their concept off the ground.
When SUV processing occurred at a fast pace (6-12 months), there was little scrutiny of the actual efforts of the applicants because the program was designed to attract innovative entrepreneurs who would establish their businesses in Canada after becoming permanent residents.
However, as wait times have ballooned to 3-4 years or more, visa officers are asking more complex questions. Procedural Fairness Letters (PFLs) are now routinely sent to applicants with pertinent questions. For example:
- Please indicate what you have done to establish the business in Canada.
- Please indicate what contributions have been made from the DO to the present.
- Please indicate if there is a concrete plan to make this business prosperous and if that plan has proven successful before.
- Please clarify the app development roadmap, the percentage that has been completed, and the timeline and budget for completion.
- What have been the advancements of the business since incorporation?
- Why did you choose Canada, and did you consider any other countries?
- Please demonstrate how an essential part of the business operations will be conducted in Canada.
These are questions asked by visa officers regarding an SUV applicant. This demonstrates that in assessing SUV applications, officers are no longer willing to grant PR and see what happens.
Aspiring business immigrants must be prepared to put their money where their mouth is and follow through with proposed plans. The Federal Court has reviewed several SUV application refusals and confirmed that it is legitimate for Visa officers to ask these questions and require applicants to provide evidence that they are actually putting business plans into action while awaiting PR status.
Evidence of efforts undertaken by applicants and the DO is now crucial to the successful outcome of an SUV application.
To learn more about immigrating to Canada under a Start Up Visa, contact the Vancouver immigration lawyers at Sas and Ing at 1-604-689-5444.
About Sas and Ing Immigration Law Centre
Sas and Ing Immigration Law Centre has over 30 years of continued in-depth and comprehensive expertise in most aspects of Canadian Immigration practice. Sas and Ing have facilitated applications to Citizenship and Immigration Canada (CIC), Service Canada and Canada Border Services Agency. Catherine & Victor work closely with other lawyers specializing in Business, Employment, Tax, and Real Estate to provide comprehensive legal advice to companies and individuals as they navigate the regulatory requirements necessary for temporary or permanent establishment in Canada.
For additional information, please visit https://canadian-visa-lawyer.com/ or call (604) 689-5444
Sas and Ing Immigration Law Centre
Catherine Sas
(604) 689-5444
Company website: https://canadian-visa-lawyer.com/
Vancouver Immigration Lawyers Share Changes to Start Up Visa Processing
increasing applications and lengthy processing times has changed the way that SUV applications are assessed by visa officers.