Transition of Start-up Business Class into Permanent Regulatory Program (SOR/2018-72)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada

Operative dateApril 11, 2018

CategoryAdmission / economic migration

Policy toolProgram establishment / legal framework

Affected groupImmigrant entrepreneurs and designated business entities

Policy effect

Incorporates the Start-up Business Class into the Immigration and Refugee Protection Regulations as a permanent economic class immigration stream, establishing permanent eligibility requirements, language benchmark levels, settlement fund requirements, and compliance mechanisms for designated entities. Phase scope: Entire

Conditions and exceptions

Validated condition or limit: Incorporates the Start-up Business Class into the Immigration and Refugee Protection Regulations as a permanent economic class immigration stream, establishing permanent eligibility requirements, language benchmark levels, settlement fund requirements, and compliance mechanisms for designated entities.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Business Class) Amendments 1 Paragraph 70(2)(b) of the Immigration and Refugee Protection Regulations footnote1 is replaced by the following: (b) the economic class, consisting of the federal skilled worker class, the transitional federal skilled worker class, the Quebec skilled worker class, the provincial nominee class, the Canadian experience class, the federal skilled trades class, the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class and the Quebec self-employed persons class; and 2 Section 89 of the Regulations is replaced by the … following: General Artificial transactions 89 For the purposes of this Division, an applicant in the self-employed persons class or an applicant in the start-up business class is not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions that were entered into primarily for the purpose of acquiring a status or privilege under the Act rather than (a) in the case of an applicant in the self-employed class, for the purpose of self-employment; and (b) in the case of an applicant in the start-up business class, for the purpose of engaging in the business activity for which a commitment referred to in paragraph 98.01(2)(a) was intended. Permanent resident status 89.1 A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons class shall become a permanent resident if, following an examination, it is established that (a) the person who made the application has become a permanent resident; and (b) the foreign national is not inadmissible. 3 The Regulations are amended by adding the following after section 98: Start-up Business Class Class 98.01 (1) For the purposes of subsection 12(2) of the Act, the start-up business class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, who meet the requirements of subsection (2) and who intend to reside in a province other than Quebec. Member of class (2) A foreign national is a member of the start-up business class if (a) they have obtained a commitment … that is made by one or more entities designated under subsection 98.03(1), that is less than six months old on the date on which their application for a permanent resident visa is made and that meets the requirements of section 98.04; (b) they have submitted the results of a language test that is approved under subsection 102.3(4), which results must be provided by an organization or institution that is designated under that subsection, be less than two years old on the date on which their application for a permanent resident visa is made and indicate that the foreign national has met at least … benchmark level 5 in either official language for all four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as applicable; (c) they have, excluding any investment made by a designated entity into their business, transferable and available funds unencumbered by debts or other obligations of an amount that is equal to one half of the amount identified, in the most recent edition of the publication concerning low income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of … launching their start-ups in Canada. More broadly, the program supports the Government of Canada’s priorities for fostering innovation, attracting investment and supporting economic growth. However, Start-Up Visa is a pilot program and its pilot phase expires on March 31, 2018. The pilot was created through Ministerial Instructions and under the Immigration and Refugee Protection Act, these pilot programs are limited to a five-year duration and cannot be extended. In order to make Start-Up Visa a permanent program, it must be incorporated into the Immigration and Refugee Protection Regulations. … Government of Canada’s commitments to attracting innovation, investment and global skills by making Start-Up Visa a permanent program. Description The regulations create Start-Up Visa as a new permanent resident program for business immigrants under the economic class and cover a number of elements: (1) Requirements for entrepreneurs applying to immigrate through the program These include criteria for language proficiency, business ownership, settlement funds and support from a designated entity. These requirements are the same as those in place under the pilot program. Under the permanent program …

Canada GazetteCanada Gazette, Part II, Volume 152, Number 9, Registration SOR/2018-72, April 11, 2018.Open official source

Retrieved from https://gazette.gc.ca/rp-pr/p2/2018/2018-05-02/html/sor-dors72-eng.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-75bd4e42f153d715c8ca. Something wrong? Flag this record.

Transition of Start-up Business Class into Permanent Regulatory Program (SOR/2018-72)

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other Canada changes operative in 2018