BC PNP Entrepreneur Immigration

With its strategic location, competitive taxes and a well-educated, highly skilled and productive multicultural workforce, British Columbia is one of the most dynamic places in Canada to do business, offering unique opportunities for entrepreneurs.

The British Columbia Entrepreneur Immigration stream of theBritish Columbia Provincial Nominee Program (BC PNP)has its own registration system, known as the Entrepreneur Immigration Registration System. The registration process operates under an expression of interest (EOI) model, meaning that registered eligible candidates must be invited to apply before they can submit an application to the programme.

Successful candidates receive a work permit and, where the business operation in British Columbia meets the stream’s requirements on an ongoing basis, they are able to apply for permanent residence in Canada through the BC PNP. This stream provides a route to Canadian permanent residence for experienced entrepreneurs who can settle in British Columbia and invest in and operate a commercially viable business bringing significant benefit to the provincial economy.

Minimum requirements for the candidate

• Personal net worth of at least CAD 600,000 (including cash, assets in bank accounts, fixed deposits, real estate, investments, and so on). The net worth must have been accumulated lawfully and may be in the name of a spouse or common-law partner. This net worth must be verified if the candidate is invited to apply.
• Hold a post-secondary qualification, or have experience as an actively managing business owner with 100% ownership of the business for at least 3 of the past 5 years.
• Have eligible experience as an actively managing business owner or as a senior manager.
• Submit a business idea demonstrating an active and ongoing management role in the day-to-day operation of the proposed business and the creation of at least one new job in the proposed business in British Columbia.
• Make a personal investment of CAD 200,000 in eligible costs.

The application process

• Prepare for registration by carrying out business research. International entrepreneurs are encouraged to make an exploratory visit to British Columbia to learn about business opportunities and the local business environment.
• Individuals must register with the BC PNP by creating an online profile, paying the fee and receiving a registration score based on various factors, including business ownership/senior management experience, personal net worth, adaptability, the business idea and other factors. Candidates are scored on the business idea within 6 weeks of creating the profile.
• The highest-ranked candidates are invited in periodic draws held by the BC PNP.
• Where invited to apply, the candidate has 4 months (120 days) to submit a complete application under the BC PNP Entrepreneur Immigration stream, to have their personal net worth and declared source of funds reviewed, and to pay the required fees. The application is assessed against the programme criteria. The candidate may be invited to attend an in-person interview in Vancouver during the application assessment stage.
• If the application is approved, international entrepreneurs sign a Performance Agreement and receive a Confirmation Letter in order to apply for a 2 (two) year work permit with Immigration, Refugees and Citizenship Canada (IRCC).
• On arriving in British Columbia, international entrepreneurs have up to 20 (twenty) months, or 610 days, to implement the business plan, actively manage the business, meet all the conditions of the signed Performance Agreement, and demonstrate residence within 100 km of the business (for at least 75% of the duration of the work permit).
• Between 18 (eighteen) and 20 (twenty) months after arriving in the province, entrepreneurs must submit a final report to the BC PNP describing their business operations while holding a valid work permit.
• The Government of British Columbia nominates approved entrepreneur candidates by issuing a nomination confirmation notice, allowing the entrepreneurs and eligible dependent family members to apply for permanent residence with IRCC.
• IRCC may review further information in the application to ensure that the nominee continues to operate the business and reside in British Columbia.

Before registering

Before registering, international entrepreneurs are encouraged to carry out business research, contact the BC PNP and make an exploratory visit to the province. During this visit, international entrepreneurs may:

• Explore and assess potential business opportunities
• Carry out market research
• Connect with local business contacts
• Find out more about living and doing business in British Columbia, and gain a better understanding of health care and education programmes, housing, culture, recreational opportunities and lifestyle.

When purchasing an existing business, prospective candidates must ensure that the business meets all the eligibility requirements for the BC PNP Entrepreneur Immigration stream.

To register with the BC PNP, an individual must create an online profile, complete all the sections and include a business idea.

Requirement

For the candidate

To be eligible to register, an individual must:

• Have basic English or French language proficiency equivalent toCanadian Language Benchmark (CLB)level 4 or above.
• Be lawfully admitted in the country in which they are residing.
• Have a minimum personal net worth of CAD 600,000. Personal net worth must have been accumulated lawfully and must be verifiable. The candidate must disclose their personal net worth, including all their assets and those of their spouse or common-law partner, less any debts including mortgages and personal debt.
• Where invited to apply, the individual must provide a verification report from a BC PNP eligible provider. Failure to provide satisfactory evidence to verify personal net worth and the source of funds may result in the application being refused.
• Have a minimum of 3 years or more of experience as an actively managing business owner, or 4 years or more of experience as a senior manager, or a combination of at least 1 year of experience as an actively managing business owner AND at least 2 years of experience as a senior manager (within the past 10 years).
• Hold a post-secondary qualification, or have experience as an actively managing business owner with 100% ownership of the business for at least 3 of the past 5 years. The percentage of business ownership may be shared between the candidate, their spouse or common-law partner, and/or their dependent children.
• Where invited to apply, the individual is required to provide evidence of their level of education and may be required to provide anEducational Credential Assessment (ECA).
• Provide details of the business idea specific to the proposal.
• Where invited to apply, the individual must demonstrate that the proposed business is consistent with the registered business idea and show commercially viable potential to establish that the proposed business will succeed in British Columbia.
• Demonstrate an eligible personal investment of at least CAD 200,000 in the proposed business within 610 days (about 20 months) of arriving in British Columbia on a BC PNP-supported work permit.
• Demonstrate that the business will create at least one new full-time, permanent job for a Canadian citizen or Canadian permanent resident within 365 days (12 months) of the date of arrival.

The business idea

The registration must include a brief business idea, which is scored on the proposed commercial viability, the transferability of the candidate’s skills and the economic benefit. Where the candidate is subsequently invited to apply, they are required to submit a comprehensive business plan. The BC PNP considers registrations to establish a new business, purchase an existing business, form a partnership with an existing business, and partner with a local or foreign entrepreneur to establish a new business.

Eligible businesses

Where invited to apply, the individual must demonstrate that the business purchased or established can contribute to the province’s economic development. They must also demonstrate that they will own at least 33.3% of the established or proposed business. Where a candidate owns less than 33.3%, they must invest at least CAD 1,000,000 in the purchase of shares.

An individual seeking a franchise may be considered under this stream where the proposed franchise is well established. Prospective candidates are required to provide an expansion/improvement plan consistent with the franchisor’s requirements.

A proposal for a seasonal business is considered by the BC PNP only where the business operates for a minimum of 8 months a year and meets all the other eligibility requirements for the Entrepreneur Immigration stream.

Ineligible businesses

The following types of business are not eligible under the BC PNP:

• An immigration-linked investment scheme under the Provincial Immigration Programs Regulation, section 6(e) andthe Immigration and Refugee Protection Regulations (IRPR) section 87(5)(b)and as defined inIRPR 87(9).
• Any business whose investment terms include a buy-back option underIRPR 87(6)(d).
• Bed and breakfasts, hobby farms and home-based businesses.
• Payday lending, cheque cashing, currency exchange and cash machine businesses.
• Pawnshops.
• Scrap metal recycling.
• Coin-operated laundries.
• Automated car wash operations.
• Businesses selling second-hand goods (except businesses providing value-added services such as repair, refurbishment or recycling).
• Real estate development/brokerage, insurance brokerage or business brokerage.
• Businesses involved in producing, distributing or selling pornographic or sexually explicit products/services, or providing sexually oriented services.
• Any other type of business whose association could damage the reputation of the BC PNP or the Government of British Columbia.

The BC PNP does not consider registrations for the following businesses proposed in Regional Districts with a population of more than 300,000:

• Convenience stores
• DVD rental shops
• Petrol service stations
• Personal dry cleaning services
• Tanning salons

An individual is excluded from registering under the Entrepreneur Stream where the proposed business is not eligible.

The investment

To register, an entrepreneur must demonstrate that they will make an eligible personal investment of at least CAD 200,000 in the proposed business in British Columbia within 610 days (nearly 20 months) of arriving in the province.

The minimum personal investment of CAD 200,000 must be drawn from the candidate’s personal net worth.

Ineligible investments

The following are not treated as eligible investments:

• Cash and working capital;
• Wage payments made by the candidate and family members, where applicable;
• Real estate (when purchasing an existing business, only the business value portion of the purchase price is treated as an eligible cost).

The BC PNP does not encourage any investment or financial commitment before signing the Performance Agreement with the BC PNP and receiving a valid work permit from IRCC.

An international entrepreneur may use external financing from a business partner or from financial institutions. However, the entrepreneur must identify how the financing will be raised and how it will be applied within the proposed investment.

The job creation requirement

The candidate must demonstrate that they will create at least one new full-time, permanent job for a Canadian citizen or permanent resident in the proposed business within 365 days (12 months) of arriving in the province. The individual must also demonstrate the ability to support long-term employment for Canadian citizens or permanent residents in the business.

A candidate proposing a key staff member must demonstrate that they will create at least 3 full-time equivalent (FTE) employees.

An FTE position must involve at least 30 hours of work a week (1,560 hours a year) and be held by one or more employees on a continuous basis. The FTEs must be Canadian citizens or Canadian permanent residents and must not be independent contractors or shareholders owning more than 10% of the business.

The candidate is scored on the business idea where the positions created are classified atNational Occupational Classification (NOC)skill level 0, A or B, and where the reasons for creating these FTE positions are provided.

Where an individual’s plan is to purchase an existing business, the existing number of jobs in the business must be maintained and staff must be paid commensurately with their skill level.

Where subsequently approved for a provincial nomination, the individual must demonstrate that they have continuously and consistently employed the required number of FTEs for at least 6 months.

Invitation to Apply

Meeting the minimum eligibility requirements does not guarantee that the candidate will be invited to submit a complete application.

Where a candidate is invited to apply, they receive notification by email and have up to 120 days (about 4 months) from the date of invitation to submit a complete application.

At this stage, the candidate must pay a non-refundable processing fee of CAD 3,500 to the province and submit a complete application package. The candidate’s spouse, common-law partner or dependent children are included in the application fee.

The BC PNP may invite the candidate to attend an in-person interview at the BC PNP office in Vancouver. Interviews are conducted in English only. Where the candidate is unable to communicate in English, they must engage the services of a certified court interpreter. This is to ensure that the candidate can communicate clearly with BC PNP programme staff.

If the application is approved, the BC PNP requires the candidate to sign a Performance Agreement. Failure to meet the expectations of the Performance Agreement may result in loss of the nomination.

Candidates invited to apply need to engage an eligible provider to verify their personal net worth and the source of the accumulated funds as part of the nomination process.

Find out more about the performance agreement

The Performance Agreement for the candidate covers:

• The type of business and the location
• The investment amount and the deadline
• The number and type of positions created for Canadian citizens or permanent residents
• The active management requirement
• The residence requirement
• The period within which the candidate must meet these requirements.

The Performance Agreement for key staff covers:

• The employer and the business location
• The occupation and the relevant NOC code
• Full-time employment (a minimum of 30 hours a week, or 1,560 hours a year)
• The residence requirement
• The period within which the candidate must meet these requirements.

The work permit and establishing the business

If the application is approved, the BC PNP issues a Confirmation Letter to the candidate. The Confirmation Letter serves as a work permit support letter, allowing approved candidates to obtain a 2-yearwork permitfrom IRCC. This allows the candidate and their dependants to move to British Columbia to begin implementing the business plan. This letter is valid for 90 days (about 3 months).

Within 60 days of arriving in British Columbia on a valid work permit, the entrepreneur must submit an arrival report to the BC PNP. The arrival report must include basic information on updated contact details in British Columbia, the work permit, and whether the required funds have been transferred to a financial institution in British Columbia.

The international entrepreneur has up to 610 days (about 20 months) to implement the business plan, actively manage their business, and meet the conditions of the signed Performance Agreement.

Nomination request

Where candidates meet the requirements of the Performance Agreement within 20 months, the BC PNP nominates them for permanent residence. The candidate, together with their dependent family members, may then apply for permanent residence in Canada under the BC PNP with IRCC.

Once the entrepreneur has fulfilled the terms of the Performance Agreement, they may submit a Final Report to the BC PNP in order to be issued a nomination certificate. The entrepreneur must demonstrate that they:

• Are actively managing a business (that is, are responsible for the day-to-day operations of the business) in British Columbia
• Reside within 100 km of the business
• Have been physically present in British Columbia for at least 75% of the period for which they held the work permit
• Have complied with any other terms of the Performance Agreement.

Who is not eligible

The BC PNP does not nominate an individual who:

• Are inadmissible to Canada
• Are not lawfully admitted in the country in which they are residing
• Is in Canada without legal status
• Has status that has expired, and has not applied to restore their status within the eligible 90 days, and is therefore treated as being without status
• Are working in Canada without authorisation
• Have an unresolved asylum claim in Canada
• Is subject to a removal order in or outside Canada
• Is in Canada without valid immigration status, or is working without authorisation.

Candidates may also read about other Canadian investment immigration programmes athere.