NBPNP Business Immigration

The New Brunswick Business Immigration Stream of the New Brunswick Provincial Nominee Program (NBPNP) targets eligible foreign entrepreneurs interested in owning and actively managing a business that contributes to the New Brunswick economy.

Overview

This stream operates under an expression of interest (EOI) system. The first step in the process is to submit an EOI to the New Brunswick Department of Post-Secondary Education, Training and Labour.

Once the profile has been reviewed and assessed against the eligibility requirements, the candidate is scored against a range of factors.

The highest-ranked candidates are invited to submit an application for a provincial nomination under theNew Brunswick Provincial Nominee Program (NBPNP).

Requirements for the candidate

To be eligible for the New Brunswick Business Immigration Stream, an individual must:

• Be aged between 21 and 59
• Have at least 2 years of post-secondary education
• Achieve a minimum ofCanadian Language Benchmark (CLB)5 in English or French
• Demonstrate an intention to live in and operate a business in New Brunswick
  • The candidate must take on a day-to-day management role in the business
• Provide a business plan approved by a New Brunswick government official, showing how the business will benefit New Brunswick
• Have total personal assets of at least CAD 600,000, of which CAD 300,000 must be unencumbered by debt or other obligations
• Have at least 3 of the past 5 years of experience managing and owning a business (at least 33.3%), or 5 years of experience in a senior management role with responsibility for supervising at least 2 employees
• Wish to live permanently in New Brunswick while owning and managing a local business;
• Present a business idea demonstrating the potential to bring significant economic benefit to the province
• Score at least 65 points on New Brunswick’s specific selection grid

Selection factors and points

Where all the other eligibility criteria (set out above) are met and the business plan is approved, the candidate is assessed and scored out of a maximum of 100 points against the following selection factors. An individual must score at least 65 points to be considered eligible.

Factor 1: Age

Age	Points
21-29	5
30-49	10
50-59	5

Factor 2: Language

Candidates must achieve a minimum Canadian Language Benchmark (CLB) 5 in English or French across all four language skills: reading, writing, listening and speaking.

First official language	Speaking	Nghe	Reading	Writing
CLB level 7 or above	5	5	5	5
CLB level 6	4	4	4	4
CLB level 5	3	3	3	3

Second official language	Points
CLB level 5 or above	5

Maximum total points: 25

Candidates must provide valid test results from one of the following designated third-party language test providers:

• IELTS
• CELPIP
• TEF
• TCF

Factor 3: Education

Candidates may be awarded up to 25 points for education and must have at least 2 years of post-secondary education.

Level completed	Requirement	Points
Postgraduate education (master’s or doctorate)	A master’s or doctoral degree awarded by the graduate school of a college or university, after completion of a bachelor’s or master’s degree	20
Post-secondary education (academic degree)	An academic degree awarded by a college or university to those completing an undergraduate programme requiring at least three years of full-time study	16
Post-secondary education (diploma)	A diploma completed in a specific field requiring at least two years of full-time post-secondary study	13
A secondary school diploma	Awarded by a secondary school	10

Foreign educational credentials must be supported by anEducational Credential Assessment (ECA)no more than 5 years old at the date the application is submitted to the Department.

Factor 4: Personal assets

Candidates must have verifiable personal assets of at least CAD 500,000.

Factor 5: Business ownership or senior management experience

Candidates are assessed on the number of years they have owned a business or worked as a senior manager in a business, and on the type of management experience. Candidates may be awarded up to 15 points for business ownership or senior management experience.

A business owner must have owned at least one third of the business equity for 3 of the 5 years before the application, in a business with at least 2 employees.

To claim points for senior management experience, the candidate must demonstrate five years of experience as a senior manager in a private, for-profit business within the past five years. As a senior manager, the candidate must:

• Have been responsible for supervising at least two employees
• Have been the person responsible for hiring and dismissal, or able to recommend such personnel actions, for example promotions and the granting of leave
• Have been directly involved in day-to-day operations as the principal decision-maker

Business ownership experience	Points
A business owner (owning at least 51%), directly involved in day-to-day operations as the principal decision-maker, responsible for supervising at least two people.
10 in the past 10 years	15
6-9 years in the past 10 years	12
3 years in the past 5 years	8

Business ownership experience: up to 15 points

Senior management experience	Points
A senior manager, directly involved in day-to-day operations as the principal decision-maker responsible for supervising at least two people.
10 in the past 10 years	9
6-9 years in the past 10 years	7
5 years in the past 5 years	5

Senior management experience: up to 9 points

Overall: up to 15 points

Factor 6: The business plan

Under the Business Immigration Stream, all candidates must submit a business plan with their application. The business plan is a written document explaining how the business will operate.

In developing the business plan, the candidate needs to show that they have carried out extensive research and considered all the economic, market and cultural factors.

Candidates may receive up to 25 points for business factors. The business idea must be between 1,000 and 1,500 words long and must be submitted with the EOI. In the business plan, the candidate must demonstrate that the business brings economic benefit to New Brunswick and operates for the sole purpose of earning a profit by providing products or services.

Business idea factor	Points
The candidate has visited New Brunswick for a minimum of 5 working days within one year (12 months) before applying and has included a trip report with the EOI	5
The candidate will transfer at least 5 years of business ownership or senior management experience to the same industry and sector in New Brunswick.	4
The business is located outside Fredericton, Saint John and Moncton.	5
An eligible investment greater than CAD 500,000, or	3
An eligible investment of between CAD 150,000 and CAD 499,000, or	2
The candidate has included knowledge of laws, regulations, rules and certifications in the business plan	3
The candidate has included detailed and relevant market research in the business plan	5

Maximum total points: 15

The candidate must meet at least 2 conditions to receive the total points

Factor 7: Adaptability points for a spouse or common-law partner

Candidates may be awarded up to 5 points where their spouse or common-law partner has studied or worked in New Brunswick and meets the minimum language requirements.

Adaptability of the spouse/common-law partner	Points
Completed at least one year of full-time study at a recognised post-secondary institution in New Brunswick after the age of 17 and on a valid study permit, or	5
Completed at least six months of continuous full-time work in New Brunswick.	5
Meets a minimum of CLB 5 in English or French across all four language skills	5

Maximum total points: 5

Requirements for the business

To be considered eligible, the business must:

• Bring significant economic benefit to New Brunswick
• Be established as a sole proprietorship, partnership or corporation; (in the case of a partnership, the other partners must be Canadian permanent residents or citizens)
• Be the continuation of an existing business or the establishment of a new business
• Be a private, for-profit entity whose primary purpose is to earn a profit through the sale of goods or services
• Be considered a “permanent establishment” under subsection 400(2) of the Canadian Income Tax Regulations, 1985

The NBPNP may prioritise the processing of applications with business plans that have the greatest potential to generate significant economic benefit through:

• Increasing value-added production or processing for New Brunswick exports;
• Increasing research and development;
• Developing new products and/or services;
• Developing innovative approaches to traditional businesses;
• Developing and/or improving new technologies;
• Transferring technology and specialist knowledge to New Brunswick;
• Providing products and/or services to an underserved local or regional market;
• And other factors, at the Department’s discretion.

Business investment and acquisition or ownership

Candidates must be prepared to make a business investment of at least CAD 150,000 in New Brunswick. Candidates must also own 33.33% and take on an active senior management role in the day-to-day operation of the business.

The investment must be drawn from the candidate’s personal assets and may include:

• Business premises, including buildings and/or land, up to 25% of the total business investment or the actual cost, and/or property improvements or leasehold improvements up to 25% of the total business investment or the actual cost, whichever is lower;
• Equipment used by employees to carry out their day-to-day duties;
• Equipment needed for use in primary production and the manufacture of goods;
• Opening inventory up to 50% of the total business investment or the actual cost, whichever is lower. Opening inventory is taken to be inventory purchased up to the date the business opens;
• Intangible investments including goodwill and/or intellectual property must not exceed 10% of the net book value of the business;
• Professional services from North American firms, including marketing, promotion and services relating to establishing the business, up to 4% of the total business investment or CAD 10,000, whichever is lower;
• Vehicles up to 5% of the total business investment, to a maximum of CAD 15,000, whichever is lower. The amount must be depreciated to reflect actual business use, and a log similar to that used for income tax purposes is required.

Purchasing an established business in New Brunswick

Where an entrepreneur intends to purchase an existing business, they must demonstrate that the business:

• Has been operated continuously by the same owner for the three years before the date of purchase;
• The owner is a Canadian permanent resident or citizen;
• Will be purchased at a demonstrated fair market value;
• Has achieved a demonstrated net profit in at least two of the previous three years, as shown by audited financial statements;
• Will continue to employ existing staff on similar terms and conditions;
• Has not been in receivership and/or filed for bankruptcy in the three years before the date of purchase.

Operating the business and active management

In operating the business, the candidate must ensure that the business:

• Holds all the necessary permits from the appropriate municipal, provincial and/or federal authorities;
• Pays income tax on taxable income earned in the province, regardless of income or other taxes that may be payable in other jurisdictions as a result of income earned or other business activity;
• Complies with all laws in the province including, but not limited to, the Employment Standards Act, the Human Rights Act and the Occupational Health and Safety Act;
• Complies with all Canadian laws in establishing, purchasing and maintaining the business;
• Operates for two years from the date the CAD 100,000 deposit is refunded and released to the candidate.

The candidate must take on active management of the business by:

• Accepting risk and setting the direction of the business;
• Providing active and continuous management of the business from within New Brunswick;
• Being present at the business premises daily.

Creating jobs in New Brunswick

The business must create at least two full-time jobs for permanent residents or Canadian citizens living in New Brunswick. These two full-time jobs cannot be for the candidate, their spouse/common-law partner, dependent children and/or other family members.

Site visits

The NBPNP may conduct two site visits to the business premises to ensure the candidate complies with the terms and conditions set out in the Business Performance Agreement. The provincial representative may ask the candidate to provide further information and/or documents including but not limited to: proof of business registration and incorporation; business licences; bank statements; invoices proving the eligible investment; financial statements prepared by a certified or chartered accountant; business income tax assessments; and payroll documentation.

A site visit may take place on:

• The business start date;
• 12 months after the business start date;
• The date the Department receives the candidate’s written request for the refund of the CAD 100,000 deposit, without interest.

Ineligible businesses

The following business activities are not eligible for the Business Immigration Stream:

• Adult services including but not limited to the production, distribution and/or sale of pornographic or sexually explicit products and/or services, and/or the provision of sexually oriented services;
• Bed and breakfasts;
• Coin-operated businesses;
• Consulting (a business or agency providing expert advice in a field);
• Language training centres and online education;
• E-commerce or online businesses;
• Establishments providing settlement services to temporary residents and/or newcomers;
• Cooperatives (a business or organisation owned and run by its members);
• Domain names;
• Hobby farms for personal consumption or use that do not generate a principal source of income;
• Brokerage businesses (a business whose principal source of income comes from acting as an intermediary between buyers and sellers);
• Financial services including, but not limited to, cooperatives and/or credit unions, short-term lending including, but not limited to, payday loans, cheque cashing, currency exchange and cash machines, secured loans where personal property items are used as collateral (that is, pawnshops);
• Home-based businesses and/or businesses operated from residential property;
• Property management and landlord letting;
• Inns or boutique hotels with fewer than five rental units and revenue below CAD 100,000;
• Not-for-profit businesses and organisations;
• Real estate investment (purchasing/constructing/developing property for the purpose of earning a return on investment, through rental income, future resale of the property, or both); however, construction and/or development may be eligible where multiple signed and verifiable contracts are provided; this does not include the purchase of existing properties and/or businesses.
• Professional practices and services where the candidate does not provide evidence of licensing and/or certification in New Brunswick;
• Being a passive investment programme relating to immigration under subsection 87(5)(b) of the Immigration and Refugee Protection Regulations and as defined by IRPR 87(9);
• Being carried out remotely from a jurisdiction outside New Brunswick.
• Providing products and/or services used mainly during a particular period of the year; note: the business must operate continuously 12 months a year.
• Promoting and/or selling controlled substances and illegal drugs, prescription medicines and items used to produce controlled substances and/or drug paraphernalia;
• Promoting and/or selling illegal items and items that encourage, promote, facilitate or instruct others to take part in illegal activity, including but not limited to counterfeit products, copies of films, software and brands, and so on;
• And that by association could damage the Department’s reputation.

The New Brunswick Business Immigration Stream application process

Step 1: Submit an Expression of Interest (EOI)

The first step towards becoming a permanent resident in New Brunswick under the Business Immigration Stream is to submit an EOI to register for the programme. Before submitting an EOI, an individual must demonstrate at least one of the following connections:

• A visit to New Brunswick lasting at least five working days within the 12 months before the EOI is submitted;
• The candidate and/or their spouse/common-law partner holds a degree or certificate requiring at least two years of full-time study at a New Brunswick post-secondary institution (after completing secondary school);
• The candidate and/or their spouse/common-law partner has experience in a skilled occupation (NOC A, B or 0) for a New Brunswick company for at least 12 continuous months (30 hours a week);
• The candidate and/or their spouse/common-law partner has a family member (that is, a parent, grandparent, aunt, uncle, niece or nephew who is a Canadian permanent resident or citizen) resident in New Brunswick for at least 12 months, or dependent children studying in the province.

To be included in the pool of prospective candidates, an individual must meet the minimum eligibility requirements, score at least 65 points across all the selection factors, and present a business idea setting out the significance of the business to the province’s economic growth.

The NBPNP ranks candidates in the pool using a points system called the Comprehensive Ranking System, and candidates with higher scores are more likely to receive an invitation to apply to the Business Immigration Stream.

Step 2: Prepare the business plan

The candidate must prepare a business plan setting out the objectives and detailing how they will be achieved. As the owner or operator of the business, they will need to be actively involved in developing the plan. They are not prohibited from engaging a third party to help develop the plan, but they are expected to have full knowledge of the plan and are responsible for its contents. Where they are found not to know the details and/or to be unable to defend the plan, their application will be refused.

Step 3: Invitation to Apply

Candidates successfully selected from the pool receive a written invitation to apply (ITA) to submit a full application to the NBPNP. Invited candidates have 90 days to submit a complete application together with the required supporting documents.

Step 4: Apply to the New Brunswick Business Immigration Stream

Along with signing all the required forms and providing documents in the required format, the candidate needs to submit a more detailed business plan with their application. Various departments of the Government of New Brunswick may review the detailed business plan submitted with the full application in order to:

• Assess the overall quality of the plan;
• Assess whether the candidate carried out adequate research when preparing the plan;
• Determine the practical application of the business plan in New Brunswick;
• Consider the likelihood of the business becoming economically stable through implementation of the plan;
• Consider any other factors at the NBPNP’s discretion.

All candidates must undergo a professional personal asset verification process. The service provider must provide a copy of the Personal Asset Verification Report to the NBPNP after assessing the candidate’s total verifiable assets, verifiable unencumbered funds, details of the lawful accumulation of the finances, and any financial concerns that may require further investigation.

Step 5: Interview

During the assessment of the application, the candidate may be required to attend an interview with NBPNP Programme Officers. Although attending an interview is not a mandatory step in the application process, candidates who are asked to attend must do so in person or by web-based video conference.

The purpose of the interview is to verify the information submitted in the application and to confirm the candidate’s understanding and knowledge of the business plan and its implementation. A candidate may be refused where NBPNP Programme Officers are not satisfied with the candidate’s performance at the interview.

Step 6: Nomination and the Canadian permanent residence application

If nominated by New Brunswick, the candidate receives a provincial nomination certificate, valid for nine months from the date of issue. Business candidates are required to submit a complete application for Canadian permanent residence to Immigration, Refugees and Citizenship Canada (IRCC) within a period of six months.

Who is not eligible to apply to the New Brunswick Business Immigration Stream

Candidates should not apply if they:

• Have an application in process under another immigration programme in Canada;
• Own property and/or a business in another Canadian province or territory;
• Are not lawfully resident in their country of residence at the time the application is received at the NBPNP Office (proof of lawful residence is required);
• Have an unresolved humanitarian and compassionate claim in Canada;
• Are unsuccessful humanitarian and compassionate claimants living in Canada;
• Have an unresolved asylum claim in Canada;
• Are failed asylum claimants living in Canada;
• Are subject to a removal order in Canada;
• Are inadmissible to Canada;
• Are studying full-time at post-secondary level;
• Are a live-in caregiver;
• Are a seasonal worker.