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Other Questions
& Answers about immigrating to Canada
 How
long does the application process take?
What
happens after I receive my visa?
What
if I or my dependents are unable to travel to Canada before
our visas expire?
Why
would my immigration application be refused? What are the
consequences of a refusal?
What
are the rights and obligations of a permanent resident of
Canada?
If
I choose to apply in one business immigration category and
later decide to switch to the other, can I do so?
Should
I apply as an entrepreneur or as an investor?
Can
I make any kind of investment in Canada I want in order
to qualify in the investor category?
How
do I prove my qualifications to the visa officer?
What
role do provincial governments have in the entrepreneurial
immigration process?
Should
I make an exploratory visit to Canada before submitting
my application?
Q: How long does the
application process take?
A: Applications are processed on a first-come, first-served
basis. The duration depends on the number of applications ahead
of you at the visa office where you apply, and any complications
which may arise during the processing of your application. Generally
speaking, it usually takes between 6 and 18 months from the
time an immigration application is submitted to finalize the
case and issue visas.
Q: What happens after
I receive my visa?
A: Your visa has a validity date on it, which is usually one
year from the date you or your dependents started the immigration
medical examination process. This date usually gives you several
months to put your affairs in order and make the necessary arrangements
in your home country before leaving for Canada. You and your
dependents must travel to Canada and present your immigration
visas at a Canadian port of entry before the validity date.
Your dependents may choose not to accompany you when you leave
for Canada but to follow later. This is permissible, providing
they arrive in Canada before their visas expire. Your dependents
cannot, however, travel to Canada before you do to present their
visas. You must report any births, deaths, adoptions, marriages,
separations, divorces, serious illnesses or criminal proceedings
involving immigrating family members that take place after your
visas have been issued and before you depart for Canada to the
office which issued your visa. Failure to do so may render your
visas invalid. The visa office will instruct you what steps
to take in regard to these new developments. When you arrive
in Canada, you must present your visa to a customs/immigration
officer who will complete landing formalities. You and your
dependents who accompany you to Canada will become landed immigrants
and accorded the status of permanent residents of Canada at
that time.
Q: What if I or my dependents
are unable to travel to Canada before our visas expire?
A: The validity of a visa cannot be extended. If your visa expires
before you present it at a Canadian port of entry, it is void.
If you are still interested in immigrating to Canada, you must:
return your unused visas to the visa office and make a new application.
Q: Why would my immigration
application be refused? What are the consequences of a refusal?
A: Among the most common reasons for refusal are failure to
meet the following requirements of Canada immigration law:
- you are unable to prove
to the visa officer that you meet the immigration criteria
- you and/or your dependents fail
to meet the prescribed medical standards
- you and/or your dependents do
not pass criminal or security checks.
If your application is refused, a visa officer will advise you
in writing by of the reasons for the refusal. You are free to
apply again for immigration to Canada anytime. The fact that
they have previously refused you will not affect your subsequent
application. However, you must show that you have overcome the
reasons why they refused your first application.
Q: What are the rights
and obligations of a permanent resident of Canada?
A: As permanent residents, you and your dependents have the
right to live, study and work indefinitely in Canada. Your permanent
resident status gives you the right to apply for Canadian citizenship,
and to hold a Canadian passport, once you have met citizenship
requirements. Meanwhile, as a permanent resident you are entitled
to all social benefits accorded to Canadian citizens. You are
obligated as a resident to pay Canadian income tax on your worldwide
earnings. There are very few limitations imposed on you in Canada
by virtue of your permanent resident status. You may be unable
to vote in certain Canadian elections or ineligible for certain
jobs requiring high-level security clearance. You may be deported
if you or your dependents commit serious crimes while you are
permanent residents. You may also be deported if you were issued
a conditional immigrant visa and have failed to abide by the
terms and conditions of that visa. Your permanent resident status
is in effect until you become a Canadian citizen or until you
abandon Canada as your place of permanent residence. Short trips
outside Canada for business reasons will not normally affect
your permanent resident status. However, if your absences are
frequent and/or lengthy enough to indicate that you are living
somewhere other than Canada, you may be deemed by law to have
abandoned Canada and will lose your permanent resident status.
Traveling to Canada to present your visas for landing and then
returning to live in your home country (or elsewhere) indefinitely
will, except in the few exceptional and specific circumstances
permitted by law, result in loss of Canadian permanent resident
status.
Q: If I choose to apply
in one business immigration category and later decide to switch
to the other, can I do so?
A: You may - it depends on the timing of your decision. If it
is early enough in the processing of your application, you can
generally switch from entrepreneur to investor or vice versa
without any consequences. You must inform the responsible visa
office in writing of your request. Note: If you wish to switch
from the investor to the entrepreneur category, and have already
committed funds to an investment offering, before contacting
the visa office, you should get in touch with the manager of
the investment offering to find out if, and under what circumstances,
your funds may be returned to you. Once you have been issued
a visa, you cannot, under any circumstances, switch categories.
If you are issued an entrepreneur visa, you must establish a
business within two years. If you are issued an investor visa,
your money will, by law, remain locked into your chosen investment
for the five year holding period.
Q: Should I apply as
an entrepreneur or as an investor?
A: You should first carefully assess the definitions to determine
if you meet both of them, and therefore have this choice available
to you. If you do, the decision is up to you. The categories
are accorded equal priority in terms of visa processing times.
Each category has its own particular characteristics.
Q: Can I make any kind
of investment in Canada I want in order to qualify in the investor
category?
A: No. You can only invest in a business or fund that:
a) has qualified under the Business
Immigration Program and
b) has an investment proposal
whose offering period has not yet expired and whose
maximum subscription level has
not yet been met.
An investment offering qualifies under the program after it
has passed a two-stage process. First, the province where the
investment will be made reviews the proposal. If it is established
that the project will make a positive contribution to the province
economic development, the proposal passes on to a review by
federal government officials, primarily to ensure the project
set-up complies with Canada Immigration Act and Regulations.
Offerings which pass this review process can be placed on the
market and sold only for a defined time period. Once the marketing
period has expired, the offering is no longer an eligible investment
that is, they may neither market nor sell subscriptions. A list
of all currently active investment offerings is available on
request from visa offices.
Q: How do I prove my
qualifications to the visa officer?
A: At some point in the selection process, you will be called
upon to provide documentation to help prove to the visa officer
that you do meet the entrepreneur definition. Proof of a successful
business management background will help establish that you
have the ability to set up and operate a business venture in
Canada. You should be prepared to provide business and personal
income tax records, audited financial statements, business records,
official company organization charts and other documents of
this nature. You must also satisfy the visa officer that you
have sufficient assets available for your business venture and
to establish yourself and your dependents in Canada, for example,
bank statements, property and business valuations, share certificates
and other documents of this nature. The visa office will tell
you what documents to provide and when to submit them. You may
be asked to explain any ambiguities, inconsistencies, shortcomings
or gaps in these documents in a personal interview with a visa
officer.
Q: What role do provincial
governments have in the entrepreneurial immigration process?
A: The provinces' role is primarily one of guidance and counseling
for applicants who are considering setting up businesses within
their borders. It is in your best interest as a prospective
business immigrant to be aware of the particular province's
business development needs and available programs to assist
entrepreneurs in setting up businesses to meet those needs.
With the exception of the province of Quebec, provincial officials
are not directly involved in the selection of entrepreneurial
immigrants. The final responsibility for approving or refusing
the applications of persons not destined to live in Quebec lies
exclusively in the hands of visa officers representing the federal
government. Most provinces are eager to meet with prospective
entrepreneurial applicants who are visiting Canada or who approach
their representatives overseas. Several hold formal counseling
seminars for this purpose. We suggest you contact provincial
officials well in advance of any planned visit to Canada to
arrange an appointment for information on the assistance they
can offer and their particular needs and expectations.
Q: Should I make an
exploratory visit to Canada before submitting my application?
A: You are under no obligation to make an exploratory visit.
However, we do recommend such visits as many applicants find
them beneficial. As well as providing the opportunity to meet
with provincial officials, they give you a chance to acquire
first-hand knowledge about living and doing business in Canada,
knowledge which can only assist you when the time comes to proceed
with a specific business project. You may need a Canadian visitor
visa to travel to Canada for an exploratory visit. Please contact
our office for assistance.
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B213 - 2099 Lougheed Hwy, Shaughnessy Square, Port Coquitlam, BC.V3B1A8 Canada.
