In a recent Federal Court case, 2024 FC 599, key insights were provided that are particularly relevant for applicants of Canada’s Start-Up Visa Program (SUV). The court addressed issues around intent and the importance of having a solid business plan, which are crucial factors for entrepreneurs immigrating under this program.
Key Learnings for Start-Up Visa Applicants:
- Intent to Establish a Business in Canada: The court emphasized that applicants must genuinely intend to launch and operate their business in Canada. Simply using the SUV to enter the country without clear plans to execute a viable business will not suffice. Entrepreneurs must demonstrate through consistent actions and a clear intent that their business will positively contribute to the Canadian economy.
- Business Plan is Critical: The strength of the business plan plays a pivotal role in evaluating the legitimacy of the application. It must be comprehensive, showing market research, potential for growth, and clear goals for the Canadian market. The court often looks into whether the business plan aligns with Canada’s economic needs, and whether the entrepreneur is capable of following through on it.
Guidance from the Immigration and Refugee Protection Act (IRPA):
- Section 25 of IRPA allows immigration officers to make exemptions based on Humanitarian and Compassionate (H&C) grounds, but these are not to be confused with the requirements of the SUV program. Entrepreneurs must focus on compliance with the specific provisions in Section 12(2), which relates to economic immigration, ensuring they meet the necessary financial and business establishment criteria.
- In cases where discrepancies arise (such as in the intent to establish a business), the Federal Court has maintained that an applicant’s genuine commitment to launching their venture in Canada is paramount. Failure to show this commitment could lead to refusal(decisions.scc-csc)(meurrensonimmigration).
Advice for SUV Applicants:
- Demonstrate Genuine Commitment: Ensure that all actions and plans reflect a strong desire to establish your business in Canada. You should already have market connections and an actionable plan before applying.
- Prepare a Comprehensive Business Plan: Your business plan is more than a formal document—it’s the foundation of your immigration success. Include financial projections, partnerships, target markets, and milestones.
- Comply with IRPA Regulations: Familiarize yourself with the IRPA’s economic class provisions to understand the immigration criteria for business entrepreneurs. Sections like 12(2) will help you ensure that your application meets Canada’s economic expectations.
In conclusion, Start-Up Visa applicants need to focus on intent, commitment, and the strength of their business plan to succeed under Canadian immigration law.