Easing the legal admission of professionals, business persons, and skilled workers


Canadian Interests Work Permits for Entrepreneurs

Section 205 of Canada’s¬†Immigration and Refugee Protection Regulations contains provisions for the issuance of temporary work permits on the basis of Canadian Interests. Interpretation of these Regulations in the instructions to immigration officials has included provisions for the issuance of work permits to candidates for permanent resident status who are applying in the Self Employed or Entrepreneur program. These instructions have always been clear that the application of Canadian Interests to such a candidate would be exceptional (i.e., should not be used for a typical candidate) and that there would need to be clear demonstration of a reason for which the Entrepreneur must enter Canada early.

Today, the Minister of Citizenship and Immigration announced the termination of Federal Investor and Entrepreneur programs. These programs had been frozen for some time while an internal evaluation was conducted, and the decision is now that they will not be reinstated. Whereas those instructions governing the admission of foreign workers who are Entrepreneurs have not yet been removed or changed, it is reasonable to expect that there will be less basis for seeking admission of an Entrepreneur under section 205 as it governs Canadian Interests.

There remains other provisions by which business owners or prospective business owners may still be able to seek and obtain temporary admission to work in Canada and/or operate a Canadian Enterprise. Examples of such provisions include Significant Benefit to Canada (i.e., significant social, economic, or cultural benefit), the NAFTA Investor program (which is not to be confused with the now-defunct federal immigrant investor program), and Labour Market Opinions for owner/operators.

Date Posted: February 12, 2014 Posted In: Permanent Resident,Temporary Work Permits

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