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Federal Entrepreneur visa - early entry possible?

Federal Entrepreneur visa - early entry possible?

Old Jan 23rd 2009, 1:19 am
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Default Federal Entrepreneur visa - early entry possible?

Hi all,
We have applied for PR through the Federal Entrepreneur option. Our present business (B and B) is up for sale. We have been told that if we sell the business before our application is processed we would be able to possibly gain early entry to Canada with a work permit under the provision of 'significant benefit to Canada'. - (creating jobs?) We have a daughter(age 9) so being able to attend school would be a must.
We have also been told that if we purchase a business, and our application is denied, we would have to sell up leave. However finding a suitable business can take several months, and we would hope that our Entrepreneur application would be approved meantime. We are presently in the US, and have applied through Buffalo.
However can't find much info this, so not even sure if this is a viable option. Has anyone done this? How do you go about it?
Any advice would be much appreciated.
Cheers, Annette
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Old Jan 23rd 2009, 1:42 am
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Default Re: Federal Entrepreneur visa - early entry possible?

Originally Posted by InnMaine
Hi all,
We have applied for PR through the Federal Entrepreneur option. Our present business (B and B) is up for sale. We have been told that if we sell the business before our application is processed we would be able to possibly gain early entry to Canada with a work permit under the provision of 'significant benefit to Canada'. - (creating jobs?) We have a daughter(age 9) so being able to attend school would be a must.
We have also been told that if we purchase a business, and our application is denied, we would have to sell up leave. However finding a suitable business can take several months, and we would hope that our Entrepreneur application would be approved meantime. We are presently in the US, and have applied through Buffalo.
However can't find much info this, so not even sure if this is a viable option. Has anyone done this? How do you go about it?
Any advice would be much appreciated.
Cheers, Annette
The first thing is that if you just want to go to Canada to look for a suitable business or even buy a business but not operate it yet you can do that on a visitor visa. If you want to operate a business prior to getting PR status then you need a work permit as you say. Whether on a work permit or visitor visa there is always the risk that your PR application could be unsuccessful and you could be asked to leave Canada (leaving you with a business in Canada that you own that you wouldnt be able to work in directly).

It is possible to get a work permit as an entreprenuer while an application for PR as an entreprenuer is being processed however its not an easy route. Suceess hinges on two aspects:

1) that you can demonstrate to the visa officer's satisfaction that you have "the ability and willingness" to leave Canada when the WP expires if your PR application is not successful

2) that there are "compelling and urgent reasons" to admit you to Canada to operate the business before the processing of the PR application is complete. The fact that the lengthy processing times are an inconvenience is not a compelling/urgent reason.

To quote from the CIC Operating Manual: "it is expected that it would be a rare applicant who could satisfy an officer that their entry into Canada would provide a significant benefit before their eligibility for permanent residence could be assessed". That probably gives you a bit of a feel for what you're up against here.

There is a member on here - RICH - who went down that route and successfully got a work permit prior to PR. He may be able to give you details of his experience.

Which Province are you moving to? I ask this because if you have the support of the Province (i.e. if they were considering you for Provincial Nomination) then demonstrating the sign ificant benefit becomes much easier. If you have a letter from the Provincial goverment supporting your application and corroberating that your business will result in significant benefit then this may be all you need.

Failing the support of the province you would certainly need support from respected industry groups (such as the local tourism agency/board/council) or economic development agencies or municipal government attesting to the significant benefit to the region that will result from your business venture.
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Old Jan 23rd 2009, 2:06 am
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Default Re: Federal Entrepreneur visa - early entry possible?

[QUOTE=NSpaul;7204677]The first thing is that if you just want to go to Canada to look for a suitable business or even buy a business but not operate it yet you can do that on a visitor visa. If you want to operate a business prior to getting PR status then you need a work permit as you say. Whether on a work permit or visitor visa there is always the risk that your PR application could be unsuccessful and you could be asked to leave Canada (leaving you with a business in Canada that you own that you wouldnt be able to work in directly).



Thanks NSpaul,
That gives me a clearer picture. Does seem to be a rather difficult route to take....thought it would be more straightforward!
Did think about visitor visa, but schooling would be a necessity for our 9yr old...so that probably wouldn't work for us. We can't leave her at 'home' as our legal status in the US ends when we sell the business here. (so compelling reason for early entry perhaps?.....)
We are not being considered for PNP - but hope to look for a business in either BC (hubby's choice) or Ontario(my sister lives there)
Thanks for your info. Much appreciated!

Last edited by InnMaine; Jan 23rd 2009 at 2:20 am.
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Old Jan 23rd 2009, 2:21 am
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Default Re: Federal Entrepreneur visa - early entry possible?

Originally Posted by InnMaine
Thanks NSpaul,
That gives me a clearer picture. Does seem to be a rather difficult route to take....thought it would be more straightforward!
Did think about visitor visa, but schooling would be a necessity for our 9yr old...so that probably wouldn't work for us. We can't leave her at 'home' as our legal status in the US ends when we sell the business here. (so compelling reason for early entry perhaps?.....)
We are not being considered for PNP - but hope to look for a business in either BC (hubby's choice) or Ontario(my sister lives there)
Thanks for your info. Much appreciated!
She would be allowed to attend school on a visitor visa but you would almost certainly have to pay schooling fees until you achieve PR status. There is also health care to consider too which is obviously not provided to visitors so it would mean taking out a private health policy.

The "compelling reason" would need to related to benefit to Canada rather than to yourselves. Its hard to say what that might be. Possibly for example you have purchased a B&B or hotel in an area that was short of accommodation or provided a significant benefit to the local economy. For instance there may be other business (restaurants, attractions etc) whos own success was highly dependant on your accommodation. Your need to gain work authorisation to ensure that you were able to open for the season and play a vital roll in the local area's tourism industry might be the kind of thing that would help you, especially if it was supported by government and industry organisation in your local area by way of letters of support etc.
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Old Jan 23rd 2009, 6:46 am
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Default Re: Federal Entrepreneur visa - early entry possible?

Thanks NSpaul,
Didn't know about the schooling, so that could possibly be an option at the end of the day..
I do think it sounds like we could present a decent case for 'significant benefit' based around employing Canadians and indirectly as you say, through our guests spending their tourist dollars in shops, restaurants and activities. We will see how things go with the sale here, and then decide how to move forward. Thanks again.
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Old Jan 23rd 2009, 7:00 am
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Default Re: Federal Entrepreneur visa - early entry possible?

I moved to Canada with the intention of starting a business and was issued a TWP to do so (under the provision of creating 'significant benefit').

Drop me a line if you've any specific questions.
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Old Jan 23rd 2009, 7:54 am
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Default Re: Federal Entrepreneur visa - early entry possible?

Drop me a line if you've any specific questions.


Thanks R I C H,
I have sent you a PM.
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Old Jan 23rd 2009, 8:45 am
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Default Re: Federal Entrepreneur visa - early entry possible?

The first thing is that if you just want to go to Canada to look for a suitable business or even buy a business but not operate it yet you can do that on a visitor visa.

NSpaul,
Just one more question, - would it be acceptable at POE to say you were looking for a business( with Entrepreneur PR application pending) and would be staying for a few/6 months?..We would have funds to support ourselves.
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Old Jan 23rd 2009, 9:40 am
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Default Re: Federal Entrepreneur visa - early entry possible?

Originally Posted by InnMaine
The first thing is that if you just want to go to Canada to look for a suitable business or even buy a business but not operate it yet you can do that on a visitor visa.

NSpaul,
Just one more question, - would it be acceptable at POE to say you were looking for a business( with Entrepreneur PR application pending) and would be staying for a few/6 months?..We would have funds to support ourselves.
That's what I did.
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Old Jan 23rd 2009, 12:34 pm
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Default Re: Federal Entrepreneur visa - early entry possible?

Originally Posted by R I C H
That's what I did.
Great! Thanks.
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Old Jan 23rd 2009, 6:37 pm
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Default Re: Federal Entrepreneur visa - early entry possible?

Originally Posted by InnMaine
The first thing is that if you just want to go to Canada to look for a suitable business or even buy a business but not operate it yet you can do that on a visitor visa.

NSpaul,
Just one more question, - would it be acceptable at POE to say you were looking for a business( with Entrepreneur PR application pending) and would be staying for a few/6 months?..We would have funds to support ourselves.
i would be interested in some info on this please pm me
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Old Jan 26th 2009, 12:53 am
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Default Re: Federal Entrepreneur visa - early entry possible?

Originally Posted by InnMaine
NSpaul,
Just one more question, - would it be acceptable at POE to say you were looking for a business( with Entrepreneur PR application pending) and would be staying for a few/6 months?..We would have funds to support ourselves.
Yes, exactly. They would probably class you as a Business Visitor but no Work Permit is needed for that as you are not actually entering the Canadian labour market.
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