The Canada Start-Up Visa program is designed to attract foreign nationals worldwide to establish their businesses in Canada. It connects entrepreneurs with Canadian investors and offers a pathway to permanent residency. Applying for the visa can be challenging, so hiring a Canada Startup Visa lawyer can benefit applicants.
An expert lawyer will represent and assist you throughout your visa journey and provide legal guidance for your business activities. Additionally, immigration attorneys can help you compile the necessary documentation to ensure a successful residency visa application.
In this guide, we’ll highlight 10 ways a Canadian business immigration lawyer can assist you, why hiring one is essential, and provide details on the application process, requirements, and associated fees.
- What is the Canada Start-up Visa program and how does it work?
- What are the requirements for the Canada Start-Up Visa program?
- Should you work with a Canada Startup Visa lawyer?
- 10 Ways a Canada Business Immigration Lawyer Can Help You
- What are the benefits of the Canada Start-Up Visa?
- Step-By-Step Application for the Canada Start-up Visa
How does the Canada Start-up Visa program work?
The Canada Start-up Visa program allows foreign entrepreneurs to immigrate by starting a business in Canada. Applicants must have a qualifying business, secure support from a designated organization, meet language proficiency standards, and have sufficient settlement funds. These business immigration programs foster innovation and job creation in Canada.
Start-up Visa: Quick Overview | |
Eligibility Criteria | - Qualifying business |
Designated Organizations | - Venture capital funds (min. $200,000 investment) |
Qualifying Business | - Each applicant holds 10 percent or more voting rights |
Processing Time | About 40 months |
What are the requirements for the Canada Start-Up Visa program?
To qualify for the Start-Up visa programs, foreign nationals need to meet certain requirements like having a qualifying business, getting a letter of support and a commitment certificate from an approved organization, meeting language requirements (in English or French), and having enough money to live in Canada.
Here is a more detailed overview of the criteria:
1. Have a qualifying business
Your qualifying business venture for the Start-up Visa application must be innovative, scalable, and have the potential to create significant economic benefits for Canada. The qualifying business must compete on an international scale and create jobs. A designated organization panel will assess your business concept, viability, and growth prospects.
To receive a commitment certificate from a designated organization, a “qualifying business” must meet the following criteria:
- Each applicant holds 10 percent or more of the voting rights.
- Applicants and the designated entity jointly hold more than 50 percent of the total voting rights.
At the time you receive your permanent residence:
- You provide active and ongoing management of this business from within Canada.
- An essential part of the operations of the business happens in Canada.
- This business venture is incorporated in Canada.
2. Get a letter of support from a designated organization
A letter of support from an Authorized Government Designated Organization (either a venture capital fund, angel investor group, or business incubator program) is crucial in your Start-Up Visa application. This letter, typically accompanied by a commitment certificate, demonstrates that your business idea has been endorsed and supported by a recognized entity in the Canadian entrepreneurial ecosystem.
3. Secure the minimum investment
The minimum investment for the Start-up Visa application depends on the type of designated organization that endorses your business idea.
- Venture capital fund: You must get at least one designated venture capital fund to agree to invest at least 200,000 CAD ($148,000) in your business venture. These venture capital funds can allow for rapid product development, market expansion, and extensive networks.
- Angel investor group: You must get at least one designated angel investor group to agree to invest at least 75,000 CAD ($55,000) in your business venture. An angel investor group often seeks to build a long-term relationship and boost market potential.
- Business incubator program: There are no minimum investment or funding requirements for applicants accepted into a Canadian business incubator program; the applicant’s ideas only need endorsement by one of the business incubators to proceed with investment visa applications.
- Meet the language requirements. A minimum investment is not enough to boost your chances of success. In Canada’s business environment, you need proficiency in English or French. You must provide language test results from an approved testing agency to prove your language skills. You must meet the minimum level of the Canadian Language Benchmark (CLB) 5 in English or French in all four areas: Speaking, reading, listening, and writing.
4. Bring enough money to settle
The Start-Up Visa program requires active and ongoing management to ensure the success of new business ventures. Before arriving in Canada, you must show that you have sufficient settlement funds besides the venture capital fund to support yourself and your dependent family members in Canada. This financial requirement ensures that you can settle comfortably, invest financial resources into your company, and boost economic growth for your start-up business venture.
The minimum sufficient funds required depends on the number of accompanying family members moving to Canada. If you move by yourself, you will need at least CAD$ 14,690 of financial resources in your bank account. This amount of financial resources increases with each family member.
Number of family members | Settlement funds (in Canadian dollars) |
1 | $14,690 |
2 | $18,288 |
3 | $22,483 |
4 | $27,297 |
5 | $30,690 |
6 | $34,917 |
7 | $38,875 |
If your family has more than 7 members, add an extra | $3,958 |
Canada Start-Up Visa Required Documents
You will attach all the documents to the the official website for the Startup Visa. The documents for foreign nationals include:
- Detailed resume (CV) of the candidate
- Draft business proposal
- Copy of passport or legal travel document
- Birth certificate
- Marriage certificate (if married)
- Police Clearance Record from your country of origin and residence
- Proof of sufficient funds: a recent bank statement covering at least six months
- Bank reference letter
- Language test results (IELTS CLB Level 5 or NCLC Level 5)
- Medical examination confirmation from a certified health institution
- Letter of support from a designated entity in Canada
All supporting documents for your application must be legally translated into English or French and certified or apostilled from the corresponding country. This list is not exhaustive, as the immigration office may request additional supporting documents for the business immigration program if necessary.
Should you work with a Canada Startup Visa lawyer?
While the immigration process doesn’t legally require you to work with an immigration lawyer or an immigration law firm for your Canada Start-Up Visa program application, it is highly advisable to do so.
A Canada Startup visa lawyer can help foreign entrepreneurs manage the application process to achieve their business venture. Lawyers assist foreign nationals in avoiding common mistakes that could delay or cause rejection, ensuring the best possible chance of being a successful applicant and receiving a permanent residence status.
The Canada Start-Up Visa program has a lot of requirements, and there is a lot of evidence that foreign nationals have to provide to have the best chance of being approved. Hiring a lawyer won’t mean that your application will get special attention from the Canadian government, and it won’t guarantee your application will be approved.
While both immigration lawyers and Canada Startup visa consultants offer valuable support, immigration lawyers have formal legal training, authority, and a deep understanding of the entire immigration process. Immigration lawyers can also navigate more complex immigration laws and regulations.
10 Ways a Canada Startup Visa Lawyer Can Help You
A Canada business immigration lawyer can play a crucial role in helping individuals applying for the Canada Startup Visa program.
Here are the top ways a Canada Startup Visa attorney can assist:
- Provide legal expertise and guidance tailored to the applicant’s situation.
- Assist with gathering and organizing required documentation for the immigration process.
- Develop comprehensive, compelling, and innovative business ideas.
- Navigate complex legal issues and address admissibility concerns.
- Act as a liaison between the applicant and immigration authorities.
- Advocate for the applicant’s interests throughout the application process.
- Handle appeals or reviews in case of application denials or delays.
- Stay updated on changes to immigration laws and policies.
- Ensure compliance with all program requirements.
- Provide ongoing support and representation as needed, which could open a pathway to permanent residency.
Canada Startup Visa Lawyer Fees and Costs
The fees for a Canada Startup Visa lawyer typically range from CAD$ 10,000 to 25,000 or over, reflecting the need for detailed business plans and legal expertise. It’s important to note that government fees, such as IRCC application processing fees, are separate from immigration lawyer fees. Additionally, the lawyer’s location can influence costs, with practitioners in major cities like Toronto or Vancouver often charging higher rates.
The application fees for the Start-Up Visa program can vary depending on your circumstances. The permanent residence application fee is CAD$ 2,385 for the main applicant, CAD$ 1,525 for your partner, and CAD$ 260 for each dependent child. The biometrics appointment costs CAD$ 85 for a single person or CAD$ 170 for a family of two or more people applying together.
Please note that there are additional costs for medical exams, language tests, authentication and translation of documents (when necessary), legal assistance, and so on.
Fee type | Circumstances | Costs (in Canadian dollars) |
Legal services | Based on location, complexity, and business needs | $10,000 - 25,000+ |
Application fee | Includes processing fee ($1,810) and right of PR fee ($575) | $2,385 |
Application fee | Without right of PR fee | $1,810 |
Application fee for spouse or partner | Includes processing fee ($950) and right of PR fee ($575) | $1,525 |
Application fee per child | Includes only dependent children | $260 |
Biometrics fee | Per person | $85 |
Biometrics fee | Per family of two or over | $170 |
What are the benefits of the Canada Start-Up Visa?
The Start-Up Visa program is known for its efficient and streamlined processing, ensuring that your application is handled promptly and professionally, giving you more time to focus on building your innovative business venture. Here are the benefits it can offer.
- Family sponsorship. Your spouse or common-law partner and dependent unmarried children under the age of 22 will also receive permanent residence and will be able to work and study in Canada. Thanks to the Canadian startup visa program, they will also have access to public healthcare.
- Becoming a permanent resident. One of the most significant advantages of this visa is that it provides a direct path to permanent residence in Canada.
- High living standard. Successful applicants and their family members gain permanent residence status, having access to various social benefits and a high standard of living.
- Flexibility and mobility. Unlike other entrepreneur visa programs, this visa does not link your permanent residency status to the performance of your business. Once successful applicants receive permanent residence, they are free to pursue any entrepreneurial or professional opportunities within Canada.
- Potential for Canadian citizenship. With permanent residence status, you may qualify for Canadian citizenship after residing in Canada for three years. Canadian citizenship offers additional benefits, including the right to vote and unrestricted access to work and study. With a Canadian citizenship you can also boost your networking and promote international expansion.
Step-By-Step Application for the Canada Start-up Visa
Now that you understand the requirements let’s walk you through the step-by-step process of obtaining a Canada Start-Up Visa.
- Develop the business concept and prepare your business plan. Take the time to refine your business concept with your immigration lawyer and create a comprehensive business plan that showcases its potential for the Start-Up Visa program.
- Obtain a letter of support from an authorized, government-designated organization. Connect with designated organizations and secure a supporting letter and a commitment certificate demonstrating their belief in your start-up business.
- Prepare your file and application. Consult with your immigration lawyer to gather all the necessary documents and forms. The immigration lawyer will prepare your application for submission.
- Submit the application for permanent residence. Your immigration lawyer will help submit your application for the Start-Up Visa program through the Canadian immigration authorities.
- Attend the medical and security verification. Undergo medical examinations, security background checks, and biometrics appointments as part of the permanent residency application process. If you’re between 14 and 79 years old, you need to provide fingerprints and photos (biometrics) for every application for permanent residence you submit.
- Receive permanent residence permit. Once your application for the Start-Up Visa program is approved, you will be issued a permanent residence permit. Permanent residency grants long-term stay.
How Can Global Citizen Solutions Help You?
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top residency by investment and citizenship by investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
Frequently Asked Questions about the Canada Startup Visa Lawyer:
What is the Canada Start-up Visa Program?
The Canada Start-up Visa program provides opportunities for foreign entrepreneurs to gain permanent residency in Canada, provided that foreign nationals establish an innovative business that creates jobs and can compete on an international scale.
What does a Canada Startup Visa lawyer do?
A Canadian immigration lawyer for the Start-up Visa program provides legal services that can navigate the complex process. They help with Canada Startup Visa application, resolve legal issues, handle paperwork, and ensure foreign nationals meet all the requirements, increasing their chances of success to receive backing from a designated organization.
What is a letter of support from a designated organization?
A designated organization, like an angel investor group or venture capital fund, provide a letter of support to successful applicants. This serves as proof that they will back your business idea for the Start-up Visa program. The support from a designated organization not only strengthens your Startup Visa application but also signifies to immigration officials that your venture has a viable plan and backing to succeed.
Are there any language requirements for the Canada Start-Up Visa program?
You will need to provide language test results for the Startup Visa from an approved testing agency to prove your language skills. You must meet the minimum level of the Canadian Language Benchmark (CLB) 5 in either English or French in all of these four areas: speaking, reading, listening, and writing.
What is the role of an attorney in the Canada Startup Visa Process?
Overall, the role of an attorney in the Canada Startup Visa process is to provide expert legal guidance, support, and representation to applicants, helping them navigate the complexities of the immigration process, ensuring that all requirements are met to secure permanent residence status.
How do I find the best lawyer for Canada’s Startup Visa as an entrepreneur?
To find the best Canada Startup Visa lawyer for entrepreneurs, look for legal experts with an extensive track record. Use the College’s Public Register to make sure they are authorized. The lawyer must be familiar with the Canadian immigration process, designated organizations, and scalable business models.
What should I expect during a Startup Visa Canada lawyer consultation?
The Start-up Visa lawyer will discuss your case and how you can proceed. They will ask targeted questions about your interest in Canadian immigration, business idea, and specific legal issues. They require an in-depth review of your goals, expectations, and legal services, which helps draft the initial contract.
How long does the Startup Visa process take with legal representation?
The entire immigration process for the Canadian startup visa program can take about 40 months. But, the processing time varies based on the business concept, volume of applications, and submitted documents. Investing in Startup Visa Canada legal services reduces the risk of delays and boosts your chances of getting approved.
How can a Canada Startup Visa lawyer help if my visa application is rejected?
If your Canada Startup Visa application is rejected, an immigration law firm can assist foreign nationals in several ways. Firstly, they can review the reasons for the rejection and assess the grounds for appeal or reconsideration. They can then provide guidance on the appropriate steps to take, such as gathering additional evidence for the Start-up Visa program.
How can a law firm help with Canadian citizenship and permanent residence?
A law firm can be a major asset when applying for Canadian citizenship or permanent residence. Canadian immigration can be a complex and lengthy process, and an immigration lawyer ensures all forms and business documents are complete. The law firm saves time, prevents delays, and reduces the risk of rejection.
