Patricia Casaburi
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.
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. Immigrant entrepreneurs who want to settle in Canada through the Start-up Visa program must first obtain backing from a designated organization set by the IRCC (Immigration, Refugees and Citizenship Canada).
The start-up business must get support from one of the following designated organizations:
- Venture capital fund
- Angel investor group
- Business incubator
The Canadian Startup Visa program (SUV Program) should promote economic growth and provide or preserve jobs for Canadian workers. Applicants must have a qualifying business, meet language proficiency standards, and have sufficient settlement funds.
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 |
How to get support from a designated organization?
A designated organization determines which start-up business fits the criteria for economic growth and job creation under the Startup Visa (SUV program). A designated organization provides immigrant entrepreneurs with a letter of support and a way to secure a minimum investment (or backing).
For example, to obtain support from:
- 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.
- 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.
- 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.
Immigration lawyers can connect you with a designated organization or provide a partner business to develop the business plan and obtain a letter of support, alongside a commitment certificate, from a designated organization.
How to qualify 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, meeting language requirements (in English or French), and having enough money to live in Canada.
Here is a more detailed overview of the criteria:
- A qualifying start-up business for the Start-up Visa application must be innovative, scalable, and have the potential to create significant economic benefits for Canada.
- Language proficiency based on Canadian Language Benchmark (CLB) 5 in English or French is required. Language test results can provide proof of high language proficiency.
- Bringing enough money to settle means showing that you have sufficient settlement funds besides the venture capital fund to support yourself and your dependent family members in Canada.
What is a qualifying business for the Startup Visa?
The qualifying business for the Start-up Visa program must compete on an international scale and create jobs. A designated organization panel will assess the concept for your start-up business venture, its 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.
After compiling the proof for voting shares, foreign nationals can then attach all the documents to the official website for the Startup Visa.
Can I get a work permit to focus on my start-up business?
Immigrant entrepreneurs who applied for the Start-up Visa Program (SUV Program) may be allowed to apply for a work permit, while the application process for permanent residence is still pending.
To qualify for a work permit under Start-up Visa, immigrant entrepreneurs must prove that:
- They have received a letter of support from a designated organization for the innovative business.
- They have obtained a commitment certificate from a designated organization.
- They have a letter of support explaining the need for an urgent work permit and Canadian immigration.
- They have been admitted to Canada to set up a start-up business.
- There are no reasons for Canadian immigration officials to deny you entry during the application process.
How much does it cost to have enough settlement funds?
The Start-Up Visa program requires active and ongoing management to ensure the success of new start-up business. The minimum sufficient funds required depends on the number of accompanying family members moving to Canada. Sufficient funds ensure that you can settle comfortably, invest financial resources into your company, and boost economic growth for your start-up business. The table below provides a detailed guideline for sufficient funds.
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 | $3,958 |
Startup Visa Lawyer Fees and Costs
The fees for a Startup Visa lawyer typically range from CAD$ 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 Immigration, Refugees and Citizenship Canada (IRCC) application processing fees, are separate from immigration lawyer fees. Additionally, the location of immigration lawyers can influence costs, with practitioners in major cities like Toronto or Vancouver often charging higher rates.
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 |
Note: There are additional costs for medical exams, language tests, authentication and translation of documents (when necessary), legal assistance, and so on.
How Can Global Citizen Solutions Help You?
Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments.
We guide you from start to finish, taking you beyond your citizenship or residency by investment application.
Frequently Asked Questions about the 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.
Do I need a lawyer to apply for the Canada Startup Visa?
While the business immigration process doesn’t legally require you to work with an immigration lawyer, it is highly advisable to do so. A Canadian immigration lawyer for the Start-up Visa program can help immigrant entrepreneurs manage the application process and open a start-up business. A Startup Visa lawyer assists foreign nationals in avoiding common mistakes that could delay or cause rejection.
What does a Startup Visa lawyer do?
A Canadian immigration lawyer for the Start-up Visa program provides legal services that can navigate the complex business immigration programs. They help with Canada Startup Visa application process, 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 new business has the best chance 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 application 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.
What are the benefits of the Canada Start-Up Visa?
The Start-Up Visa Program (SUV Program) has many advantages, including:
- Access to permanent residence
- Sponsorship for accompanying family members
- High living standards
- Flexibility and mobility
- Chance to create an innovative business in a global market
- Potential for Canadian citizenship
Does the Start-up Visa program link the permanent residence to the performance of my business?
The SUV Program does not link your permanent residency status to the performance of your start-up business. Once successful applicants receive permanent residence, they are free to pursue any entrepreneurial or professional opportunities within Canada. Immigration law consultation can help with the application process and simplify immigration law.
How do I find the best lawyer for Canada’s Startup Visa as an entrepreneur?
To find the best 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, scalable business models, and designated organizations, like a venture capital fund.
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 with the start-up business. Immigration lawyers 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 permanent residency through the Canadian Startup Visa Program can take about 40 months. But the processing time varies based on the 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.
What legal documents are required for the Startup Visa and how can a lawyer help?
Startup founders must provide documents to prove settlement funds, language requirements, a business proposal, a letter of support from a designated organization, and other supporting documents. A Canadian immigration lawyer provides legal representation for immigration and immigration document preparation, which creates a more efficient permanent residence pathway.
How can a 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. The law society can provide guidance on the appropriate steps to take, such as gathering support from a designated organization for the Start-up Visa program.
Who invests in venture capital funds for the Start-up Visa program?
Venture capital funds come from public and private investors. These include federal programs, provincial governments, pension funds, insurance companies, university endowments, corporations, etc. They back high-risk investments designed for entrepreneurs looking for permanent residency, and potentially even Canadian citizenship.
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.
