BRITISH COLUMBIA PNP: Regional business

Business Category: Regional Business

Applicants for nomination in the Regional Business category will be required to:

1. Make a personal investment of at least $200,000 CAD to establish or to purchase and expand an eligible business anywhere in BC outside of the Vancouver metropolitan area or the Abbotsford metropolitan area
2. Create at least 1 new job in the business for a Canadian or permanent resident
3. Own at least one third (33 1/3%) of the equity of the business
4. Provide active and on-going participation in the day to day management and direction of the business
5. Demonstrate that they have:
1. the skills and experience necessary to establish and operate a commercially viable business in BC;
2. a personal net worth of at least $400,000 CAD obtained from legal sources
3. sufficient unencumbered personal funds to make the required investment
4. a viable business proposal
6. Sign a Performance Agreement with the Province of British Columbia
7. Sign a Deposit Agreement with the Province of British Columbia, if they are seeking a Fast Track nomination

Eligible Business

The BC PNP will only consider applications to establish or purchase and expand a business that meet the following eligibility criteria:

1. The business must be operated for the primary purpose of earning profits from active income through the provision of products/services.
2. The business must have good potential for sustained commercial viability.
3. The business must have the potential to create significant economic benefits to British Columbia by contributing to one or more of the following:
• increasing value-added manufacturing, processing or primary resource activity
• increasing exports of goods or services
• increasing destination tourism
• increasing R&D/technology commercialization
• developing innovative and creative approaches to traditional businesses
• transferring technology, skills and specialized know-how to the province
• servicing an underserved local or regional market

The BC PNP will give special priority to business proposals that contribute to:

• expanding business with the Asia Pacific region
• utilizing wood infected by Mountain Pine Beetle
• diversifying the economies of communities affected by Mountain Pine Beetle damage
• creating business partnerships with the province's First Nations (aboriginal people)
• developing the province's emerging technology industries: alternative energy, clean technologies, information technology, new media, and life sciences

Ineligible Businesses

Applications will NOT be considered for the following types of businesses:

• bed and breakfasts, hobby farms and home-based businesses
• pay day loan, cheque cashing, money changing and cash machine businesses
• pawnbrokers
• coin operated laundries
• automated car wash operations
• sale of used goods (excluding collectibles, or where the business provides value-added services such as repairs, refurbishing, or recycling)
• real estate development/brokerage, insurance brokerage or business brokerage
• businesses involved in the production, distribution or sale of pornographic or sexually explicit products or services, or in the provision of sexually oriented services
• any other type of business that by association would tend to bring the program or the Government of British Columbia into disrepute

In addition, applications will NOT be considered for the following types of businesses in the Vancouver metropolitan area or the Abbotsford metropolitan area:

• convenience stores
• video and DVD rental stores
• gasoline service stations
• personal dry cleaning services
• franchise operations, unless pre-authorized by the BC PNP

Investment in the Business

1. If you are buying the shares of an existing operating business no more than two thirds of the applicable minimum personal investment can apply to the purchase of shares, and you must acquire ownership and control of at least one third of the business. The shares you buy to purchase the business must be common full-voting shares and must not have a redemption option.
2. If you are buying the assets of an existing business no more than two thirds of the applicable personal investment can be applied to the purchase of these assets.
3. The applicable minimum personal investment can not be applied to the purchase of real estate unless you can show that it is essential to the business, in which case no more than two thirds of this investment can be applied for this purpose

The applicable minimum personal investment can be applied to the following types of business costs, provided that the amounts are reasonable for the business involved:

• machinery, equipment, furniture and fixtures o leasehold improvements
• inventory
• patents and licenses
• franchise purchase fees
• allowable real estate and franchises
• Initial promotion and marketing
• other start-up expenses, such as incorporation and permit fees, legal and other professional fees

If, because of the nature of your business, you are unable to apply the full amount of the minimum required personal equity investment to these types of expenditures, you may apply the balance to wages, building rent and other normal operating expenses (excluding any payments to yourself or family members) during the first six months of operations if you are establishing a new business, or three months if you are buying a franchise or an existing business.

Exploratory Visit

Visiting British Columbia is an important first step for everyone thinking about applying to the BC PNP as a business immigrant.

An exploratory visit will allow you to:

1. Investigate potential business opportunities
2. Establish local business contacts
3. Attend the BC PNP’s Business Immigration Seminar
4. Get introductory business counseling
5. Learn about health care and education, housing, culture, recreation and lifestyle

British Columbia PNP-Application Process for Business Skills and Regional Business Categories

1. As a first step the prospective migrant must submit preliminary application and business proposal for review by the BC PNP. There is no fee for a Preliminary Application. Our mandate includes filing of preparation and filing of preliminary application for required approval. Against approval of preliminary application, you will be invited to file a formal application. If you have submitted three unsuccessful Preliminary Applications during the past 2 years, the BC PNP will not accept any further applications for a period of 2 years from the date of the last rejection
2. At this stage, the applicants are encouraged to conduct an exploratory visit British Columbia. The Formal Application requires the applicant to submit relevant forms, supporting documentation, a business plan and a non-refundable fee of CAD $3,000 CAD BC PNP processing fee. The Business Skills applicants proposing supporting the nomination of a key staff member must also pay an additional $1,000. In such cases we will prepare separate application for key staff member, for an additional fee.
3. Applications in the Regional Business category are limited to principal applicants – there is no provision to include foreign key staff as co-applicants for nomination.
4. WE can provide assistance of preparation of the business plan, with proper cooperation and involvement of professionals and agents at an additional cost. Quotation for such assistance will differ from case to case basis.
5. Your completed application will be reviewed by a BC PNP business advisor. The information and supporting documentation submitted in your application must be verifiable to the satisfaction of BC PNP’s satisfaction.
6. The applicant will be required to attend a personal interview with a business advisor to discuss your application.
7. If the application is approved, the applicant will be required to sign a Performance Agreement with the Province of British Columbia. The Performance Agreement sets out terms and conditions for nomination that relate to implementing the applicants business proposal. The agreement identifies key steps and milestones in establishing the proposed business, such as incorporating a company, leasing a building, buying and installing equipment, obtaining permits and hiring employees. These key steps and milestones MUST be included in the business plan.
8. The BC PNP will issue the applicant with a letter of support for a 2-year federal temporary work permit. This permit will allow the applicant to work legally in Canada to begin implementing his business proposal. He must submit your application for a work permit within 60 days of the date on the BC PNP’s support letter. We will assist in preparation of the work permit application to be filed with the Canadian high commission, New Delhi. 
9. Once the applicant has signed a Performance Agreement, he will be accepted as a Nominee Candidate. He now has an option of pursuing a Fast Track nomination or a Regular nomination. The Fast Track option offers immediate nomination for permanent residence, in return for which the applicant will make a conditionally refundable $125,000 CAD deposit with the Province of British Columbia. The deposit will be refunded (without interest) once the applicant has met the terms of conditions of the Performance Agreement and Deposit Agreement. Otherwise he will have to wait for a refund. Applicants in the Business Skills category should note that the Fast Track option is NOT available to foreign key staff included in their application The Regular option allows the applicant to continue working to implement on business on the federal work permit, and leads to nomination when he has met the terms of conditions of the Performance Agreement.

Our comments

• This is one of the most expensive provinces of Canada and it is highly unlikely that you will be able to start or buy an eligible business within the minimum mentioned funds of CAD 200,000/-
• There are major restrictions as regards the businesses in which one can invest and the program has a clear listing of eligible and ineligible businesses. A careful review of eligible businesses will indicate that the actual investments may far exceed the minimum mentioned funds of CAD 200,000/-
• One cannot invest in business of one’s choice or size.
• One cannot live off passive investments.
• In the absence of deposit agreement and actual deposit of CAD 125,000/-, the applicant landing on a two year work visa and NOT on a resident status. This will mean major financial exposure without actual resident status in hand. Resident status is not confirmed unless the applicant has met all the requirements as suggested and mentioned in the business plan submitted at the time of approval.
• If one wishes to land on a fast track resident visa, then the requirement is for an interest free deposit of CAD 125,000/-. This deposit is non-refundable is the applicant does not meet all the requirements and conditions of the performance guarantee and deposit agreement.
• This is a conditional visa.
• One should factor in the costs to be incurred towards the exploratory visit and related expenses like boarding, lodging, traveling to the province. Those with no past international travel history may face problems in getting a visit visa to make such a visit.
• One should factor in the costs towards the preparation of business plan during the visit
• In nutshell this is a conditional visa which, given the add-on costs, may in the end cost up to CAD 150000/- or more, if the deposit is lost since the applicant failed to meet the conditions and requirements related to the performance guarantee and deposit agreement.
• However, this is an excellent program for those intending to make province their home and in a position to meet all conditions leading up to refund of deposit. This province has one of the best weather climates in Canada.
• One has an advantage of getting residency of one of the best provinces of Canada.

Business Category: Business Skills

Applicants for nomination in the Business Skills category will be required to:

1. Make a personal investment of at least $400,000 CAD to establish or to purchase and expand an eligible business anywhere in BC.
2. Create at least 3 new jobs in the business for Canadians or permanent residents.
3. Own at least one third (33 1/3%) of the equity of the business.
4. Provide active and on-going participation in the day to day management and direction of the business.
5. Demonstrate that they have:
1. the skills and experience necessary to establish and operate a commercially viable business in BC;
2. a personal net worth of at least $800,000 CAD obtained from legal sources
3. sufficient unencumbered personal funds to make the required investment
4. Submit a viable business proposal.
6. Sign a Performance Agreement with the Province of British Columbia.
7. Sign a Deposit Agreement with the Province of British Columbia, if they are seeking a Fast Track nomination
8. Principal applicants in the Business Skills category may include 1 foreign key staff person as a co-applicant for nomination, but must still create 3 jobs for Canadians or permanent residents.

Eligible Business

The BC PNP will only consider applications to establish or purchase and expand a business that meet the following eligibility criteria:

1. The business must be operated for the primary purpose of earning profits from active income through the provision of products/services.
2. The business must have good potential for sustained commercial viability.
3. The business must have the potential to create significant economic benefits to British Columbia by contributing to one or more of the following:
• increasing value-added manufacturing, processing or primary resource activity
• increasing exports of goods or services
• increasing destination tourism
• increasing R&D/technology commercialization
• developing innovative and creative approaches to traditional businesses
• transferring technology, skills and specialized know-how to the province
• servicing an underserved local or regional market

The BC PNP will give special priority to business proposals that contribute to:

• expanding business with the Asia Pacific region
• utilizing wood infected by Mountain Pine Beetle
• diversifying the economies of communities affected by Mountain Pine Beetle damage
• creating business partnerships with the province's First Nations (aboriginal people)
• developing the province's emerging technology industries: alternative energy, clean technologies, information technology, new media, and life sciences

Ineligible Businesses

Applications will NOT be considered for the following types of businesses:

• bed and breakfasts, hobby farms and home-based businesses
• pay day loan, cheque cashing, money changing and cash machine businesses
• pawnbrokers
• coin operated laundries
• automated car wash operations
• sale of used goods (excluding collectibles, or where the business provides value-added services such as repairs, refurbishing, or recycling)
• real estate development/brokerage, insurance brokerage or business brokerage
• businesses involved in the production, distribution or sale of pornographic or sexually explicit products or services, or in the provision of sexually oriented services
• any other type of business that by association would tend to bring the program or the Government of British Columbia into disrepute

In addition, applications will NOT be considered for the following types of businesses in the Vancouver metropolitan area or the Abbotsford metropolitan area:

• convenience stores
• video and DVD rental stores
• gasoline service stations
• personal dry cleaning services
• franchise operations, unless pre-authorized by the BC PNP

Investment in the Business

1. If you are buying the shares of an existing operating business no more than two thirds of the applicable minimum personal investment can apply to the purchase of shares, and you must acquire ownership and control of at least one third of the business. The shares you buy to purchase the business must be common full-voting shares and must not have a redemption option.
2. If you are buying the assets of an existing business no more than two thirds of the applicable personal investment can be applied to the purchase of these assets.
3. The applicable minimum personal investment can not be applied to the purchase of real estate unless you can show that it is essential to the business, in which case no more than two thirds of this investment can be applied for this purpose

The applicable minimum personal investment can be applied to the following types of business costs, provided that the amounts are reasonable for the business involved:

• machinery, equipment, furniture and fixtures
• leasehold improvements
• inventory
• patents and licenses
• franchise purchase fees
• allowable real estate and franchises
• Initial promotion and marketing
• other start-up expenses, such as incorporation and permit fees, legal and other professional fees

If, because of the nature of your business, you are unable to apply the full amount of the minimum required personal equity investment to these types of expenditures, you may apply the balance to wages, building rent and other normal operating expenses (excluding any payments to yourself or family members) during the first six months of operations if you are establishing a new business, or three months if you are buying a franchise or an existing business.

Exploratory Visit

Visiting British Columbia is an important first step for everyone thinking about applying to the BC PNP as a business immigrant.

An exploratory visit will allow you to:

1. Investigate potential business opportunities
2. Establish local business contacts
3. Attend the BC PNP’s Business Immigration Seminar
4. Get introductory business counseling
5. Learn about health care and education, housing, culture, recreation and lifestyle

Application Process for Business Skills and Regional Business Categories

1. As a first step the prospective migrant must submit preliminary application and business proposal for review by the BC PNP. There is no fee for a Preliminary Application. Our mandate includes filing of preparation and filing of preliminary application for required approval. Against approval of preliminary application, you will be invited to file a formal application. If you have submitted three unsuccessful Preliminary Applications during the past 2 years, the BC PNP will not accept any further applications for a period of 2 years from the date of the last rejection
2. At this stage, the applicants are encouraged to conduct an exploratory visit to British Columbia.
3. The Formal Application requires the applicant to submit relevant forms, supporting documentation, a business plan and a non-refundable fee of CAD $3,000 CAD BC PNP processing fee. The Business Skills applicants proposing supporting the nomination of a key staff member must also pay an additional $1,000. In such cases we will prepare separate application for key staff member, for an additional fee.
4. WE can provide assistance of preparation of the business plan, with proper cooperation and involvement of professionals and agents at an additional cost. Quotation for such assistance will differ from case to case basis.
5. Your completed application will be reviewed by a BC PNP business advisor. The information and supporting documentation submitted in your application must be verifiable to the satisfaction of BC PNP’s satisfaction.
6. The applicant will be required to attend a personal interview with a business advisor to discuss your application.
7. If the application is approved, the applicant will be required to sign a Performance Agreement with the Province of British Columbia. The Performance Agreement sets out terms and conditions for nomination that relate to implementing the applicants business proposal. The agreement identifies key steps and milestones in establishing the proposed business, such as incorporating a company, leasing a building, buying and installing equipment, obtaining permits and hiring employees. These key steps and milestones MUST be included in the business plan.
8. The BC PNP will issue the applicant with a letter of support for a 2-year federal temporary work permit. This permit will allow the applicant to work legally in Canada to begin implementing his business proposal. He must submit your application for a work permit within 60 days of the date on the BC PNP’s support letter. We will assist in preparation of the work permit application to be filed with the Canadian high commission, New Delhi.
9. Once the applicant has signed a Performance Agreement, he will be accepted as a Nominee Candidate. He now has an option of pursuing a Fast Track nomination or a Regular nomination. The Fast Track option offers immediate nomination for permanent residence, in return for which the applicant will make a conditionally refundable $125,000 CAD deposit with the Province of British Columbia. The deposit will be refunded (without interest) once the applicant has met the terms of conditions of the Performance Agreement and Deposit Agreement. Otherwise he will have to wait for a refund. Applicants in the Business Skills category should note that the Fast Track option is NOT available to foreign key staff included in their application
10. The Regular option allows the applicant to continue working to implement on business on the federal work permit, and leads to nomination when he has met the terms of conditions of the Performance Agreement.

Our comments

• The program has high net worth requirements of CAD 800,000 or more.
• This is one of the most expensive provinces of Canada and it is highly unlikely that you will be able to start or buy an eligible business, in any of the major cities within the minimum mentioned and required investment of CAD 400,000/-.The set-up costs- business and personal and family- are very high as it is one of the most expensive provinces of Canada.
• There are major restrictions as regards the businesses in which one can invest and the program has a clear listing of eligible and ineligible businesses. A careful review of eligible businesses will indicate that the actual investments, in major cities and in eligible businesses may far exceed the minimum mentioned funds of CAD 400,000/-
• One cannot invest in business of one’s choice or size.
• One cannot live off passive investments.
• In the absence of deposit agreement and actual deposit of CAD 125,000/-, the applicant landing on a two year work visa and NOT on a resident status. This will mean major financial exposure without actual resident status in hand. Resident status is not confirmed unless the applicant has met all the requirements as suggested and mentioned in the business plan submitted at the time of approval.
• If one wishes to land on a fast track resident visa, then the requirement is for an interest free deposit of CAD 125,000/-. This deposit is non-refundable is the applicant does not meet all the requirements and conditions of the performance guarantee and deposit agreement.
• At the minimum one must create employment for three local residents/citizens. This is a very major cost, on annualized basis that one should factor in the business plan.
• One should factor in the costs to be incurred towards the exploratory visit and related expenses like boarding, lodging, traveling to the province. Those with no past international travel history may face problems in getting a visit visa to make such a visit.
• One should factor in the costs towards the preparation of business plan during the visit
• In nutshell this is a conditional visa which, given the add-on costs, may in the end cost up to CAD 150000/- or more, if the deposit is lost since the applicant failed to meet the conditions and requirements related to the performance guarantee and deposit agreement.
• If one fails to establish a business as per the submitted business plan, against the two year work visa, then situation is much worse as the applicant is required to leave Canada. In the process, he may loose all the money he may have invested under this program and in a Canadian business.
• However, this is an excellent program for those intending to make province their home and in a position to meet all conditions leading up to refund of deposit or even where there is no deposit, meet the requirements of the performance agreement.
• This province has one of the best weather climates in Canada.
• One has an advantage of getting residency of one of the best provinces of Canada.

Business Category: Strategic Projects

The Strategic Projects category assists foreign-controlled companies establishing an eligible business in BC with the timely entry of foreign key managerial, professional or technical staff, up to a maximum of 5 per company, who intend to become permanent residents of Canada and settle in BC.

Companies applying in this category will be required to:

1. Make a minimum equity investment of $500,000
2. Create at least 3 jobs for Canadians or permanent residents in BC for each nominee applicant put forward by the company
3. Demonstrate a record of good business practices, and successful business operations outside of Canada that are relevant to the proposed business
4. Establish or purchase and expand an eligible business anywhere in BC
5. Incorporate a Canadian subsidiary or register an extra-provincial company in BC to operate the proposed business
6. Demonstrate that the nominee applicants are qualified senior personnel who are essential to establishing or expanding and operating the proposed business in BC
7. Sign a Performance Agreement with the Province of British Columbia

Eligible Business

The BC PNP will only consider applications to establish or purchase and expand a business that meet the following eligibility criteria:

1. The business must be operated for the primary purpose of earning profits from active income through the provision of products/services.
2. The business must have good potential for sustained commercial viability.
3. The business must have the potential to create significant economic benefits to British Columbia by contributing to one or more of the following:
• increasing value-added manufacturing, processing or primary resource activity
• increasing exports of goods or services
• increasing destination tourism
• increasing R&D/technology commercialization
• developing innovative and creative approaches to traditional businesses
• transferring technology, skills and specialized know-how to the province
• servicing an underserved local or regional market

The BC PNP will give special priority to business proposals that contribute to:

• expanding business with the Asia Pacific region
• utilizing wood infected by Mountain Pine Beetle
• diversifying the economies of communities affected by Mountain Pine Beetle damage
• creating business partnerships with the province's First Nations (aboriginal people)
• developing the province's emerging technology industries: alternative energy, clean technologies, information technology, new media, and life sciences

Ineligible Businesses

Applications will NOT be considered for the following types of businesses:

• bed and breakfasts, hobby farms and home-based businesses
• pay day loan, cheque cashing, money changing and cash machine businesses
• pawnbrokers
• coin operated laundries
• automated car wash operations
• sale of used goods (excluding collectibles, or where the business provides value-added services such as repairs, refurbishing, or recycling)
• real estate development/brokerage, insurance brokerage or business brokerage
• businesses involved in the production, distribution or sale of pornographic or sexually explicit products or services, or in the provision of sexually oriented services
• any other type of business that by association would tend to bring the program or the Government of British Columbia into disrepute

In addition, applications will NOT be considered for the following types of businesses in the Vancouver metropolitan area or the Abbotsford metropolitan area:

• convenience stores
• video and DVD rental stores
• gasoline service stations
• personal dry cleaning services
• franchise operations, unless pre-authorized by the BC PNP

Investment in the Business

1. If you are buying the shares of an existing operating business no more than two thirds of the applicable minimum personal investment can apply to the purchase of shares, and you must acquire ownership and control of at least one third of the business. The shares you buy to purchase the business must be common full-voting shares and must not have a redemption option.
2. If you are buying the assets of an existing business no more than two thirds of the applicable personal investment can be applied to the purchase of these assets.
3. The applicable minimum personal investment can not be applied to the purchase of real estate unless you can show that it is essential to the business, in which case no more than two thirds of this investment can be applied for this purpose

The applicable minimum personal investment can be applied to the following types of business costs, provided that the amounts are reasonable for the business involved:

• machinery, equipment, furniture and fixtures
• leasehold improvements
• inventory
• patents and licenses
• franchise purchase fees
• allowable real estate and franchises
• Initial promotion and marketing
• other start-up expenses, such as incorporation and permit fees, legal and other professional fees

If, because of the nature of your business, you are unable to apply the full amount of the minimum required personal equity investment to these types of expenditures, you may apply the balance to wages, building rent and other normal operating expenses (excluding any payments to yourself or family members) during the first six months of operations if you are establishing a new business, or three months if you are buying a franchise or an existing business.

Exploratory Visit

Visiting British Columbia is an important first step for everyone thinking about applying to the BC PNP as a business immigrant.

An exploratory visit will allow you to:

1. Investigate potential business opportunities
2. Establish local business contacts
3. Attend the BC PNP’s Business Immigration Seminar
4. Get introductory business counselling
5. Learn about health care and education, housing, culture, recreation and lifestyle

The Application Process – Strategic Projects

The sponsoring company must first submit a Preliminary Application Form for review by the BC PNP. This form requests company background information, personal background information on the staff seeking nomination, and a brief business proposal. There is no fee for a Preliminary Application

If it appears that the sponsoring company and its business proposal meet the BC PNP’s requirements, the company will be invited to submit a Formal Application. If the company has submitted three unsuccessful Preliminary Applications during the past 2 years, the BC PNP will not accept any further applications for a period of 2 years from the date of the last rejection.

Once the sponsoring company has been invited to submit a Formal Application, BC PNP will send the applicants electronically-fillable copies of the necessary forms. These FORMS are NOT available for downloading from the website. At this stage it is strongly recommended that the nominee applicants to make an exploratory visit to British Columbia at this stage.

The Formal Application requires the sponsoring company to submit the following:

1. the appropriate provincial and federal forms
2. supporting documentation on the company’s history of operations and financial position
3. a business plan
4. the $3,000 CAD BC PNP processing fee (non-refundable), plus a $1,000 application fee (non-refundable) for each staff member applying for nomination.

The completed application package will be reviewed by a BC PNP business advisor. The information and supporting documentation submitted in your application must be verifiable to the BC PNP’s satisfaction.

The key staff seeking nomination will then be required to attend a personal interview with the business advisor assigned to the sponsoring company’s application. The BC PNP reserves the right to contact the owner or a designated officer of the sponsoring company directly to discuss the application.

If the application is approved, the sponsoring company will be required to sign a Performance Agreement with the Province of British Columbia.

The Performance Agreement sets out terms and conditions for nomination that relate to implementing the sponsoring company’s business plan. The agreement identifies key steps and milestones in establishing the proposed business, such as incorporating a company, leasing a building, buying and installing equipment, obtaining permits and hiring employees. When the sponsoring company has signed a Performance Agreement, the staff identified in the application will be accepted as Nominee Candidates.

Nominee Candidates in the Strategic Projects category will be offered initial entry on a 2-year federal work permit, leading to nomination when the sponsoring company has met the terms of conditions of its Performance Agreement. BC PNP will issue Nominee Candidates a letter of support for a 2-year federal work permit. This permit will allow them to work legally in Canada to begin implementing the company’s business proposal. Candidates must submit their work permit application within 60 days of the date on the BC PNP’s support letter. The Fast Track option is NOT available to Nominee Candidates in the Strategic Projects category.

• Minimum personal net worth of CDN $350,000 - Around Rupees 1,40,00,000/- (One Crore forty lakhs Only )
• Minimum amount of equity investment in Manitoba of CDN $150,000 ( Around Rupees 60,00,000) within two years of Visa approval ;
• Demonstrated business experience or extensive experience in senior management of a successful company for at least three years. This throws open this plan for the individuals and applicants who have the required net worth but do not have business experience.
• Conducted a visit or planning a visit to Manitoba within few months of applying to explore business opportunities and Manitoba's quality of life; and
• Supply a Cash Deposit to the Government of Manitoba, in the amount of CDN$75,000 guaranteeing the establishment or purchase of a business in Manitoba. The Cash Deposit will be released when the investment is made and the intended business is undertaken.
• The applicant must have at least Basic English or French Language skills
• One can start a new business or buy an existing and running business
• Overall current processing delays are around 12-18 months. This is subject to change without any notice.

The areas of business in which the investment is expected are

• Manufacturing
• Food processing
• ICT (Information, Communications and Technology)
• Primary Production (example: mining, fishing and farming)
• Life Sciences (example: pharmaceuticals and biotechnology); and
• Energy

Or alternatively the investment may be done in any other area of business activities that complements provincial business and economy interests and meets the approval of the provincial officials under. Passive investments such as loan companies, property rental and investment and leasing companies will not be considered.

If Nominated, The applicant will be instructed to:

• Sign a deposit agreement (contract) and make a deposit of $75,000 CDN (Around Rupees Thirty lacs with the provincial Government of Manitoba. This deposit will be returned to the applicant after he provides evidence of investment as per the business intent/proposal declared at the time of interview with the department. The deposit is interest free.
• Forward the original Federal Immigration Forms, processing and Right of Permanent Residency fees to Manitoba Business Immigration and Investment Branch
• The Manitoba Department of Labor and Immigration will then forward the package to the Canadian Visa Office at New Delhi.
• Citizenship and Immigration Canada (CIC) reviews the file, conducts a Security and a Health check, and may request an interview. CIC retains final authority in issuing the Permanent Resident Visa.

Role of ABHINAV

Step # 1

Provide complete guidance for on documentation and application and coordination process required towards the exploratory visit to Manitoba. Please note that the exploratory visit is compulsory for all applicants. The costs of conducting the exploratory visit as also all related expenses during such a visit is to the account of the applicant/client.

Step # 2

Provide guidance on preparation of visit assessment report and Business intent as also for the application preparation / interview with the Business Immigration and Investment Branch. The costs for preparation of business plan/intent will be to the account of the applicant/client.

Step # 3

After the applicant has signed the deposit agreement for CAD 75,000 (Approximately Rupees Thirty lacs), ABHINAV will assist him in preparing the application for the permanent resident visa, that will be filed at New Delhi High commission and subsequently guide him on the medical process and the final Visa issuance. The costs for all visa costs and expenses- at all stages- will be to the account of the applicant/client.

Step# 4

The Canadian Embassy at New Delhi will review the file, conduct a security and health check, and may request an interview. Upon favorable results, they will issue the permanent resident visa.

Step # 5

Please note that should you not be able to meet the obligation to invest the funds in a business in Manitoba, the Manitoba government is within its right to forfeit the Deposit of CAD 75,000/-

Consulting fee and Expenses on the Entire process

• The applicant should budget in for expenses towards the exploratory visit for around 10 days. With economy class return fare for one, Boarding and lodging in a budget Hotel and travel during the visit.
• The expenses on processing, right of landing fee and medical procedures for the entire family
• The expenses on the business plan and assessment report preparation to be submitted with the after the exploratory visit is over and at the time of and as part of the interview process during the exploratory visit.
• The expenses on international courier and communications.

Our Comments

• Those with net worth of less than CAD 500,000/- should be able to convince the department of their ability to meet all the program requirements and conditions as also the settlement funds.
• It is highly unlikely that one may be able to buy or start an actual business in the province against the advised and minimum investment of CAD 150,000/-. In addition, one should factor in and budget for deposit of 75,000/- in addition to the minimum investment of 150,000/-
• Investment requirements for 100% equity will be CAD 500,000. With minimum investment of 150,000 and a 1/3 share, one may not get the desired control on the business started and/or purchased in the province.
• This will mean for those looking for 100% ownership the net worth requirement will be around CAD 600000 (Around 2.5 crores or more) or more as one will also be required to factor in settlement funds for a year or more. This program may not be ideal for those having a net worth of less than this figure.
• One should factor in the opportunity costs on the interest lost, for the period that the requirements and conditions under the program are not meant- on the deposit amount of CAD 75,000 that has been given in the trust account. Even at 10% per annum and considering a delay of two years from the date of deposit to the date of release of deposit, such a loss could be up to CAD 15000.
• The refund of this deposit is subject to the factor that one makes the province his/her residence and also that he is actively managing the business in which required investment has been made. In addition, he must make the minimum investment of CAD 150,000 to 500,000- depending on the ownership stake – as per the business plan submitted and approved during the exploratory visit.
• Those not meeting any of the above conditions or deciding to make another province his place of residence will stand to loose the deposit under the program.
• One should factor in the costs to be incurred towards the exploratory visit and related expenses like boarding, lodging, traveling to the province. Those with no past international travel history may face problems in getting a visit visa to make such a visit.
• One should factor in the costs towards the preparation of business plan/intent during the visit
• One is also not permitted to do any business and of any size. One is also required to invest among the preferred sectors for the economy
• One is not permitted to live off passive investments
• One may face the risk of loosing the residency status if one does not meet the key requirements
• In nutshell this is a conditional visa which, given the add-on costs, may in the end cost up to CAD 100000/- or more, if the deposit is forfeited due to inability of the applicant to meet any of the attached conditions
• One should factor in extreme weather conditions as this is one of the coldest provinces of Canada.
• However, this is an excellent program for those intending to make province their home and in a position to meet all conditions leading up to refund of deposit. One just needs to account for costs towards the application, exploratory visit and related costs and business plan costs as also the opportunity towards lost interest on deposit of CAD 75,000/-.
• One has an advantage of getting residency of one of the upcoming provinces of Canada and in addition the start up costs for business as also cost of living is low compared to larger provinces like Ontario, British Columbia and Quebec.

Criteria for the Immigrant Entrepreneur Category

The Immigrant Entrepreneur Category is intended for prospective immigrants who propose to establish a new business or who propose to purchase all or part of an existing business that has supportable prospects for expansion in Newfoundland and Labrador and who intend to be self-employed in that business. Immigrant entrepreneurs who wish to apply in this category must meet the following criteria:

Pre-Assessment Phase - All immigrant entrepreneurs must submit the required Pre-Assessment documents BEFORE submitting a Provincial Nominee Application. This Pre-Assessment, accompanied by the immigrant entrepreneur’s business plan, is required so that the Program Officers can determine whether or not the business plan is eligible and/or qualifies under the Provincial Nominee Program. Once the immigrant entrepreneur has received official approval of their proposed business plan, he/she may then proceed to submit the Provincial Nominee Application.

Eligible Business Activity

An active business refers to a business that generates revenues by selling goods and/or services at arm's length to third parties. Priority will be given to immigrant entrepreneurs who intend to establish an active business or purchase all or part of an existing business that has supportable prospects for expansion in a sector identified by the Strategic Sector List as identified in the Application and Information Guide and at nlpnp.ca.

If professional credentials or licences to practice are required to establish or operate the business in Newfoundland and Labrador, the immigrant entrepreneur will be required to demonstrate, as part of the business plan, that he/she has met, or can reasonably be expected to meet, the conditions required for start-up.

Priority will be given to immigrant entrepreneurs who establish an active business or purchase an expanding existing business in a sector identified in the strategic sector list.

The establishment of a new business must take into consideration any possible adverse impacts on existing local businesses in the identified sector or related sectors.

Where there is a concern over eligibility, the immigrant entrepreneur is encouraged to contact the Office of Immigration and Multiculturalism, Department of Human Resources, Labour and Employment to discuss his/her concerns.

Ineligible Business Activity

Business sectors deemed ineligible include: investment holding companies, real estate rental and construction operations, financial services, loan/investment companies and other non-active investments, business and personal services, retail, wholesale and distribution operations, and most professional practices.

Sectors that are ineligible include:

• retail and wholesale operations;
• financial services;
• business and personal services;
• most professional practices; and,
• real estate and construction businesses.

Where there is doubt about the eligibility of a proposed business to be established, the immigrant entrepreneur should contact the Department of Human Resources, Labour and Employment (HRLE) and discuss the business details with a Program Officer in advance.

The Department will take into consideration any potential adverse impacts that the proposed new business being established may have on existing businesses in the province.

Required Business Experience

Immigrant entrepreneurs must have a minimum of five (5) years of senior management or direct entrepreneurial experience in a business similar to the one proposed. The immigrant entrepreneur will be required to submit a resume or CV (curriculum vitae), letters of recommendation, financial statements and other documents to support his/her experience.

Net Worth and Liquidity Requirements

Immigrant entrepreneurs must have a minimum net worth of CDN$450,000, including minimum liquid assets of CDN$350,000. Liquid assets include, for example: cash, demand deposits with a financial institution, term deposits, tax shelters convertible to cash, and readily marketable investments including publicly traded stocks and bonds.

Immigrant Entrepreneur Investment in a New or Expanding Existing Business

Immigrant entrepreneurs must be prepared to make a minimum direct business investment of CDN$200,000 in equity to establish an eligible new enterprise or purchase all or part of an eligible existing business in Newfoundland and Labrador. To meet the CDN$200,000 investment requirement the immigrant entrepreneur must provide the following:

1. The immigrant entrepreneur's Provincial Nominee Application;
2. Two original, dated, and signed Performance Agreements along with a deposit of CDN$100,000. This deposit will be held in escrow and will be returned to the Applicant provided that he/she has established the proposed business and has abided by the terms and conditions of the Performance Agreement (see Criteria 6 and Form PNP-NL-08);
3. Prior to nomination by the province, the immigrant entrepreneur will be required to provide evidence that an additional CDN$100,000 is available to establish a new Newfoundland and Labrador based business, or purchase all or part of an existing business (see Criteria 5).
4. Provide evidence, to the satisfaction of the Department, that the immigrant entrepreneur has a further CDN$150,000 (see Criteria 3) in liquid assets.

Evidence of Investment in a New Business or Purchase of all or part of an Expanding Existing Business

Evidence of a business investment refers to an investment which is required to finance the assets and operations of a new business OR to purchase all or part of the assets (and debts) of an existing business. Evidence of a business investment may include such elements as:

1. Start up costs and early cash flow deficiencies financed by cash, demand deposits and other liquid assets held in a business account with a recognized financial institution in Newfoundland and Labrador such as a chartered bank, trust company, credit union or brokerage.
2. Inventories and accounts receivable associated with the business start;
3. Licences, franchises, trade names and other intangible assets necessary to establish/operate the business and purchased from third parties, at arm's length;
4. Machinery, fixtures, tools and other equipment, excluding passenger vehicles;
5. Real estate (excluding residential real estate, recreational property, unserviced land for future development or real estate to be leased primarily to third parties, whether for business or residential uses);
6. Leasehold improvements to leased business premises.

The Evidence of Investment requirement is a reference to those actions and transactions, such as those listed above, which ultimately result in the establishment of the proposed business as referred to in the business plan. The Department reserves the right to conduct due diligence to ensure that there is sufficient evidence of investment.

Performance Agreement

The Performance Agreement sets out the terms and conditions of the immigrant entrepreneur's investment required under this category. Immigrant entrepreneurs must sign, date and submit two originals of the Performance Agreement with the Provincial Nominee Application.

Along with the Application and Performance Agreements, the applicant must also submit the sum of One Hundred Thousand Canadian Dollars (CDN$100,000 ), payable to the: Provincial Nominee Program Newfoundland and Labrador Trust Account, which will be held in escrow (see PNP-NL-08).

The CDN$100,000, plus accrued interest (interest received will be at a rate equal to the rate earned on the Provincial Nominee Program-Newfoundland and Labrador Trust Account, less any bank charges incurred by INTRD) will be returned to the applicant if, for a period of twelve months following the date of issuance of the immigrant entrepreneur's visa for permanent residence in Canada, he/she has abided by the terms and conditions of the Performance Agreement.

Additional Terms and Conditions

The Performance Agreement will also contain terms and conditions that will require the immigrant entrepreneur to demonstrate, to the satisfaction of the Department that:

1. The proposed business is active and fully operational and generates revenues by selling goods and/or services at arm's length to unrelated third parties. The Department reserves the right to determine evidence of investment, as outlined in Criteria 5 above, through, but not necessarily limited to:
2. a site visit to the business premises;
3. an examination of the books and records of the enterprise;
4. an examination of financial statements prepared/reviewed by an independent chartered accountant or certified general accountant;
5. an examination of tax returns to the Canada Customs and Revenue Agency or the Provincial Treasury.
6. The immigrant entrepreneur and his/her family maintain a residence in Newfoundland and Labrador. The Department reserves the right to determine evidence of residence through, but not necessarily limited to:
7. a prearranged visit to the residence;
8. confirmation of the registered mortgage or title deed to land and dwelling;
9. copies of household bills, rental receipts, and property tax records;
10. confirmation of registration of any children at a local school or daycare facilities;
11. community corroboration.

An applicant who cannot demonstrate, to the satisfaction of the province, that all terms and conditions of the Performance Agreement (see PNP-NL-08) have been fulfilled within the designated time allowed, will forfeit his/her right to reimbursement of these escrow funds.

Exploratory Visit

1. Immigrant entrepreneurs are required, at his/her own expense, to make at least one exploratory visit to Newfoundland and Labrador. The exploratory visit and interview will not be waived. The Department encourages all prospective immigrant entrepreneurs to do as much in-depth research on Newfoundland and Labrador, the business community, and the investment prospects prior to considering a visit to the province. This knowledge will be taken into consideration when meeting with Department officials. In some instances the immigrant entrepreneur may require a Letter of Invitation to his/her application for a visitor's visa. This Letter of Invitation from the Department will be provided if the immigrant entrepreneur has met the following conditions:
2. the immigrant entrepreneur has submitted the Pre-Assessment documentation;
3. the immigrant entrepreneur has provided a business plan which, in the opinion of the Department, has provided sufficient detail to determine that the business plan has merit.
4. If a letter of invitation is issued for the visit to the province, the immigrant entrepreneur must submit an application for a visitor's visa to the appropriate Canadian visa office. Upon submitting his/her visa application, the immigrant entrepreneur must:
5. notify the Department of the proposed travel details;
6. advise the Department if he/she requires an interpreter or confirms that he/she will be accompanied by his/her own interpreter;
7. advise the Department of his/her itinerary while in the province (providing company names, contacts, etc.);
8. arrange an official interview with the Program Officer to be held during the visit.

During the visit, the immigrant entrepreneur is encouraged to gather additional research on his/her proposed business plan and to meet with appropriate business owners, industry associations, financial institutions, real estate agents, and other relevant cultural or community groups to assess adaptability and successful business and settlement prospects in Newfoundland and Labrador.

The immigrant entrepreneur must meet with a Program Officer for an official interview. The interview process will assist the Program Officer in determining the immigrant entrepreneur's eligibility.

Immigrant entrepreneurs who are unable to successfully obtain a visitor's visa will not be permitted to submit a provincial nominee application.

Apply for Pre-Assessment

It is a serious offence under the Immigration and Refugee Protection Act and Regulations to falsify any documentation to be used by an immigrant to achieve permanent resident status as a provincial nominee or otherwise.

IMMIGRANT ENTREPRENEUR CATEGORY

In order to submit an application to the Provincial Nominee Program, immigrant entrepreneurs are first required to go through the Pre-Assessment Phase. This Phase provides information that allows the Program Officer to determine if the immigrant entrepreneur is a suitable candidate for the Provincial Nominee Program and allows an opportunity to review the business plan and determine if the proposed business is eligible and/or qualifies under the Provincial Nominee Program. Immigrant entrepreneurs whose candidacy or business plans are deemed unacceptable will not qualify for provincial nomination.

PHASE I - HOW TO APPLY FOR A PRE-ASSESSMENT

Step 1 - Submit the Pre-Assessment Documents

1. Self Assessment Form (PNP NL 01E)
2. Pre Assessment Form (PNP NL 02)
3. Information Release Form (PNP NL 06)
4. Proof of Required Business experience (such as: resume/Curriculum Vitae, Financial Statements, and other documents in support of business experience and/or ownership)
5. Detailed Business Plan.

Step 2 - Pre-Assessment - Review

If your Pre-Assessment documents have received a preliminary review by the Program Officer and they are found to be generally acceptable, you will then be issued a letter of invitation to conduct an exploratory visit to Newfoundland and Labrador.

Step 3 - Exploratory Visit (See Criteria 7 for details)

During your visit you will be required to meet with a Program Officer who will conduct an official interview.

Step 4 - Pre-Assessment - Approval

When the Program Officer has determined that the immigrant entrepreneur meets all the requirements under the Pre-Assessment criteria, he/she will receive official notification of approval and will be invited to submit an application under the Immigrant Entrepreneur Category.

Pre-Assessment - Rejection -If the Program Officer has determined that the immigrant entrepreneur does not meet all the requirements under the Pre-Assessment criteria he/she will receive official notification. This determination indicates that the immigrant entrepreneur is not eligible to make an application to the Immigrant Entrepreneur Category.

IMMIGRANT ENTREPRENEUR CATEGORY

If you have completed the Steps outlined in the Pre-Assessment Phase and have received official notification of approval to proceed to submit an application for provincial nomination in the Immigrant Entrepreneur Category, you can now proceed to Phase II:

PHASE I I - HOW TO APPLY FOR THE ENTREPRENEUR CATEGORY

Step 1 - Submit the Application Documents

(You may be asked to submit additional information as required)

1. CDN$2000 processing fee made payable to: Newfoundland Exchequer;
2. Newfoundland & Labrador Supplementary Information Form (PNP NL 05) Complete only one for the entire family - however, check that the appropriate questions are answered in full and that both the principal applicant and the spouse sign.
3. Business Net Worth Form (PNP NL 07B)
4. Performance Agreement (PNP NL 08)
5. CAD$100,000 Investment Deposit made payable to:Provincial Nominee Program Newfoundland and Labrador Trust Account
6. Two originals - dated and signed - of the Performance Agreement (one original - dated and signed - will be returned once signed by the Department)
7. Schedule 1 Background/Declaration Form (IMM 0008 Schedule 1)
8. Application for Permanent Residence Form (IMM 0008 Generic)
9. Schedule 4 Economic Classes Provincial Nominees (IMM 0008 Schedule 4)
10. Additional Family Information Form (IMM 5406)
11. Supporting documents (See Document Checklist)

Step 2 - Sending the Application Documents

Place the completed application forms, together with the appropriate fees, deposits, and documents in a sealed envelope and forward by a secure form of transmission to:

Office of Immigration and Multiculturalism,
Department of Human Resources, Labour and Employment
Provincial Nominee Program
P.O. Box 8700
St. John's, NL
A1B 4J6
Canada

Notes: Fees and deposits can also be conducted by bank-to-bank transfer or other secure methods of transmission.
All supporting financial information must be presented in Canadian or US dollars.

Business Plan

Immigrant entrepreneurs are required to prepare and submit a detailed business plan outlining how the new enterprise is to be successfully established. Applicants purchasing all or part of an existing business must submit a detailed business plan outlining the continued success/improvement of operations under his/her ownership and management. Business plans submitted with the Pre-Assessment must have, in the opinion of the Department, sufficient detail to make a determination of eligibility and suitability. A detailed business plan, if not provided with the Pre-Assessment, must be submitted following the exploratory visit and, in either case, must be received by the Program Officer in order to complete the analysis and determine the immigrant entrepreneur's eligibility to submit an application to the Provincial Nominee Program.

The business plan, including pro-forma financial statements, will allow the province to assess the feasibility of the business or the continued success/improvement of the existing business and the impact of the business operations on the local economy. It will also allow for an evaluation of potential earnings from self employment that will provide a reasonable living for the immigrant entrepreneur and his/her family in Newfoundland and Labrador.

The business plan submitted by the immigrant entrepreneur must be provided in a general format specified by the Province (see PNP-NL-09). The plan must outline the proposed financial investment and the applicant's active management role in the new or existing business. It must also demonstrate that, as a result of establishing or purchasing all or part of the business there will be:

• capital investment in a new or existing business;
• direct job creation in the Province, in addition to any jobs to be performed in the proposed business by family members;
• a positive impact on the provincial economy; and,
• improved market access for the Province's goods and services.

A full disclosure of the applicant's business assets, debts and financial affairs will be required in considering an immigrant entrepreneur's application. A letter of recommendation from the applicant's banking institution will assist in the review of the business proposal.

The business plan will be assessed by the Department in consultation with other government departments/agencies as appropriate (e.g., the Department of Fisheries and Aquaculture if the business proposal is in the aquaculture industry).

Immigrant entrepreneurs who want to establish a new company must also abide by the respective federal (see: www.corporationscanada.ic.gc.ca) and provincial Corporations Acts (see: www.gov.nl.ca/hoa/statutes/c36.htm) and meet the definition of permanent establishment as defined by the federal Income Tax Act. For further information on the Income Tax Act please see www.ccra-adrc.gc.ca

Immigrant entrepreneurs requiring further assistance with the development of a business plan or exploration of business opportunities, can obtain assistance from:

the Canada Newfoundland and Labrador Business Service Center - cbsc.org/nl OR the Business Development Bank of Canada - www.bdc.ca

SUGGESTED OUTLINE FOR BUSINESS PLANS

I Describe your business

• Production or service-delivery efficiencies
• Personnel
• Geographic location
• Facilities
• Own or Rent:

Size (square feet/m2)
Physical state of the property (i.e. modern, requires upgrades) Significant equipment

II Market Analysis

• Industry Description and Outlook
• Description of your primary industry
• Size of the industry: Historical, Current, Projected growth, Five and ten year outlook
• Industry characteristics and trends: Historical, Current, Future
• Major customer groups

Target Markets

• Size of the primary target market
• Market penetration (indicate the extent to which you anticipate penetrating your market, and demonstrate why you feel that level of penetration is achievable based on your market research)
• Market share
• Existing customers
• Potential customers
• Pricing and gross margin targets
• Methods by which specific members of your target market can be identified
• Media through which you can communicate with specific members of your target market
• Purchasing cycle of potential customers
• Key trends and anticipated changes within your primary target markets
• Secondary target markets and key attributes.
• Market Test Results
• Lead Times (time between customer order placement and product or service delivery)
• Competition
1. Identification (by market segment and product line or service):
2. Their strengths (competitive advantages):
3. Their weaknesses (competitive disadvantages):
4. Importance of your target market to your competition

II Market Analysis (Cont’d...)

1. Barriers to entry into your market
2. Regulatory Restrictions: Customer or governmental regulatory requirements (domestic and international) including anticipated changes
3. Marketing and Sales Activities (describe the marketing and sales activities that will enable you to meet the forecasts outlined in your pro-forma financial statements)
4. Products and Services (outline the unique ability of your company's products or services to satisfy the needs of the marketplace)

III Management and Ownership

1. Company Structure
2. Organizational chart
3. Narrative description of the chart
4. Key Management and Operating Personnel (present full resumes in an appendix)
5. Unique skills and experience that add to your company's distinctive competencies
6. Planned Additions to the Current Management Team
7. Legal Structure
8. Owners/Names/Percentage of Ownership/Form of Ownership/

Outstanding Equity Equivalents/Options/Warrants/Convertible Debt/Board of Directors (Names, Positions, Extend of Involvement with the Company)

IV Long-Range Financial Strategies (i.e., liquidating investors' positions)

1. Going public
2. Leveraged buyout
3. Acquisition by another company
4. Debt service levels and timing
5. Liquidation of the venture

V Funds Required and Their Use

1. Current Funding Requirements
2. Funding Requirements Over the Next Five Years
3. Use of Funds

VI Financial Data

1. Historical Financial Data (past three to five years, if applicable)
2. Use of external accounting firms
3. Prospective Financial Data (next five years)

VII Appendices and Exhibits

1. Resumes of Key Managers
2. Professional References
3. Market Studies
4. Pertinent Published Information (i.e., on your products or services)
5. Magazine articles
6. Book references
7. Patents

Immigrant Partner Category

The Immigrant Partner category is intended for prospective immigrants with business and/or entrepreneurial skills and expertise who wish to partner, in a limited manner, with other prospective immigrants (to a maximum of 3 additional immigrant partners) in establishing a new business to be located in Newfoundland and Labrador OR invest in an expanding existing Newfoundland and Labrador company. In both situations the immigrant partner must take an active role in the new or investee company. Active role is defined as the participation in the day to day operations and decision making activities of a company as a director or senior manager of the company with a "meaningful managerial role". A "meaningful managerial role" would require direct involvement in major decision making of the company, hiring and firing of staff, financing decisions, meeting major customers, authorization to sign cheques, and other related activities.

Whereas under the Immigrant Entrepreneur category the immigrant is engaged on a self-employed basis in the business, the active role played by immigrants under the Immigrant Partner category may be either as director of the company, with the attendant financial, legal and decision-making responsibilities, or as a senior manager of the company, as defined at level "O" of the National Occupational Code Classification. For further information see National Occupational Classification 2001 - Occupational Descriptions

Applicants who wish to submit an application in this category must meet the following criteria:

Net Worth and Liquidity Requirements

Immigrant partners must have a minimum net worth of $750,000, including minimum liquid assets of $350,000. Liquid assets include, cash, demand deposits with a financial institution, term deposits, tax shelters convertible to cash, and readily marketable investments including publicly traded stocks and bonds.

Investment/Equity Requirement

Immigrant partners must be prepared to make a minimum business investment of $200,000 in equity to establish an eligible new enterprise or purchase/invest in an eligible existing business within the northeast Avalon region (the greater St. John's area) or $100,000 in equity outside the northeast Avalon region.

Good Faith Performance Deposit

In applying to immigrate to Canada under the Newfoundland and Labrador Provincial Nominee Program, the applicant must certify his/her intention of settling and establishing or purchasing/investing in a business in Newfoundland and Labrador. To guarantee this intention, the applicant is required to place $25,000 in trust with the Government of Newfoundland and Labrador. This deposit is fully refundable, with interest, one year after landing, provided that the immigrant partner can demonstrate to the satisfaction of the province that:

1. the required minimum investment was made;
2. the applicant is actively involved in the investee company; and,
3. the immigrant partner and his/her family maintain a residence in Newfoundland and Labrador.

Evidence that the minimum investment has been made would require the immigrant partner to submit a copy of a shareholder's agreement.

Evidence that the immigrant partner is active in the investee company as a director or senior management employee will take the form of a declaration to this effect by the Chair of the Board of Directors and the CEO, on behalf of the investee company and the immigrant partner.

Evidence that a residence is maintained in the province may include a pre-arranged visit to the residence, copies of household bills, property tax receipts, and registration of children at local schools and day cares.

Where the immigrant partner is unable to establish that the criteria set out above in (1), (2), and (3) have been met to the satisfaction of the province, the deposit of $25,000 will be forfeited.

The province must receive the performance deposit upon application or, in any case, prior to the issuance of the Nomination Certificate. If an immigrant partner is not successful in obtaining permanent residence status, the performance deposit will be refunded, without interest.

Exploratory Visit

Immigrant partners are required to make an initial exploratory visit to Newfoundland and Labrador. Following a pre-assessment of the immigrant application, the province will issue an invitation for the exploratory visit (at the immigrant partner's own expense). During this time, the immigrant partner will meet with a Program Officer for an official interview. The interview process will assist the Program Officer with the assessment of the nomination application.

During this visit the immigrant partner is encouraged to meet with the principals of the companies in which he/she proposes to invest and take an active management role. These appointments are to be made directly by the immigrant partner with the investee company.

During this visit the immigrant partner is also encouraged to meet with relevant industry associations and cultural or community groups to assess adaptability and successful settlement prospects in Newfoundland and Labrador.

During the exploratory visit, the prospective immigrant partner will be informed that if successful in obtaining a nomination/visa, they will be expected to land in Newfoundland and Labrador and to meet with department officials within fourteen days of landing. Once the visa has been issued, department officials will contact the immigrant partner requesting details of the travel arrangements to Newfoundland in order to select a date for the post landing meeting (photocopies of travel documents will be requested e.g.: airline tickets, hotels, etc.).

Office of Immigration and Multiculturalism, Department of Human Resources, Labour and Employment may waive the requirement for an exploratory visit in extenuating circumstances where the visit is not feasible, provided the objectives established for permanent residency in Newfoundland and Labrador are not compromised.

Eligible Investees

A company proposing to receive an investment from an immigrant partner under the Newfoundland and Labrador Nominee Program will provide a written opinion from independent legal counsel or an independent accountant certifying the investee company meets the following eligibility criteria:

1. the company must be a for-profit corporation incorporated under the Corporations Act of Newfoundland and Labrador or the Canada Business Corporations Act;
2. the company's authorized capital structure permits the issuance of shares to an immigrant business partner(s);