Start-Up Visa Applicant Work Permit

Overview of the Start-Up Visa Applicant Work Permit

Candidates who have already applied for Canadian permanent residence under the Start-Up Visa Program can obtain an optional work permit to start developing their business as entrepreneurs before they are granted permanent residence. Meeting this condition provides an exemption from the Labour Market Impact Assessment under exemption code C77.

Basic Requirements for the Start-Up Visa Applicant Work Permit

To be eligible for a Start-Up Visa Applicant Work Permit, applicants must meet the following key criteria:

• ‍Essential and Urgently Needed for a Startup: The applicant must be recognized as essential to a startup by a designated entity. This recognition is highlighted through a commitment certificate that outlines the urgency of the applicant's presence in Canada before becoming a permanent resident and demonstrates that they are experienced entrepreneurs.‍
• Applied for Permanent Residence under the SUV Program: Applicants must have a pending application for permanent residence in the startup business class, submitted while the commitment certificate was valid. If part of an investor group, all essential members must also have pending applications.‍
• Destination and Funds: Applicants should intend to reside outside Quebec and possess sufficient funds to support their family above the low-income cutoff (LICO) for at least 52 weeks.‍
• Language Ability: Applicants must meet the job's language requirements, typically achieving a level 5 in the Canadian Language Benchmarks (English) or the Niveaux de compétence linguistique canadiens (French) in all four language skills.‍
• Significant Economic Benefits: Applicants should demonstrate that their business will bring significant economic benefits, such as job creation, product or service innovation, a boost to remote economies, or training opportunities for Canadians.

Application for a Start-Up Visa Applicant Work Permit: Documents, Process, and Timeline

Documents Required for the Start-Up Visa Applicant Work Permit Application:

• Completed and signed application forms for an LMIA-exempt work permit.
• An online offer of employment submitted via the Employer Portal.
• A confirmation of the submission of the application for permanent residence under the SUV program.
• Start-up business class commitment certificate – letter of support.
• A comprehensive business plan.
• Evidence of preparatory work undertaken in relation to the business and that the business will create significant economic benefits for Canadian citizens or permanent residents.
• Supporting documentation verifying the applicant's necessary education, experience, expertise, and language proficiency (CLB 5 as a minimum) to implement the plan.
• Proof of the applicant’s personal funds meeting the low-income cut-off for at least one year to support the applicant and their accompanying family.
• Proof of investment funds to start and implement the business plan.

Please note this is not a comprehensive list of supporting documents for a Start-Up Visa Applicant Work Permit application but serves as a foundational guide.

The Application Process

The application process for a Start-Up Visa Applicant Work Permit varies depending on the nationality and visa requirements of the applicant’s country of residence. Everyone, including nationals from a visa-exempt country, should apply online.

Applications for individuals intending to work for their own business are eligible for a 2-week processing time under the Global Skills Strategy, provided the job is classified under the Training, Education, Experience, and Responsibilities (TEER) categories 0 or 1 of the National Occupational Classification (NOC) system, and the applicant is applying from outside of Canada. If these conditions are not met, standard processing times will apply, which may vary depending on the applicant’s country of origin.

Duration of the Start-Up Visa Applicant Work Permit

The work permit for a start-up visa applicant is issued for a period of one year. If a permanent residence application is still in process, an extension can be requested and will be considered on a case-by-case basis.

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