If you are a foreign entrepreneur in Canada, you could qualify for permanent residency with just 12 months of self-employed experience. Discover the inspiring journey of our client from India, who launched his IT service company in Canada in June of 2022 and paved his way to permanent residency.

Background Information

Our client, Mahajan (not his real name), is a successful business owner and professional from India. Before coming to Canada, he owned 50% of the shares in an IT service and consulting company in India, which provided web development services to customers in the USA. He initially approached us in 2022 to assist him in setting up a company branch in Canada and securing an immigration work permit as an intra-company transfer executive. Our law firm successfully represented Mahajan in his work permit application under the C-12 category, which was approved in May 2022. In June of 2022, Mahajan and his family arrived in Canada, and he immediately began working on his business.

In July of 2023, our client retained us once again to assist him with his application for permanent residence under the Express Entry Program.

Application Process

Below you will find a detailed overview of the application process for this client.

Application Strategy: Mahajan is a highly educated and experienced entrepreneur with strong language skills and solid work experience, including running his own business. However, despite his accomplishments and skills, he faced a challenge in the Express Entry pool, with a CRS score of only 335, mainly due to his age (40+).

Fortunately, having worked in Canada for 12 months as an Intra-Company Transfer executive, he became eligible to claim an additional 200 points for arranged employment in Canada. To successfully apply for permanent residence in Canada, Mahajan had to demonstrate that he had received a valid job offer in the NOC category 00 (Senior Managers).

For the job offer to be considered valid, Mahajan had to provide evidence to the IRCC regarding the establishment of his business operations in Canada and demonstrate that he held the most senior position in his company in Canada.

Problem: Unfortunately, in this case, Mahajan's company in Canada generated a modest revenue of about $60,000+ in the past year due to the start-up nature of the business in Canada. Additionally, given the stage of his company's growth, the company hired only one Project Manager in Canada but was rapidly expanding its operations.

Solution: Our team focused on the most important aspects of Mahajan's application, highlighting the positive aspects of the business growth and explaining all potential issues in his application. Specifically, we argued that the establishment of a business in Canada should not be judged solely by the revenue generated, as many companies invest considerable resources for years before seeing any revenues. Given the specific nature of this business, the company's revenue was not a good indicator of the validity of the job offer. Additionally, we argued that the limited number of employees on the payroll should not be a prerequisite for Mahajan's ability to claim points for arranged employment in Canada.

Outcome: IRCC accepted our position and approved our client's application for Permanent Residence in Canada. We thank IRCC for being reasonable and flexible in this case.

Congratulations to our client! We wish them tremendous success in Canada!

Facts of the Case

A detailed summary of the facts is listed below:

  • Original date of arrival to Canada: June 2022.
  • Immigration Program: Intra-Company Transfer Work Permit for 1 year.
  • Annual business revenue in Canada: 60,000+
  • Employment opportunities for Canadians: 1 position
  • Immigration application submitted: October 2023.
  • CRS Score: 535 (with 200 points for "arranged employment").
  • Time to get a decision: 4 months.
  • Outcome: permanent residence in Canada for the Client and his family.
  • Total time to become PR as an owner of a business in Canada: 19 months.

If you're a foreign national aspiring to build your business in Canada, our team is here to assist you, no matter how difficult your case may be. We specialize in navigating complex immigration matters and skilfully presenting strong aspects of your case to IRCC Officers in a clear and comprehensive manner. With our expertise, your application stands the best chance of success.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.