Working With a Canada Startup Visa Lawyer: The Complete Guide

What is the Canada Start-up Visa program?

Should you work with a Canada Startup Visa lawyer?

While you are not legally required to work with an immigration lawyer or immigration lawyers or an immigration law firm for your Canada Start-Up Visa program application, it is highly advisable to do so. 

The Canada Start-Up Visa program has a lot of requirements, and there is a lot of evidence that you have to provide to have the best chance of being approved. Hiring a lawyer won’t mean that your application will get special attention from the Canadian government, and it won’t guarantee your application will be approved.

However, because the process can be complex, getting advice from a lawyer with expertise in Start-Up Visa applications can be extremely valuable in helping you avoid common mistakes and ensuring that you have the best possible chance of being one of the successful applicants. 

10 Ways a Canada Business Immigration Lawyer Can Help You

A Canada business immigration lawyer can play a crucial role in helping individuals applying for the Canada Startup Visa program.

Here are the top ways a Canada Startup Visa attorney can assist:

1. Provide legal expertise and guidance tailored to the applicant’s situation.
2. Assist with gathering and organizing required documentation.
3. Develop a comprehensive and compelling business project.
4. Navigate complex legal issues and address admissibility concerns.
5. Act as a liaison between the applicant and immigration authorities.
6. Advocate for the applicant’s interests throughout the application process.
7. Handle appeals or reviews in case of application denials or delays.
8. Stay updated on changes to immigration laws and policies.
9. Ensure compliance with all program requirements.
10. Provide ongoing support and representation as needed.

What are the benefits of the Canada Start-Up Visa?

• The Start-Up Visa program is known for its efficient and streamlined processing, ensuring that your application is handled promptly and professionally, giving you more time to focus on building your business. 
• Your spouse or common-law partner and dependent unmarried children under the age of 22 will also receive permanent residence and will be able to work and study in Canada. They will also have access to public healthcare. 
• One of the most significant advantages of this visa is that it provides a direct path to permanent residence in Canada. 
• Successful applicants and their family members gain permanent residence status, having access to various social benefits and a high standard of living. 
• Unlike other entrepreneur visa programs, this visa does not link your permanent residency status to the performance of your business. Once you receive permanent residence, you are free to pursue any entrepreneurial or professional opportunities within Canada. 
• With permanent residence status, you may qualify for Canadian citizenship after residing in Canada for three years. Canadian citizenship offers additional benefits, including the right to vote and unrestricted access to work and study. 

What are the requirements for the Canada Start-Up Visa program?

To qualify for the Start-Up visa programs program, you need to meet certain requirements like having a qualifying business, getting a letter of support and a commitment certificate from an approved organization, meeting language requirements (in English or French), and having enough money to live in Canada.

Here is a more detailed overview of the criteria:

1. Have a qualifying business

Your business must be innovative, scalable, and have the potential to create significant economic benefits for Canada. Two of the main broad criteria are that the business must be able to compete on an international scale and create jobs. A designated organization panel will assess your business concept, viability, and growth prospects. 

A “qualifying business” must meet all of these conditions when you receive a commitment certificate from a designated organization:

• Each applicant holds 10 percent or more of the voting rights attached to all corporation shares outstanding at that time (up to five people can apply as owners). 
• Applicants and the designated entity jointly hold more than 50 percent of the total voting rights attached to all corporation shares outstanding at that time. 

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 is incorporated in Canada. 

2. Get a letter of support from a designated organization

A letter of support from an Authorized Government Designated Organization (either a venture capital fund, angel investor group, or business incubator) is crucial in your Start-Up Visa application. This letter, typically accompanied by a commitment certificate, demonstrates that your business idea has been endorsed and supported by a recognized entity in the Canadian entrepreneurial ecosystem. 

3. Secure the minimum investment

The minimum investment required depends on the type of designated organization that endorses your idea.

• Venture capital fund: You must get at least one designated venture capital fund to agree to invest at least 200,000 CAD ($148,000) in your business.
• 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.
• Business incubator: There are no minimum investment or funding requirements for applicants accepted into a Canadian business incubator program; the applicant’s ideas only need endorsement by one of the business incubators to proceed with investment visa applications.
• Meet the language requirements.

Proficiency in English or French is essential to succeeding in Canada’s business environment. You must provide language test results from an approved testing agency to prove your language skills. You must meet the minimum level of the Canadian Language Benchmark (CLB) 5 in English or French in all four areas: Speaking, reading, listening, and writing. 

4. Bring enough money to settle

Before arriving in Canada, you must show that you have sufficient settlement funds to support yourself and your dependent family members in Canada. This financial requirement ensures that you can settle comfortably, invest financial resources into your company, and focus on growing your start-up.

The minimum amount depends on the number of accompanying family members moving to Canada. If you move by yourself, you will need to demonstrate that you have at least CAD$13,757 in your bank account. This amount increases to 17,127 CAD for two people, 21,055 CAD for three, and so on.

Canada Start-Up Visa Required Documents

• Detailed resume (CV) of the candidate 
• Draft business proposal 
• Copy of passport or legal travel document 
• Birth certificate 
• Marriage certificate (if married) 
• Police Clearance Record from your country of origin and residence 
• Proof of sufficient funds: a recent bank statement covering at least six months 
• Bank reference letter 
• Language test results (IELTS CLB Level 5 or NCLC Level 5) 
• Medical examination confirmation from a certified health institution 
• Letter of support from a designated entity in Canada 

All supporting documents for your application must be legally translated into English or French and certified or apostilled from the corresponding country. This list is not exhaustive, as the immigration office may request additional supporting documents if necessary. 

Step-By-Step Application for the Canada Start-up Visa

Now that you understand the requirements let’s walk you through the step-by-step process of obtaining a Canada Start-Up Visa. 

1. Develop the business concept and prepare your business plan: Take the time to refine your business concept and create a comprehensive business plan that showcases its potential. 

2. Obtain a letter of support from an authorized, government-designated organization: Connect with designated organizations and secure a supporting letter and a commitment certificate demonstrating their belief in your business. 

3. Prepare your file and application: Gather all the necessary documents and forms to prepare your application for submission. 

4. Submit the application for permanent residence: You must submit your application for the Start-Up Visa program through the Canadian immigration authorities. 

5. Attend the medical and security verification: Undergo medical examinations, security background checks, and biometrics appointments as part of the permanent residency application process. If you’re between 14 and 79 years old, you need to provide fingerprints and photos (biometrics) for every application for permanent residence you submit. 

6. Receive permanent residence permit:  Once your application is approved, you will be issued a permanent residence permit. 

Canadian Immigration Lawyer Fees and Costs

The fees for a Canada Startup Visa lawyer typically range from CAD 10,000 to 25,000+, reflecting the need for detailed business plans and legal expertise. It’s important to note that government fees, such as IRCC application processing fees, are separate from lawyer fees. Additionally, the lawyer’s location can influence costs, with practitioners in major cities like Toronto or Vancouver often charging higher rates.

The application fees for the Start-Up Visa program can vary depending on your circumstances. The permanent residence application fee is CAD$ 2,140 for the main applicant, CAD$ 1,365 for your partner, and CAD$ 230 for each dependent child. The biometrics appointment costs CAD$ 85 for a single person or CAD$ 170 for a family of two or more people applying together.

Please note that there are additional costs for medical exams, language tests, authentication and translation of documents (when necessary), legal assistance, and so on.

How Can Global Citizen Solutions Help You?

Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.

• We have helped hundreds of clients from 35+ countries in all the top residency by investment and citizenship by investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. 
• Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
• Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
• All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
• Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
• The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.

Frequently Asked Questions about the Canada Startup Visa Lawyer:

What is the Canada Start-up Visa Program?

The Canada Start-up Visa program provides opportunities for immigrant entrepreneurs to gain permanent residency in Canada, provided that they can create a business that is innovative, creates jobs, and can compete on an international scale. 

What is a letter of support from a designated organization?

A designated angel investor group or venture capital fund will provide you with a letter of support, which serves as proof that they will support your business idea. 

Are there any language requirements for the Canada Start-Up Visa program?

You will need to provide language test results from an approved testing agency to prove your language skills. You must meet the minimum level of the Canadian Language Benchmark (CLB) 5 in either English or French in all of these four areas: Speaking, reading, listening, and writing.

What is the role of an attorney in the Canada Startup Visa Process?

Overall, the role of an attorney in the Canada Startup Visa process is to provide expert legal guidance, support, and representation to applicants, helping them navigate the complexities of the immigration system and maximize their chances of success.

How can a lawyer help if my Canada Startup Visa application is rejected?

If your Canada Startup Visa application is rejected, a lawyer can assist you in several ways. Firstly, they can review the reasons for the rejection and assess the grounds for appeal or reconsideration. They can then provide guidance on the appropriate steps to take, such as gathering additional evidence or addressing any deficiencies in the application.