Business & Entrepreneurs

Business objectives and immigration objectives should be assessed separately — then planned together.

Entrepreneurs, business owners and investors may have commercial reasons for establishing, acquiring or operating a business in Canada. Immigration status, however, depends on a separate legal framework.

Incorporating a company, purchasing a business, investing capital or owning Canadian assets does not by itself grant temporary or permanent immigration status in Canada.

Entrepreneur Assessment
Business & Immigration Planning
Temporary & Permanent Options
Regulated Immigration Advice
Business Objectives

Start with what you intend to do in Canada.

The immigration analysis changes depending on whether the client intends to establish a new venture, acquire an existing business, manage Canadian operations, expand a foreign company or simply conduct international business activity.

01

Establish a new business

Entrepreneurs planning a Canadian venture should assess both the commercial project and the immigration authorization required to participate in it.

02

Acquire an existing business

Purchasing a Canadian business may create commercial opportunities, but the buyer's immigration status requires separate analysis.

03

Expand a foreign company

International businesses considering Canadian operations may need to assess immigration options for owners, executives or key personnel.

04

Manage Canadian operations

Active management or operational involvement can raise work-authorization questions that should be resolved before activities begin.

05

Conduct international business

Certain meetings, negotiations and other international business activities may be possible as a business visitor when the applicable requirements are met.

06

Pursue longer-term immigration

Where permanent residence is an objective, potentially relevant immigration pathways should be assessed independently from the underlying commercial transaction.

Two Different Frameworks

Business law determines what the company can do. Immigration law determines what the individual can do.

These questions often intersect, but they should not be collapsed into one decision.

Commercial Activity

Ownership and investment concern the business.

A person may be able to incorporate, invest, acquire shares or hold an ownership interest in a Canadian business. Corporate ownership, however, does not determine that person's Canadian immigration status.

Immigration Status

Working, residing or immigrating to Canada requires its own legal basis.

The individual's proposed activities, qualifications, business role and broader immigration circumstances determine which temporary or permanent immigration frameworks may require consideration.

What We Assess

Entrepreneur immigration planning starts with the complete factual picture.

The business idea is only one part of the analysis. The individual's role, immigration history, qualifications and intended activity also matter.

01

Business objective

We identify whether the client plans to start, buy, expand, invest in or actively manage a Canadian business.

02

Proposed Canadian role

Ownership, executive oversight, management and day-to-day operational work can produce different immigration considerations.

03

Business background

Ownership experience, management history, industry knowledge and entrepreneurial background may be relevant to available options.

04

Capital & transaction

The proposed investment, purchase structure and commercial circumstances are reviewed insofar as they affect the immigration analysis.

05

Temporary immigration options

Where the client needs to enter or work in Canada, the appropriate temporary-residence framework must be considered.

06

Longer-term objectives

Permanent residence planning should be assessed independently and should not be assumed merely because a Canadian business exists.

Immigration Planning

There is no universal “business visa” for every entrepreneur.

Canadian business immigration options depend on the applicant, the proposed activity, the business, the province or territory involved and the programs available when the assessment is made.

  • Temporary work authorization Owners, executives and other business people who intend to perform work in Canada may need to identify an appropriate work authorization framework.
  • Work-permit exemptions Certain activities may be performed without a work permit where a specific exemption applies to the facts.
  • Business visitor activity Some international commercial activities can be conducted as a business visitor where the traveller does not enter the Canadian labour market.
  • Provincial entrepreneur programs Provinces and territories may operate entrepreneur or business immigration streams with their own requirements and availability.
  • Federal entrepreneur programs Federal business immigration programs and intake conditions can change. Current availability should therefore be verified before planning an application.
  • Economic immigration Some entrepreneurs may independently qualify for other economic immigration pathways based on their broader profile rather than the business transaction itself.

Investment is not immigration status.

Buying shares, purchasing real estate, incorporating a company, acquiring a franchise or investing money in Canada does not automatically create a right to work, remain in Canada or become a permanent resident. The individual's immigration authorization must have an independent legal basis.

Before Completing a Business Transaction

Understand the immigration implications before relying on the business as part of your plan.

Where immigration is one of the reasons for a proposed Canadian business transaction, the immigration analysis should occur before irreversible commercial commitments are made whenever possible.

01

Immigration feasibility

Determine whether the intended Canadian activities correspond with an immigration framework that is actually available to the client.

02

Role in the business

Clarify whether the client will remain a passive owner or will actively direct, manage or work in Canadian operations.

03

Timing

Business closing dates and commercial commitments should not assume that immigration authorization will necessarily be available on the same schedule.

04

Corporate advice

Corporate, tax, securities, accounting and transaction matters may require advice from the appropriate professional advisers in addition to immigration counsel.

05

Family planning

Where family members will accompany the entrepreneur, their status and objectives should form part of the immigration analysis.

06

Long-term strategy

Temporary work authorization and future permanent residence should be treated as separate stages unless a specific immigration program connects them.

Working With Escanto

From business objective to immigration strategy.

01

Define the Canadian objective

We begin by understanding the proposed business activity, transaction, Canadian role and the client's immigration objectives.

02

Review the immigration profile

Citizenship, residence, business experience, employment history, education, language ability, family circumstances and immigration history are considered where relevant.

03

Identify potentially relevant frameworks

Temporary, permanent, federal and provincial immigration possibilities are assessed against the actual circumstances and current program rules.

04

Establish the professional mandate

Where Escanto is retained, the scope of immigration advice, application preparation or representation is documented.

05

Coordinate the immigration process

The immigration component is handled within the agreed professional scope while commercial, tax and corporate matters remain with the appropriate advisers where required.

Assess the immigration strategy before relying on a Canadian business plan.

A consultation can help distinguish the commercial transaction from the immigration requirements and identify the questions that should be resolved before you proceed.

Discuss Your Objectives
Provincial Immigration

Explore immigration pathways by province.

Compare provincial worker, graduate, Express Entry-linked and business pathways, including current selection conditions and province-specific assessment routes.

Explore Provincial Immigration →
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