Operational Bulletin 360 - November 17, 2011

Entrepreneur Terms and Conditions

For further information, please refer to OB 360-A.

Summary

As of February 1, 2012, active monitoring of terms and conditions (Ts and Cs) for entrepreneurs under section 98 of the Immigration and Refugee Protection Regulations (IRPR) will cease.

Background

As part of Citizenship and Immigration Canada’s (CIC’s) Strategic Review, a decision was made to make regulatory changes to no longer impose and monitor Ts and Cs on entrepreneur class immigrants in favour of a proposal for a more rigorous up-front assessment. Regulatory changes regarding the imposition and monitoring of Ts and Cs, however, have been put on hold pending a program review that is currently in progress.

On June 27, 2011, Operational Bulletin 319 - Updated Ministerial Instructions: Temporary Moratorium on Federal Entrepreneur Class Applications announced a moratorium on new applications under the federal entrepreneur class. In conjunction with this moratorium, and in line with the Strategic Review decision, CIC has decided to end the active monitoring of Ts and Cs until such time as the program review is complete.

Processing Instructions

Commencing December 1, 2011, overseas missions will counsel approved entrepreneur class permanent residence applicants to meet the conditions described in the IRPR 98(1) to (3); however, due to a change in policy, evidence required under subsections 98(4) and (5) or IRPR only needs to be provided if requested by a CIC official. The letter found in Appendix A of Overseas Processing Manual 8 (OP 8) has been amended and can be found at the end of this Operational Bulletin (OB).

As of December 1, 2011, border service officers at ports of entry will advise entrepreneur class permanent residents who have conditions recorded on their Confirmation of Permanent Residence that they no longer need to provide the monitoring card or complete an Application to Remove Entrepreneur Conditions (IMM 5547) unless requested by a CIC official.

As of December 1, 2011, inland officers should only request the completion of an Application to Remove Entrepreneur Conditions (IMM 5547) by an entrepreneur whose Ts and Cs are outstanding in cases where there is information that may have a negative impact on the entrepreneur’s immigration status and at least three years have passed since the entrepreneur became a permanent resident. Entrepreneurs should no longer be asked to provide a Mail-in Card (IMM 5548) or Entrepreneur Monitoring Report (IMM 5486). A Web notice advising entrepreneurs that they are no longer required to provide any of the aforementioned documents, unless requested by a CIC official, will be published on December 1, 2011.

Inland officers should conclude as many active investigations of entrepreneur class permanent residents by January 31, 2012 as possible, focussing efforts on cases where the officer believes the entrepreneur is reportable under section 44 of the Immigration and Refugee Protection Act and there are no mitigating circumstances with respect to the failure of the entrepreneur to satisfy Ts and Cs. On February 1, 2012, CIC will end all active monitoring of Ts and Cs for entrepreneurs.

Citizenship officers should not delay applicants for a grant of citizenship if they have outstanding Ts and Cs under section 98 or IRPR and there is no other information that may have a negative impact on the entrepreneur’s immigration status (Non-Computer Based Entries, Enforcement Information Indexes, 44 reports, etc.). After confirming that no such information exists, citizenship officers should pass the relevant immigration clearance subactivity in the Global Case Management System.

If an entrepreneur submits an unsolicited Mail-in Card (IMM 5548), Entrepreneur Monitoring Report (IMM 5486) or an Application to Remove Entrepreneur Conditions (IMM 5547) after December 1, 2011, staff will file the submission in a general folder. Any inquiries received by staff or the call centre should refer individuals to the appropriate page on the CIC website.

Letter Templates

OP 8 Appendix A letter

Appendix A Entrepreneur’s letter of acknowledgment

To Canadian Embassy/High Commission/Consulate in

(Name of Country)

Reference: File N^o.

I (name of entrepreneur) have applied for a permanent resident visa as a member of the entrepreneur class.

I intend and have the ability to meet the conditions referred to in section R98, namely, that after I become a permanent resident of Canada, I must:

1. control a percentage of equity of a qualifying Canadian business equal to or greater than 33 1/3%;
2. provide active and ongoing management of the qualifying Canadian business;
3. create at least one incremental full-time job equivalent for Canadian citizens or permanent residents, other than for myself or my family members;
4. meet these conditions for a period of at least one year within a period of three years after I become a permanent resident.

If requested, I will provide to an officer evidence of compliance with the conditions. I also acknowledge and understand that all of my family members are subject to the condition that I meet the above conditions.

[SIGNATURE]

[DATE]