Provincial business candidates or Quebec self-employed applicants approved for a Quebec selection certificate seeking eventual permanent residence – [R205(a) – C60] – Canadian interests – International Mobility Program

In these instructions “officer” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Service Agency.

The instructions on this page should be reviewed in conjunction with

• Employer-specific work permits with Labour Market Impact Assessment exemptions
• Conditions and validity period on work permits

There are specific situations that IRCC considers, by policy, as meeting the requirements of paragraph 205(a) of the Immigration and Refugee Protection Regulations, where the work of a foreign national creates significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents. The department has created labour market impact assessment (LMIA) exemption categories (using unique administrative codes) to capture different considerations for those specific situations

C60 is the administrative LMIA exemption code that provides that the work of certain foreign nationals entering Canada to create or maintain a business as an entrepreneur, where they are supported by a province or territory, may create significant benefits. For workers who do not meet the specific considerations for a C60 exemption, officers may still assess them on a case-by-case basis, possibly under the broader LMIA exemption code C10, also used for assessment under paragraph R205(a).

Overview

In these instructions, “selection” or “selected” is used to describe foreign nationals supported by Quebec. “Nomination” or “nominee” is used to describe foreign nationals supported by any province or territory other than Quebec.

There are 2 categories of foreign nationals who seek temporary entry to Canada as business owners

1. Temporary purpose
2. Business candidate

Temporary purpose

The first category applies to those who only seek entry for a temporary, usually seasonal, purpose to run their existing business (usually self-employed people). Self-employed people are foreign nationals who have not been accepted into a business program by any province or territory.

Business candidate

The second category applies to those who seek entry as a business candidate to start or run their business to meet the requirements for provincial/territorial nomination or selection as an entrepreneur or the requirements for the federal Start-up Business Visa.

In the case of provincial/territorial programs, the business candidate first applies to a province or territory for acceptance into the provincial/territorial business immigration program. If the candidate is approved, the province or territory will provide them with a support letter to obtain a work permit. The candidate is then required to implement their business plan and meet specific provincial requirements, usually for 2 years, except for Quebec which allows candidates up to 3 years, before they are provided a Confirmation of Nomination letter or a Quebec Selection Certificate (CSQ) for permanent residence.

Once a business candidate has been given a formal Confirmation of Nomination, they can apply for a work permit under paragraph R204(c) instead of paragraph R205(a).

See Work permits for provincial nominees for further information.

On this page

• Overview
• Eligibility for provincial business candidates (no nomination or CSQ)
• Documentary evidence
• Fields to review from the offer of employment in the Global Case Management System (GCMS)
• Significant benefit considerations for provincial business candidates
• Dual intent
• Extensions
• Work permit issuance in GCMS
• Quebec-destined entrepreneurs or self-employed people issued a CSQ
  • Eligibility and documentary evidence
• Work permit issuance in GCMS

Eligibility for provincial business candidates (no nomination or CSQ)

A foreign national who is a business candidate for nomination or selection for permanent residence by a province or territory may be issued a work permit in advance of their formal nomination or selection if they show their work will create or maintain significant benefits to Canada.

For specific information on the various business programs, officers can review the websites provided by the provinces and territories.

The foreign national must

• have a paragraph R205(a) work permit support letter as evidence of the assessment by the province or territory that the applicant may provide significant benefit
• provide evidence of how their business will provide significant economic, social or cultural benefits to Canadian citizens or permanent residents
  • The support letter is an indicator of benefit, as confirmed by the province or territory, but should not be the only evidence provided.
• provide evidence that they can perform the work they are applying to do in Canada
  • This includes, but is not limited to proof of
    • a language assessment
    • educational level obtained
    • work experience
    • meeting any regulated occupation requirements
• satisfy an officer that they will leave Canada at the end of their authorized stay if they do not obtain permanent residence

Documentary evidence

Officers should be aware that, for business candidates, the foreign national is both employer and employee. They must meet the requirements for both roles.

As part of the efforts to reduce duplication between provinces and territories (except for Quebec) and IRCC, provinces and territories have amended their support letters. By issuing a work permit support letter, provincial and territorial governments are demonstrating that they are satisfied that the applicant has or will create a genuine business, has a viable business plan, and has demonstrated that their business will create or maintain significant cultural, social or economic benefit in said province or territory.

A copy of the work permit support letter issued by provinces and territories can be found here (PDF, 403 KB).

The review undertaken by provinces and territories may include one or more of the following:

• an assessment or a verification of the business in the home country, as well as a verification that the candidate meets the minimum education requirements, including verification of education credentials and provision of education credential equivalency in Canada, and the candidate’s language proficiency necessary to operate the proposed business
• an interview to review the candidate’s business plan to ensure that it outlines the set up, marketing strategy and location; that it contains a financial analysis of the labour market, details of jobs to be created and the timeline for expected hiring; and that it has the business potential to provide economic benefit to the community/targeted market
  • If the candidate is establishing a new business or purchasing an existing business, whether the business is a sole proprietorship or a partnership, the business must meet the labour market needs of the province or territory of destination, and the candidate must have demonstrated sufficient knowledge of how to run a business in Canada including an understanding of business law, taxation law, etc.
• an assessment of the candidate’s financial ability to start the business, including capital readily available or easily liquidated within the first four months of arrival in Canada to be invested in the business
  • the provenance of funds, including cash flow statements demonstrating source of revenue or liquid funds indicative of a regular cash flow pattern for the first 12–18 months, a review of available finances and personal net worth verified with financial institution(s) and/or through a third party professional service, and a review of expected revenue/profit and expected expenses, and the candidate must not have any debt

With this adjustment to the work permit support letters, officers can place more weight on the letter as evidence that the applicant will be engaging in genuine business activities, that they have a viable business plan and, given that the work permit support letter was issued, that the significant benefit test can be considered met.

With assurances that the significant benefit test has been met, officers can focus on section R200 requirements, including the requirement that the applicant intends and has the ability to perform the work sought, and that the foreign national will leave Canada at the end of the period authorized for their stay. Officers continue to have the legislative and regulatory authority to make the final decision on applications, and can, at any time, request additional documents in support of their final decision.

To prove they are eligible, a foreign national must provide

• either
  • an offer of employment number generated by the Employer Portal when they submit the offer for themselves or
  • the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] if authorized by the Client Experience Branch or Immigration Program Guidance Branch to submit the form (see Alternate submission [IMM 5802] for details)
• proof of payment of the employer compliance fee
• an application for a work permit
• the support letter from the province or territory indicating potential nomination or selection in an entrepreneurial stream
  • in accordance with the Federal-Provincial/Territorial Agreements, self-employed people are not eligible for nomination
  • under the Canada – Quebec Accord, foreign nationals selected as self-employed are not eligible
• supporting documentation that
  • shows how the business will create or maintain significant cultural, social or economic benefit
  • provides an indication of the temporary nature of the foreign national’s stay to satisfy an officer that they will leave Canada

The business candidate should provide supporting documentation that they will be engaging in genuine business activities and have a viable business plan. This can include, but is not limited to, the following:

• a copy of any signed agreement with the applicable province
• a viable business plan
• a staffing plan
• evidence of any measures taken to initiate the business plan (for example, obtaining a business number or articles of incorporation)
• evidence of the financial ability to commence business in Canada and compensate employees
• evidence of satisfactory English or French language ability
• evidence of sufficient funds to support themselves while in Canada

Fields to review from the offer of employment in the Global Case Management System (GCMS)

When assessing the significant benefit of the foreign national’s work, officers should review the fields below that appear under the Employment Details tab in the Global Case Management System (GCMS) for information provided by the employer (who may also be the work permit applicant) or the matching fields on the IMM 5802 form (if authorized).

Significant benefit considerations for provincial business candidates

Officers can review the instructions in Significant benefit to Canada [R205(a) – C10](opens in a new tab)  for general guidelines on assessing what is a significant economic, social or cultural benefit.

In addition to the general guidelines, for the purpose of the specific administrative LMIA exemption code C60, indicators of “significant” may include

• general economic stimulus (such as job creation, development in a regional or remote setting, or expansion of export markets for Canadian products and services)
• advancement of Canadian industry (such as technological development, product or service innovation, or differentiation or opportunities for improving the skills of Canadians)
• significant benefit, where a province or territory confirms that the candidate meets the requirements of paragraph R205(a)

Dual intent

There are 2 categories of potential permanent residence applicants who may apply for a work permit under this category

• foreign nationals who are undertaking business activities as potential provincial nominees or selected and have support letters
• Quebec-destined entrepreneurs or self-employed people issued a CSQ

Although applicants may have a dual intent to seek status as temporary workers and eventually as permanent residents, as per paragraph R200(1)(b), they must always satisfy the officer that they will leave Canada at the end of the temporary period authorized under section R185.

The applicant must be able to demonstrate that they maintain the capacity and willingness to leave Canada should their employment end or they fail to obtain permanent residence.

Extensions

An extension beyond 2 years under this work permit category can be granted only if an application for permanent residence is already in process or in exceptional circumstances.

Examples of exceptional circumstances might be significant investment projects or applicants for whom a provincial nomination certificate is still pending for reasons outside the applicant’s control. Evidence of exceptional circumstances should be provided by the applicant with their work permit application.

Officers must remain satisfied that the applicant will leave Canada if required.

Work permit issuance in GCMS

The work permit will be issued under the authority of paragraph R205(a).

Under the “Application” screen, officers should enter or confirm the following information in the specified fields:

Quebec-destined entrepreneurs or self-employed people issued a CSQ

A work permit may be issued to entrepreneurs and self-employed individuals destined to Quebec if a CSQ has been issued, but the foreign national is not yet a permanent resident. While Quebec does not have a provincial or territorial nominee program, special consideration is applicable on the basis of the Canada-Quebec Accord.

Eligibility and documentary evidence

Quebec-supported entrepreneurs can apply for a work permit prior to receiving their CSQ. However, if they already hold a CSQ as an entrepreneur or self-employed person, they may submit a work permit application under paragraph R205(a).

To be eligible, a foreign national must

• have a valid CSQ as an entrepreneur or self-employed person
• have a support letter from the ministère de l’Immigration, de la Francisation et de l’Intégration
• have received either
  • an offer of employment number, or
  • authorization by the Client Experience Branch or the Immigration Program Guidance Branch to submit the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] (see Employer-specific work permits with Labour Market Impact Assessment exemptions for details)
• have paid the employer compliance fee (entrepreneurs and self-employed persons are considered their own employer and must therefore pay the employer compliance fee)
• have submitted an application for a work permit

Work permit issuance in GCMS

The work permit will be issued under the authority of paragraph R205(a) and will be coded as shown below.

Related links

• Significant benefit to Canada [R205(a) – C10](opens in a new tab) 
• Foreign camp owner or director and outfitters
• Fishing guides
• Horse jockeys
• Start-up business class