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

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

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

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.

Important: During the initial 2-year period (3 years for Quebec), the business candidate is not nominated by the province or territory. They are only potential nominees who must meet specific provincial requirements to receive the Confirmation of Nomination or CSQ.

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).

Note: A foreign national may be issued a work permit under paragraph R204(c) (LMIA exemption code T13), even if they will be working as an entrepreneur. In this case, the foreign national must have both

  • a valid formal nomination for permanent residence from a province or territory and
  • a paragraph R204(c) support letter

See Work permits for provincial nominees for further information.

On this page

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.

Important: These foreign nationals are not yet provincial nominees, nor have they been selected by the province of Quebec. They must first complete mandatory steps for the province, after which they may be nominated or, for Quebec, selected.

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
  • supporting documentation that

Note: The IMM 5802 form is authorized only in rare situations for Canadian entities that do not yet have a Canada Revenue Agency number. Instructions are available in the Employer Portal enrolment guide(opens in a new tab) . Officers must confirm that the IMM 5802 form was authorized (by checking the client note) before processing the work permit application.

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).

Field Considerations

LMIA Exemption Title and LMIA Exemption Code

The employer is required to select this from a drop-down list of values in the Employer Portal. This code cannot be changed on the offer of employment.

Employers should select C60 – Entrepreneurs / self-employed candidates seeking to operate a business – R205(a).

Requirements Exemptions Met

Information in this field outlines how the entrepreneur’s business will create or maintain benefits for Canada.

If the employer only indicates “See attached,” there should be a copy of the work permit support letter issued by the province or territory (other than Quebec) uploaded to GCMS in the Organization and Entities screen tab, under the Offer of Employment view tab, Attachments view.

NOC and Job Title

Generic NOC code: 88888

Job title: Entrepreneur

It should be the code used in the Employer Portal submission or IMM 5802.

Duties

These are the activities that the foreign national will be performing. Do they align with the significant benefit and the activities required for entrepreneurship?

Job Requirements

Are there specific requirements that align with the benefit? For example, experience managing a business in the same industry sector, proof of cultural status, experience in the occupations in the business or language requirements to perform the work.

Minimum Education Requirements

Are the educational requirements compatible with the stated significant benefit outlined in the offer of employment?

The client’s education may have some bearing on whether the client meets the job requirements; however, its relative weight may be less if their work experience is sufficient.

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.

Important: Provinces and territories must have provided a letter of continued support. In their work permit support letter, provinces and territories should provide additional information supporting the fact that this work permit extension is needed, including the rationale in support of exceptional circumstances.

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:

Field Selection or input

Case type

52 when the offer of employment was submitted through the Employer Portal and an “A” number exists

20 only when authorized to submit the IMM 5802 form

Province of destination

Province or territory as per the offer of employment and provincial support letter

City of destination

Unknown

Exemption code

C60

This will auto-populate when matched with the offer from the Employer Portal.

NOC

88888 (generic code)

This will auto-populate when matched with the offer from the Employer Portal.

Intended occupation

Entrepreneur

This will auto-populate when matched with the offer from the Employer Portal.

LMIA/LMIA-exempt #

“A” number from the offer of employment submitted in the Employer Portal

If the foreign national is authorized to use the IMM 5802 form, no LMIA-exempt # is required. See Alternate submission [IMM 5802](opens in a new tab) .

Note: If the applicant has entered a fictitious offer of employment number (such as A9999999), as instructed when they were authorized to use the IMM 5802, this fictitious number should be deleted from this field.

Employer

Foreign national’s name or business name as per the offer of employment or auto-populated when matched with the offer from the Employer Portal

Duration

As per the offer of employment, to a maximum of 2 years

Important: When the foreign national is both employer and employee, as in the entrepreneur situation, they are subject to regulatory-imposed conditions based on the information provided in the offer of employment in addition to the conditions imposed on the work permit.

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
  • 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

Note: The IMM 5802 form is authorized only in rare situations for Canadian entities that do not yet have a Canada Revenue Agency number. Instructions are available in the Employer Portal enrolment guide(opens in a new tab) . Officers must confirm that the IMM 5802 form was authorized (by checking the client note) before processing the work permit application.

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.

Field Selection or input

Case type

52 when the offer of employment was submitted through the Employer Portal and an “A” number exists

20 only when authorized to submit the IMM 5802 form

Province of destination

Quebec

City of destination:

Leave blank or unknown

Exemption code

C60

This code is auto-populated from the LMIA-exempt offer of employment. This code should only be changed in specific circumstances. For further instructions, see Changes between the offer of employment and the work permit application.

NOC

88888 (generic code)

Should be the same code used in the Employer Portal submission or on IMM 5802

Intended occupation

Entrepreneur

This will auto-populate when matched with the offer from the Employer Portal.

LMIA/LMIA-exempt #

“A” number from the offer of employment submitted in the Employer Portal

If the foreign national is authorized to use the IMM 5802 form, no LMIA-exempt # is required. See Alternate submission [IMM 5802](opens in a new tab) 

Employer

Foreign national’s name or business name as per the offer of employment or auto-populated when matched with the offer from the Employer Portal

Duration

As per the offer of employment, to a maximum of 3 years

Important: The applicant must be able to demonstrate that they will have the incentive to depart Canada when their work is complete (for example, operation of a rib stand at a festival) or the business closes.

Note: When the foreign national is both employer and employee, as in the entrepreneur situation, they are subject to regulatory-imposed conditions based on the information provided in the offer of employment in addition to the conditions imposed on the work permit. For further information, see International Mobility Program: Employer-specific work permits with Labour Market Impact Assessment exemptions.

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