Work permits for Start-Up Visa applicants

From Immigration, Refugees and Citizenship Canada

• 1.0 Introduction
• 2.0 Eligibility requirements
• 3.0 Submit your offer of employment and pay the employer compliance fee
  • 3.1 Submit your offer of employment and pay the fee through the Employer Portal
  • 3.2 Submit your offer of employment and pay the fee outside of the Employer Portal
• 4.0 Apply for your work permit
  • 4.1 Get your documents ready
  • 4.2 Proof of funds
  • 4.3 Apply online
  • 4.4 Work permit conditions and extensions
• 5.0 Eligibility requirements for family members coming with you
  • 5.1 Spouse or common-law
  • 5.2 Dependent children

1.0 Introduction

This guide explains how you can apply for a short-term work permit under the Start-Up Business (SUV) category in the International Mobility Program.

Only foreign nationals who have received a Commitment Certificate and Letter of Support issued by a designated entity are eligible to apply. The designated entity must indicate why the applicant is urgently needed in Canada before they become a permanent resident.

If you meet the eligibility requirements, you can apply for a work permit.

2.0 Eligibility requirements

In this situation, you’re both the employer and the employee. This means that you must meet the requirements of both.

To be eligible for a work permit, you must

• intend to live in a province or territory other than Quebec
• have submitted an offer of employment for yourself and paid the employer compliance fee
• have received a Commitment Certificate and a Letter of Support from a designated entity indicating
  • that you’re "essential" and
  • the urgent business reasons for your early entry to Canada (section 8.0 of the Commitment Certificate is completed)
• have sufficient funds to meet the low income cut off for your family for 52 weeks
  • These funds must be separate from your investment funds.

3.0 Submit your offer of employment and pay the employer compliance fee

If your business has registered for a Canada Revenue Agency (CRA) business number, follow the instructions in section 3.1.

If your business has not yet registered for a CRA business number, follow the instructions in section 3.2.

3.1 Submit your offer of employment and pay the fee through the Employer Portal

If your business has registered for a CRA business number, you must use the online Employer Portal to submit your offer of employment and pay the employer compliance fee.

To do this, you must first enrol in the Employer Portal. For instructions on how to enrol, see the Employer Portal Enrolment Guide.

After you have successfully enrolled in the Employer Portal, you can log in using your secure credential user ID and password (using a Sign-In Partner or GCKey). For more information on using the Employer Portal, please read the Employer Portal User Guide.

A. Create an offer of employment

When you log into your account, you’ll see the Employer Portal welcome page. Under "What would you like to do today?" select "Submit an offer of employment".

There are four forms you must complete:

• Business information
• Foreign worker
• Job details
• Wage and benefits

The business information form will only need to be filled out when you create your first offer of employment, unless the business information changes.

Beside each form name you’ll see a status symbol that shows if the form is "not started", "in progress", or "complete".

Business information form

Business: The first three fields will be pre-populated with the information you entered when you enrolled in the Employer Portal. These fields cannot be modified.

Enter the business telephone number where indicated and select "Next".

Business address: This should be the physical address and mailing address (if applicable) of the main business location.

Type of business: Select the correct type from the drop down menu.

Business details: Complete these fields to the best of your knowledge, based on what you expect for the first year of income and hiring.

Business primary contact information: Enter the contact information of the person who will be the main contact for the business.

When you are done completing the form, validate the information, save and exit.

Foreign worker form

Enter your personal information exactly as it appears in your passport. This includes spelling, hyphens, accents, spaces and capitalization.

When you’re done completing the form, validate the information, save and exit.

Job details form

The first three fields will be pre-populated with the information you entered when you enrolled in the Employer Portal.

• LMIA exemption title: Select "A77 - Start-up Business Class Work Permit – R205(a)".
• LMIA exemption code: This field will be automatically populated.
• Explanation of how the job meets the requirements of the exemption being requested: Explain that you’re essential and urgently needed for the start-up of your business according to section 8.0 of the Commitment Certificate. You should also indicate how your work is essential and urgent.
• Job title: Indicate "Start-Up Visa Entrepreneur".
• NOC Code: NOC 88888
• Physical job location: The physical job location is the address where you will be working.
• Main duties of the job: Provide a description of the urgent and essential work you’ll be performing.
• Provincial/territorial/federal certification, licensing or registration requirements for the job:
  • Select "Yes" or "No". If you select "Yes", you’ll need to provide more information on the licensing.
• Fee payment question: Select "Yes, I will be paying the employer compliance fee for this offer."
• Enter the remaining details for the job and select "Next".

After completing the form, validate the information, save and exit.

Wage and benefits form

If your business plan indicates paying you a wage, include this here.

In addition, in the box "Alternate compensation scheme", indicate that you’re a self-employed entrepreneur, and demonstrate that you have the minimum amount of funds to support yourself and any accompanying family members (if applicable) for 52 weeks. Indicate the amount of settlement funds available and what documents you can provide as evidence.

B. Submit your offer of employment

When the status of all four forms shows "complete", you can submit the offer of employment:

1. On the LMIA-exempt Offer of employment page, select "Continue". You’ll be directed to “Your document checklist”. You can upload a document with more details on how your situation meets the requirements of the SUV work permit category if you choose.
2. Select "Next".
3. On the screen 'Your Declaration and Electronic Signature':
   • read the employer declaration
   • select 'I agree'
   • type your name in the signature panel and answer the Security Question
4. Click "Sign".

C. Pay the employer compliance fee

You’re required to pay the $230 employer compliance fee. After electronically signing your offer of employment:

1. Select "Transmit and Pay".
2. Review the fees summary page and select "Transmit and pay". You’ll be directed to the Receiver General’s online payment website.
3. Complete the online payment form. Click "Process Transaction".
4. Review and print the transaction receipt for your records.
5. Select "Return". You’ll be redirected back to the Employer Portal.
6. Select "Exit questionnaire" to return to the portal Welcome page.

Review "Employment queue" to retrieve the offer of employment number. You’ll have to add this number to your work permit application form in the field "Labour Market Impact Assessment (LMIA) No. or Offer of Employment (LMIA exempt) No".

3.2 Submit your offer of employment and pay the fee outside of the Employer Portal

If your business has not registered for a Canada Revenue Agency business number, you won’t be able to use the Employer Portal. Instead, email the Employer Portal and indicate that you’re an entrepreneur.

In your email, include your:

• full name
• date of birth
• citizenship
• country of birth
• gender

If your email request is approved, you’ll get an email back with:

• the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (IMM 5802) form
• instructions on where to return the completed form
• instructions on how to pay your employer compliance fee online

A. Completing form IMM 5802

When completing the Offer of Employment to Foreign National Exempt from a Labour Market Impact Assessment (IMM 5802), refer to the instructions below for certain fields:

• Box 4 and 5 – Business operating name and business legal name.
  • If you don’t have a business name yet, put "New business and your name".
• Box 17 and 24 – Job title
  • Enter "Start-Up Visa Entrepreneur".
• Box 21 – Title of LMIA exemption being requested.
  • Select "Start-up Business Class Work Permit – R205(a)" (Box 22 will populate automatically).
• Box 23 – Explanation of how the job meets the requirements of the exemption being requested.
  • Explain that you’re essential and urgently needed for the start-up of your business according to section 8.0 of the Commitment Certificate. You should also indicate how your work is essential and urgent.
• Box 25 – National Occupation Classification (NOC) code.
  • Input NOC 88888.
• Box 29 – Main duties of the job.
  • Provide a description of the urgent and essential work you’ll be performing.
• Box 33 – Wage in Canadian dollars and number of work hours.
  • Leave blank.
• Box 34 – Alternate compensation scheme (You must complete this section).
  • Indicate that you’re a self-employed entrepreneur, and show that you have the minimum amount of funds required to support yourself and any accompanying dependants for a minimum of 52 weeks.
  • Indicate the amount of settlement funds available and what documents you can provide as evidence.
• Box 36 – Benefits.
  • Not required.
• Declaration of Employer
  • Complete this section and sign as the employer.

4.0 Apply for your work permit

You must apply for a work permit online.

In most cases, you have to submit your application from outside Canada. However, you may be eligible to apply from inside Canada. Make sure you meet the eligibility requirements depending on where you plan to apply for your work permit.

4.1 Get your documents ready

Before you apply online, prepare your documents:

• your Letter of Support from a designated entity, which shows that you’re "essential" and explains the urgent reason for a work permit
• proof that you have enough money
• your offer of employment number (this number is generated after you submit your offer of employment online through the Employer Portal and can be found in the “Employment queue”) or your completed IMM 5802 and your payment receipt for the employer compliance fee
• your medical examination results, if needed
• a valid police certificate, if needed

4.2 Proof of funds

To be eligible for a work permit, you must have enough money to meet the low income cut off (LICO) for your family size for 52 weeks. Make sure that you clearly show that you meet the minimum amount listed in the LICO table below.

The funds must also be available and transferable, and not limited by debts or other obligations.

This is a list of what we accept as proof of funds:

• cash
• documents that show property or capital payable to you, such as
  • stocks
  • bonds
  • debentures
  • treasury bills
• documents that guarantee payment of a set amount of money, which are payable to you, such as
  • banker's drafts
  • cheques
  • travellers’ cheques
  • money orders

A. Disclosure of funds

If you’re physically bringing more than CAN $10,000 across the Canadian border, you must tell a Canadian official when you arrive. If you do not, you may be fined, and your funds could be taken away.

4.3 Apply online

To apply online, you must have access to a scanner or camera to create electronic copies of your documents for uploading and have a valid credit card for payment.

Determine your eligibility by answering some questions. To properly identify you as a future applicant under the SUV program, make sure that you answer the following questions exactly as shown below.

• Question: What would you like to do in Canada?
  • Answer: Work
• Question: How long are you planning to stay in Canada?
  • Answer: Temporarily - more than 6 months
• Question: Do you have a written offer from an employer in Canada?
  • Answer: Yes
• Question: What is the status of your job offer?
  • Answer: Temporary – at least one year
• Question: Do you plan to work in one of the following categories?
  • Answer: No
• Question: Do you have any caregiver experience or formal training within the last 3 years?
  • Answer: No experience.

Answer the remaining questions according to your personal situation.

Your results should state "Foreign Worker - International Mobility Program". It will also tell you if you need a visitor visa or eTA.

Click "Continue" to answer a few additional questions.

• Question: Do you have a valid work permit or study permit, and need a visa to return to Canada?
  • Answer: No
• Question: What type of work permit do you want to apply for?
  • Answer: A work permit with a Labour Market Impact Assessment exemption.

Answer a few more questions according to your personal situation.

• Question: There are fees associated with this application. Will you be paying your fees or are you fee exempt?
  • Answer: Yes, I will be paying my application fees.

Answer the remaining questions. If you need help with a question, click on the question mark icon for more information.

Once you are finished answering all the questions, you can review your answers and modify them if needed.

After you have verified that the information is accurate, click on "Continue" to get to your personal document checklist. This page gives you step-by-step instructions on how to submit your application online. It will also list the required application form(s), supporting documents and fees.

A. Applying from outside of Canada

When completing the Application for work permit made outside of Canada form (IMM 1295) (PDF, 465.84KB), under "Details of Intended Work in Canada" fill in the information as follows:

• Question 1a: What type of work permit are you applying for?
  • If you submitted an offer of employment in the Employer Portal, answer: Exemption from Labour Market Impact Assessment.
  • If you were authorized to use the IMM 5802 form, answer: Start-up Business Class.
• Question 2a: Name of Employer
  • Answer: Enter the name of the new business (if known), or your own name.
• Question 4: My occupation in Canada in will be:
  • Job title: Start-up Visa Entrepreneur.
  • Brief description of duties: Your duties should be the work that is essential and urgent for your business.
• Question 6: Labour Market Impact Assessment (LMIA) No. or Offer of Employment (LMIA Exempt) No.
  • If you submitted an offer of employment in the Employer Portal, answer: Enter the "A" number found under "Employment queue" in the Employer Portal.
  • If you were authorized to use the IMM 5802 form: This field will be greyed out. Leave this blank.

A. Applying from outside of Canada

When completing the Application for work permit made outside of Canada form (IMM 1295) (PDF, 465.84KB), under "Details of Intended Work in Canada" fill in the information as follows:

• Question 1a: What type of work permit are you applying for?
  • If you submitted an offer of employment in the Employer Portal, answer: Exemption from Labour Market Impact Assessment.
  • If you were authorized to use the IMM 5802 form, answer: Start-up Business Class.
• Question 2a: Name of Employer
  • Answer: Enter the name of the new business (if known), or your own name.
• Question 4: My occupation in Canada in will be:
  • Job title: Start-up Visa Entrepreneur.
  • Brief description of duties: Your duties should be the work that is essential and urgent for your business.
• Question 6: Labour Market Impact Assessment (LMIA) No. or Offer of Employment (LMIA Exempt) No.
  • If you submitted an offer of employment in the Employer Portal, answer: Enter the "A" number found under "Employment queue" in the Employer Portal.
  • If you were authorized to use the IMM 5802 form: This field will be greyed out. Leave this blank.

B. Applying from inside Canada

If you’re eligible to apply from inside Canada, you must complete the Application to Change Conditions, Extend Your Stay or Remain in Canada as a Worker.

When completing the application form (IMM 5710) (PDF, 484.21KB), under "Details of Intended Work in Canada" fill in the information as follows:

• Question 1a: What type of work permit are you applying for?
  • Answer: Exemption from Labour Market Impact Assessment
• Question 2a: Name of Employer
  • Answer: Enter the name of the new business (if known), or your own name
• Question 4: My occupation in Canada in will be:
  • Job title: Start-up Visa Entrepreneur
  • Brief description of duties: Your duties should be the work that is essential and urgent for your business.
• Question 6: Labour Market Impact Assessment (LMIA) No. or Offer of Employment (LMIA Exempt) No.
  • If you submitted an offer of employment in the Employer Portal answer: Enter the number found under "Employment queue" in the Employer Portal or
  • If you were authorized to use the IMM 5802 form: This field will be greyed out. Leave this blank

4.4 Work permit conditions and extensions

Your work permit allows you to work as an entrepreneur in the development of your business, as indicated on your Commitment Certificate. It is not an open work permit.

Your work permit will only be valid for one year to allow you to begin working in Canada while your application for permanent residence (APR) is being processed. Most APRs will be processed within a year. However, if you need an extension, it will be considered on a case-by-case basis through the normal extension process. For any extension under this program to be considered, an APR must be in process.

5.0 Eligibility requirements for family members coming with you

If you apply for a work permit, you may be able to bring your spouse or common-law partner and your dependent children with you to Canada if they meet the requirements for temporary residence.

5.1 Spouse or common-law

If your spouse or common-law partner wants to work while in Canada, they may apply for an open work permit as the spouse or common-law partner of a high skilled worker.

5.2 Dependent children

If your dependent children want to study or work while in Canada, they must apply for a study or work permit.

Each family member must fill out a separate application form depending on if they need a:

• visitor visa or eTA
• work permit
• study permit

You can submit all applications for spouses and dependent children together with your work permit application.