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Work permit for business owners seeking only temporary residence

IRCC has a work permit category for business owners who want to come to Canada only temporarily to start or run their own business, where the work will bring significant economic, social or cultural benefit to Canadians or permanent residents (canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/entrepreneurs-self-employed-seeking-only-temp-residence-r205-c11.html). It is a temporary permit, so you must show that you plan to leave.

Watch: The C11 business-owner work permit explained

C11 Business Permits, Job Offers and Express Entry: Canadian Immigration Q&A
Read the transcript: C11 Business Permits, Job Offers and Express Entry: Canadian Immigration Q&A

Anna, CIVS News: Welcome. Today: business permits, finding work in Canada, and getting the most out of Express Entry. With me is Regulated Canadian Immigration Consultant Sean G McKinsley.

Anna, CIVS News: Sean, is the C11 Entrepreneur Work Permit a fast track to permanent residence?

Sean G McKinsley (digital avatar): It's a way to launch or run a business in Canada, but it isn't a permanent residence program. A C11 is an LMIA-exempt work permit under paragraph 205(a) of the Immigration and Refugee Protection Regulations, based on significant benefit to Canada, and it is temporary and short-term. Here is the catch: self-employed work in Canada doesn't count toward the Canadian Experience Class in Express Entry. So if permanent residence is the goal, the Team of Sean G McKinsley and Kimberly J White plans the next stage before you file. For many owners that means a provincial entrepreneur stream such as the Alberta Advantage Immigration Program. Nothing is guaranteed, and every stream has its own requirements.

Anna, CIVS News: When an officer reviews a C11 application, what do they look at first?

Sean G McKinsley (digital avatar): Three things. First, ownership and control: guidance generally looks for at least 50 percent ownership of the Canadian business. Second, money in two separate buckets: funds to support yourself and your family in Canada, and separate funds committed to the business. Third, significant benefit. A generic market study won't do it. Officers look for concrete steps such as leases, contracts, a staffing plan, Canadian job creation, regional development or innovation, all backed by clear source-of-funds evidence.

Anna, CIVS News: If a founder doesn't live in Canada yet, how do they incorporate without a local director?

Sean G McKinsley (digital avatar): Jurisdiction matters. Under the Canada Business Corporations Act, generally at least 25 percent of directors must be resident Canadians, and if there are fewer than four directors, at least one must be. Alberta doesn't require resident Canadian directors. You do need a registered office in Alberta and an agent for service located in Alberta. Incorporating alone doesn't give you permission to work in Canada. In our C11 Canadian Business Package (Assess, Build, Launch), we confirm the immigration pathway first and coordinate with independent corporate counsel, who handle the incorporation and bill you directly.

Sean G McKinsley (digital avatar): Before we move on to jobs, a quick note. You are watching the digital avatar of Sean G McKinsley. Sean and Kimberly are actively processing client files and personally read and review all viewer and client communications.

Anna, CIVS News: Skilled workers abroad apply to hundreds of Canadian postings and hear nothing. Why?

Sean G McKinsley (digital avatar): Because many employers ask one question first: are you already authorized to work in Canada, or will hiring you need a Labour Market Impact Assessment? To be clear, Kimberly J White and I never sell jobs or job offers, and no one can guarantee you employment. What works better than mass applications is targeting: sectors and TEER levels with real demand, and regions such as smaller Alberta communities where employers have documented shortages.

Anna, CIVS News: How can a candidate make it easier for an employer to say yes?

Sean G McKinsley (digital avatar): Know which work permit route you may qualify for before the interview. Many employers assume every foreign hire needs an LMIA. Some candidates may qualify for LMIA-exempt routes under the International Mobility Program, for example a trade-agreement professional permit, or Francophone Mobility (C16) for French speakers with a job offer outside Quebec. Eligibility depends on your situation. Our 1,500 dollar Canadian Eligibility and Pathway Assessment, payable as invoiced, identifies the routes that fit you so you can give an employer a clear roadmap.

Anna, CIVS News: There's a lot of talk about buying job offers. What's the rule?

Sean G McKinsley (digital avatar): Don't do it. Employers aren't allowed to charge you for a job offer or recover the LMIA fee from you. Buying a job offer is fraud, and submitting false documents can lead to a finding of misrepresentation and a five-year ban under the Immigration and Refugee Protection Act. Put your money into real readiness instead: your Educational Credential Assessment, language tests and a verified eligibility plan.

Anna, CIVS News: If a CRS score is in the mid-400s, is Express Entry out of reach?

Sean G McKinsley (digital avatar): Not necessarily. Alongside general draws, IRCC runs category-based draws. Current categories include French-language proficiency, healthcare and social services, STEM, trades, education, transport, and physicians with Canadian work experience. Cut-off scores in category draws can differ from general draws, and Express Entry-linked provincial nominations are another route. Don't sit in the pool passively. Make sure your NOC codes and every qualifying month of experience are captured accurately.

Anna, CIVS News: What two moves can a candidate actually control?

Sean G McKinsley (digital avatar): One: provincial nomination outside Quebec, for example through the Alberta Advantage Immigration Program. A nomination linked to Express Entry adds 600 CRS points, which puts you in a much stronger position for an invitation in a future draw, though it's never guaranteed. Two: language. Reaching CLB 7, and then CLB 9, in all four abilities of your first official language unlocks skill-transferability points with education and foreign work experience, and strong French can add extra points. We calculate which lever pays off before you spend a year on the wrong one.

Anna, CIVS News: After an invitation, why do strong files get refused, and how can viewers work with you?

Sean G McKinsley (digital avatar): The profile is self-declared. The application after your invitation must prove it. A common refusal reason is reference letters that don't match the duties of the claimed NOC, or self-employment counted as Canadian Experience Class work. That's why we start with a two-minute Scope and Readiness Pre-Check and the 1,500 dollar Canadian Eligibility and Pathway Assessment, payable as invoiced. Within five business days of receiving your completed questionnaire, the Team of Sean G McKinsley and Kimberly J White delivers a written plan across Express Entry, provincial nominee streams outside Quebec, C11 and Francophone Mobility work permits, Family Sponsorship, Citizenship, and Humanitarian and Compassionate applications. IRCC makes every decision, and no outcome is guaranteed. Visit mckinsley-white.ca to start.

Anna, CIVS News: Thanks, Sean.

Is the C11 Work Permit a Path to Permanent Residence?
Read the transcript: Is the C11 Work Permit a Path to Permanent Residence?

Anna, CIVS News: Sean, is the C11 Entrepreneur Work Permit a fast track to permanent residence?

Sean G McKinsley (digital avatar): It's a way to launch or run a business in Canada, but it isn't a permanent residence program. A C11 is an LMIA-exempt work permit under paragraph 205(a) of the Immigration and Refugee Protection Regulations, based on significant benefit to Canada, and it is temporary and short-term. Here is the catch: self-employed work in Canada doesn't count toward the Canadian Experience Class in Express Entry. So if permanent residence is the goal, the Team of Sean G McKinsley and Kimberly J White plans the next stage before you file. For many owners that means a provincial entrepreneur stream such as the Alberta Advantage Immigration Program. Nothing is guaranteed, and every stream has its own requirements.

What Officers Look at First in a C11 Application
Read the transcript: What Officers Look at First in a C11 Application

Anna, CIVS News: When an officer reviews a C11 application, what do they look at first?

Sean G McKinsley (digital avatar): Three things. First, ownership and control: guidance generally looks for at least 50 percent ownership of the Canadian business. Second, money in two separate buckets: funds to support yourself and your family in Canada, and separate funds committed to the business. Third, significant benefit. A generic market study won't do it. Officers look for concrete steps such as leases, contracts, a staffing plan, Canadian job creation, regional development or innovation, all backed by clear source-of-funds evidence.

Incorporating in Canada Without a Local Director
Read the transcript: Incorporating in Canada Without a Local Director

Anna, CIVS News: If a founder doesn't live in Canada yet, how do they incorporate without a local director?

Sean G McKinsley (digital avatar): Jurisdiction matters. Under the Canada Business Corporations Act, generally at least 25 percent of directors must be resident Canadians, and if there are fewer than four directors, at least one must be. Alberta doesn't require resident Canadian directors. You do need a registered office in Alberta and an agent for service located in Alberta. Incorporating alone doesn't give you permission to work in Canada. In our C11 Canadian Business Package (Assess, Build, Launch), we confirm the immigration pathway first and coordinate with independent corporate counsel, who handle the incorporation and bill you directly.

What the official requirements say

OFFICIAL GOVERNMENT OF CANADA, PROVINCIAL AND/OR TERRITORIAL REQUIREMENTS · Immigration, Refugees and Citizenship Canada

  • The work must be temporary or seasonal, and you must have plans to leave Canada within a specified period (canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/entrepreneurs-self-employed-seeking-only-temp-residence-r205-c11.html).
  • You must control at least 51% of the business (canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/entrepreneurs-self-employed-seeking-only-temp-residence-r205-c11.html).
  • You need support funds for yourself and any family members equal to the low-income cut-off (LICO) for your family size for at least 18 months, or for your stay if shorter, plus separate business funds (canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/entrepreneurs-self-employed-seeking-only-temp-residence-r205-c11.html).
  • The period of work would normally not exceed 18 months; a longer period needs a definite plan to transition out of running the business (canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/entrepreneurs-self-employed-seeking-only-temp-residence-r205-c11.html).
  • You submit an offer of employment for yourself through IRCC’s Employer Portal, pay the employer compliance fee, and include a business plan and evidence of the benefit (canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/entrepreneurs-self-employed-seeking-only-temp-residence-r205-c11.html).

Professional fees

Professional fees from $12,000 CAD + GST. Government fees are separate.

FAQ

How long is the permit?

IRCC says the period of work would normally not exceed 18 months (canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/entrepreneurs-self-employed-seeking-only-temp-residence-r205-c11.html).

Can I own less than half the business?

Not under this category. With less than 51%, IRCC says you would apply as an employee instead (canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/entrepreneurs-self-employed-seeking-only-temp-residence-r205-c11.html).

Who you’ll work with

Sean G McKinsley, RCIC, CICC R529731, and Kimberly J White, RCIC, CICC R712483, are co-counsel and may both work on your matter. Sean G McKinsley, RCIC, conducts your first video consultation.

The consultation fee is CAD $250 plus applicable GST, and payment must be made before the video consultation.

Find out whether a temporary business-owner work permit fits your plans.

No outcome is guaranteed. IRCC decides every work permit application.