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Are you considering immigrating to Canada but are concerned about the uncertainties of relocating your family to a new country under temporary status? Do you have business experience or an entrepreneurial spirit, and prefer not to be in the position of job hunting, but rather working on your business idea from day one?
The Startup Visa Program represents a great opportunity for individuals like you. It allows you to apply for your Canadian Permanent Residency (PR) from overseas, providing the peace of mind that, once approved, you and your family can settle in Canada permanently, without the pressure of having to secure employment to then navigate the complexities of another immigration process. This program not only facilitates your move to Canada but also supports your ambition to hit the ground running with your business venture from the very beginning.
Yet, not all journeys end in approval. Understanding previous cases, especially those that end up in refusals, it is a great exercise to extract valuable lessons to enhance your application strategy.
Today, we want to present and analyze actual stories of applications that were not successful, to help you gain some true insights.
This case involves applicants from Iran, led by Ms. Nazanin Ajili, who applied for permanent residence under the Start-up Visa program but faced refusal due to concerns over their commitment to genuinely engaging in business within Canada.
In detail, the visa officer refused the application primarily due to concerns that the applicants' commitment with the designated entity was primarily for the purpose of acquiring a status or privilege under the Act, rather than engaging in the intended business activity. The officer noted several specific concerns:
1: Lack of progress in the business venture, including late incorporation of the company and trademark registration.
2: Unclear business plan and product description, including unclear production costs and revenue generation plans.
3: Limited evidence of engagement with the Canadian market and lack of concrete proposals with local Canadian companies.
4: Inadequate development progress despite the passage of time.
The applicants felt that the decision made by IRCC was unjust and decided to pursue a Judicial Review of their case.
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At INGWE we are EXPERTS in the Canada Startup Visa. We will guide and support you throughout the endorsement letter or Letter of Support process and the entire immigration process including work visas and permanent residencies. Get a FREE email assessment, click here.
The judge conducted a thorough examination of the visa officer's decision-making process and the reasons for refusal, ultimately determining that the decision was justified and reasonable, considering both the outcome and the procedural approach. It was concluded that the evidence presented and the legal parameters provided ample grounds for the decision made.
Consequently, the application for judicial review was rejected, thereby upholding the visa officer's initial decision to deny the applicants' request for permanent residence.
1: Clarity in Business Plan: Ensure your business plan is comprehensive and clearly outlines the nature of your business, target market, revenue streams, and growth strategies. Ambiguity or lack of detail can raise doubts about the feasibility and seriousness of your venture.
2: Evidence of Genuine Progress: Provide tangible evidence of progress in your business venture, such as incorporation documents, patents, contracts with suppliers or clients, and evidence of market research or engagement. This helps demonstrate your commitment and the viability of your business.
3: Alignment with Program Requirements: Familiarize yourself with the specific requirements of the immigration program you're applying to, such as the Start-up Visa program in this case. Ensure that your business activities align with the program criteria and that you can clearly demonstrate your eligibility.
4: Proactive Communication: Respond promptly and comprehensively to any requests for additional information or clarification from immigration authorities. Proactively address any concerns raised by the officer to strengthen your case and show your commitment to compliance.
5: Engagement with Designated Entities: If your application involves commitments with designated entities, such as business incubators or investors, ensure that these arrangements are genuine and geared towards advancing your business objectives. Avoid any perception that these commitments are primarily for immigration purposes.
6: Evidence of Market Engagement in Canada: Provide evidence of your efforts to engage with the Canadian market, such as partnerships with Canadian businesses, market research conducted in Canada, or expressions of interest from potential Canadian clients or collaborators. This demonstrates your readiness to integrate into the Canadian business landscape.
7: Transparency and Honesty: Be transparent and honest in your application materials and communications with immigration authorities. Misrepresentation or withholding relevant information can lead to refusal and may have long-term consequences for your immigration prospects.
At INGWE we are EXPERTS in the Canada Startup Visa. We will guide and support you throughout the endorsement letter or Letter of Support process and the entire immigration process including work visas and permanent residencies. Get a FREE email assessment, click here.
Let's examine the reasons for denial faced by another applicant for a permanent resident visa under the Start-Up Business Class program.
This Vietnamese national was refused by the officer for:.
1: Changing their Business Venture. The officer noted that there was a significant change in the direction of the applicant's business venture. Initially, the applicant's business was focused on a cloud-based software connecting exporters and importers. However, the officer observed that the applicant proposed to develop a different approach for food and drink product manufacturers and suppliers. This change may have raised doubts about the continuity and progress of the business.
2: Lack of Evidence: The officer also found that the applicant had not provided sufficient evidence to demonstrate significant progress in the last year. The officer mentioned that the applicant had not provided documentary evidence to support claims of success or progress, nor had the applicant provided evidence of continued involvement and support in the new direction of the business.
3: Educational and Entrepreneurial Background: The officer also noted that the applicant was pursuing a Bachelor's degree in road bridge construction while working for a construction company, and had not declared any previous entrepreneurial experience. This lack of relevant background or experience may have contributed to the officer's skepticism regarding the applicant's ability to succeed in the new business venture.
This case was also submitted for Judicial Review after the refusal, however, in this opportunity the judge ordered the matter to be remitted for redetermination by another officer, emphasizing the importance of procedural fairness in administrative decisions.
Now that the applicant has a second chance, what could they do in order to obtain a positive decision?
4: Consistency: Ensure that your business venture remains consistent with the original proposal submitted with your visa application. Any significant changes in the direction or nature of the business may raise concerns for the visa officer.
5: Document Progress: Provide comprehensive and clear documentation to demonstrate the progress of your business venture. This may include financial records, market research, customer feedback, and any other relevant evidence of growth and development.
6: Demonstrate Continuous Involvement: If you have a partnership or agreement with a designated business incubator or investor group, ensure that you can provide evidence of their continued involvement and support in your business venture, especially if there are any changes or updates.
7: Highlight Relevant Experience: Emphasize any relevant educational background, work experience, or entrepreneurial achievements that demonstrate your capability to succeed in your business venture. Address any gaps or discrepancies in your qualifications proactively.
7: Address Officer's Concerns: Take the officer's concerns seriously and address them comprehensively in your response. Provide explanations and additional evidence to clarify any misunderstandings or doubts raised by the officer.
Finally, consider seeking advice from immigration experts or legal professionals experienced in visa applications. They can provide valuable insights and guidance on how to present your case effectively and navigate the application process successfully.
At INGWE we are EXPERTS in the Canada Startup Visa. We will guide and support you throughout the endorsement letter or Letter of Support process and the entire immigration process including work visas and permanent residencies. Get a FREE email assessment, click here.
If you’re thinking about immigrating whether permanently or temporarily - you’re at the right place! Our team speaks over +9 languages, and we help applicants from over 50 different countries during their immigration process. Get a FREE email assessment, click here.
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