The Start-up Visa program, which has now become permanent, as expected, is being updated and provided with new conditions right at the moment. In particular, recently published updates may affect the application process.

Operational Manuals for officers say now: in order to have a qualifying business, the applicant must meet the following criteria or intend to meet them upon receiving permanent residence:

1) the applicant provides active and ongoing management of the business from within Canada
2) an essential part of the business’s operations are conducted in Canada

Such operations include, but are not limited to:

– physical location
– facilities
– equipment
– inventory
– warehousing
– management information systems
– staff

3) the business is incorporated in Canada

Note: If the first 2 criteria in this list are not met upon application, the officer must be satisfied that the applicant truly intends to fulfil these upon receiving permanent residence.

Furthermore, in some cases, the business may be considered a qualifying business even if it is not yet incorporated; however, the applicant must intend to incorporate the business in Canada after they have been issued the permanent resident visa.

Obviously, the procedure for issuing permanent residence within the Start-up visa program will continue to be added by instructions and conditions and, in our opinion, hardly in the sense of facilitation of requirements.