Provincial Business Candidate Work Permit

Overview of the Provincial Business Candidate Work Permit

The Business Candidate Work Permit is designed for entrepreneurs who plan to operate a business within a Canadian province with the ultimate goal of obtaining permanent resident status through nomination by that province. This type of work permit may be issued to a candidate for an initial period of two years, allowing them to demonstrate that all conditions for establishing a business are met prior to receiving a provincial nomination. To qualify for a Business Candidate Work Permit, an applicant must have initiated the business immigration process and secured a letter of support for work permit issuance from the province. Meeting these criteria provides an exemption from the Labour Market Impact Assessment typically required, under exemption code C60.

Basic Requirements of the Business Candidate Work Permit

To be eligible for a Provincial Business Candidate Work Permit, applicants must meet the following key criteria:

• ‍Being a Business Candidate: The applicant must have initiated the business immigration process under one of the provincial programs and be in possession of a work permit support letter from that province.‍
• Significant Benefits: Applicants must provide evidence that their business will bring significant economic, social, or cultural benefits to Canadian citizens or permanent residents.‍
• Viability of the Business Plan: Evaluation is based on several factors, primarily the potential of the applicant's business to create benefits and its feasibility, considering the applicant's education, skills, experience, expertise, language proficiency, and financial resources.‍
• Temporary Entry: While candidates ultimately aim to obtain permanent resident status in Canada through business immigration, there is no guarantee at the work permit application stage that all conditions for business establishment will be met. Therefore, applicants must apply for a work permit to implement their plan and demonstrate their willingness to leave Canada if they do not achieve permanent resident status.

Application for a Business Candidate Work Permit: Documents, Process, and Timeline

Documents Required for the Provincial Business Candidate Work Permit Application:

• Completed and signed application forms for an LMIA-exempt work permit.
• An online offer of employment submitted via the Employer Portal.
• A signed agreement with the applicable province.
• A work permit support letter from the applicable province.
• A comprehensive Business Plan.
• Evidence of preparatory work undertaken in relation to the business and that the business will create significant benefits to Canadian citizens or permanent residents.
• Supporting documentation verifying the applicant's necessary education, experience, expertise, financial resources, and language proficiency to implement the plan.
• Evidence of the applicant's temporary intention to work in Canada with the purpose of meeting conditions on which they may be nominated.

Please note this is not a comprehensive list of supporting documents for a Provincial Business Candidate Work Permit application but serves as a foundational guide.

The Application Process

The application process for a Provincial Business Candidate Work Permit varies depending on the nationality and visa requirements of the applicant’s country of residence. Temporary foreign workers from visa-exempt countries can apply for the permit directly at the port of entry (POE). All other applicants should submit their applications online. For example, business candidates from the USA may apply at the POE. To strengthen their case and potentially reduce waiting time, a temporary foreign worker can request an opinion from the International Mobility Program Unit (IMWU) to determine if an LMIA (Labour Market Impact Assessment) exemption is applicable to their situation. While this request does not guarantee permit issuance, the opinion from the IMWU may be taken into consideration by the border services officer, which could expedite the process.

Applications for individuals intending to work for their own business are eligible for a 2-week processing time under the Global Skills Strategy, provided the job is classified under the Training, Education, Experience, and Responsibilities (TEER) categories 0 or 1 of the National Occupational Classification (NOC) system, and the applicant is applying from outside of Canada. If these conditions are not met, standard processing times will apply, which may vary depending on the applicant’s country of origin.

Duration of the Provincial Business Candidate Work Permit

The work permit for business candidates is generally issued for a period of up to two years or three years if the business is located in Quebec. Extensions can be justified and granted in exceptional cases, particularly if an application for permanent residence is already in process, or under exceptional circumstances such as significant investment projects, or for applicants whose provincial nomination certificate is pending for reasons beyond their control. In such instances, providing a letter of continued support from the applicable province would be required.

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