Work Permit [R205(a) – C11]: Canadian Interests – Significant Benefit – Entrepreneurs/Self-Employed

The work permit will be issued under the authority of paragraph R205(a) and will be coded as follows:

• Employer name: foreign national’s name or business name as per the offer of employment
• Employment location: requesting province or territory as per the offer of employment (except Quebec)
• LMIA exemption code: C-11
• NOC: 8888
• Intended occupation: entrepreneur
• Case type: 52
• LMIA-exempt (offer of employment) number: required
• Employer Compliance fee: required
• Duration: the work permit is to be valid for two years

Note: The employer is subject to regulatory imposed conditions based on the information provided in the offer of employment. For further information, see International Mobility Program: Employer-specific work permits with Labour Market Impact Assessment exemptions.Quebec-destined entrepreneurs or self-employed persons issued a CSQ

A work permit may be issued to entrepreneurs and self-employed individuals destined to Quebec where a CSQ has been issued, but the foreign national is not yet a permanent resident or a temporary worker. While Quebec does not have a provincial or territorial nominee program, special consideration is applicable on the basis of the Canada-Quebec Accord.

Work permit processing instructions for GCMS for Quebec-destined entrepreneurs or self-employed persons issued a CSQ

To be eligible, a foreign national must

• have a valid CSQ as an entrepreneur or self-employed person;
• have a request from the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) requesting early entry;
• have received either
• an offer of employment number, or
• authorization by the IPG to submit the “Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802] (see Employer-specific work permits with Labour Market Impact Assessment exemptions for details);
• have paid the employer compliance fee (self-employed persons are considered their own employer and must therefore pay the employer compliance fee); and
• have submitted an application for a work permit.

The processing office will do the following:

• Confirm that the IPG has entered a “Client Note” on the “Client” screen of GCMS indicating that the employer has been authorized to use the IMM 5802 form for the specific foreign national. The IPG will have uploaded a copy of the IMM 5802 form under the “e-Documents” sub-tab of GCMS.
• Confirm that a copy of the completed “IMM 5802” form is included with the work permit application.
• Confirm that the CSQ is issued to a foreign national who is applying as an entrepreneur or self-employed person and that a request from the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) requesting early entry is included.
• Confirm that the receipt number for the employer compliance fee is valid or that the employer has indicated a fee exemption. This information is captured separately from the work permit processing fee information in the “Fees” view tab in GCMS.
• Review the information in the “Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)” form [IMM 5802].

Work permit issuance in GCMS

The work permit will be issued under the authority of paragraph R205(a) and will be coded as follows:

• Employer name: foreign national’s name or business name as per the offer of employment
• Employment location: Quebec
• Validation exemption code: C-11
• NOC: 8888
• Intended occupation: entrepreneur
• Case type: 52
• LMIA-exempt (offer of employment) number: required
• Employer compliance fee: required
• Duration: the work permit is to be valid for two years

Note: The employer is subject to regulatory imposed conditions based on the information provided in the offer of employment. For further information, see International Mobility Program: Employer-specific work permits with Labour Market Impact Assessment exemptions.

Duration

The initial work permit can be issued for a maximum period of two years. It is not necessary that the foreign national’s application for permanent residence be received by IRCC for the work permit to be issued.

Extensions

An extension beyond two years can be granted only if an application for permanent residence is being processed (regular extension requirements apply) or in exceptional circumstances. Examples of exceptional circumstances might be significant investment projects or applicants for whom a provincial nomination certificate is still pending. The province or territory must have provided a letter of continued support.

Regular extension requirements apply.

Additional documentation

If officers are not satisfied that the potential permanent residence applicant will be engaging in genuine business activities, they may request additional documentation. This can include the following:

• a business plan;
• a staffing plan;
• evidence of any measures taken to initiate the business plan (e.g., obtaining a business number, articles of incorporation);
• evidence of the financial ability to commence business in Canada and compensate employees;
• evidence of English or French language;
• evidence of sufficient funds to support themselves while in Canada.

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