Beginning February 1, 2012, Citizenship and Immigration (CIC) will no longer actively monitor the terms and conditions for entrepreneur class permanent residents. The announcement follows CIC’s decision earlier this year to place a moratorium on all new applications in the entrepreneur class.
Under section 98(1) of the Immigration and Refugee Protection Regulations (IRPR), an entrepreneur who becomes a permanent resident must meet the following conditions:
(a) control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent;
(b) provide active and ongoing management of the qualifying Canadian business; and
(c) create at least one incremental full-time job equivalent in the qualifying Canadian business for Canadian citizens or permanent residents, other than the entrepreneur and their family members.
CIC’s new processing instructions for entrepreneurs provide that, as of December 1, 2011, immigration officials are to counsel approved entrepreneur class applicants to meet the above conditions but that evidence of compliance, including applications to remove entrepreneur conditions, will only be required if requested by a CIC official. The instructions further provide that:
- Inland officers should conclude as many active investigations of entrepreneur class permanent residents by January 31, 2012 as possible, focusing efforts on cases where the officer believes the entrepreneur is inadmissible under the Immigration and Refugee Protection Act and there are no mitigating circumstances with respect to the failure of the entrepreneur to satisfy the IRPR terms and conditions.
- On February 1, 2012, CIC will end all active monitoring of terms and conditions for entrepreneurs.
- Citizenship officers should not delay applications for citizenship by entrepreneurs where there is no other information negatively impacting on the entrepreneur’s immigration status.
For further information on CIC’s new processing instructions for entrepreneurs, please contact the immigration law specialists at Green and Spiegel LLP.