As of January 1, 2026, Canada’s Start-Up Visa (SUV) Program was paused, however, pending applications will continue to be processed. These pending applications are currently facing significant processing delays. With over 46,000 applications in the queue, many applicants are navigating extended timelines and uncertainty around when their files will be finalized.
Updated Priority Processing Framework
To manage inventory, Immigration, Refugees and Citizenship Canada (IRCC) has clarified how SUV applications are prioritized through updated Ministerial Instructions.
In simplified terms, applications are processed in three tiers:
- Tier 1 (highest priority): Applicants with at least one member of the entrepreneurial team holding a valid SUV-specific work permit and with a Letter of Support from a designated venture capital fund (who commits a $200,000 investment), angel investor group (who commits a $75,000 investment), or qualifying incubator (including certain Canada’s Tech Network members or those committing $75,000).
- Tier 2: Applicants who meet the investment/Letter of Support criteria but do not have a member of their entrepreneurial team who holds the SUV-specific work permit.
- Tier 3: Applicants who do not meet the investment/Letter of Support criteria.
IRCC processes applications in this order of their tier, on a first in, first out basis.
Federal Court Confirms IRCC’s Approach
In a recent decision, the Federal Court denied an applicant seeking a writ of mandamus (a court order compelling IRCC to make a decision) on his pending SUV application. This application had been pending since March 2021. His application fell into in the lowest priority tier.
The Court upheld IRCC’s priority instructions and found that IRCC is entitled to prioritize applications to manage its backlog. The Court also found that delays are not unreasonable where a structured and consistently applied system is in place. This decision sends a clear message: priority status is now a determinative factor not just in processing speed, but also in legal remedies available to applicants.
SUV Eligibility
IRCC has signaled tighter scrutiny evaluating SUV applications. Applicants should be mindful that this heightened scrutiny is ongoing. Part of the eligibility is to have a “qualifying business”. Under IRPR 98.06(1), a qualifying business requires:
- Active and ongoing management from within Canada; and
- That an essential part of operations occurs in Canada.
In practice, this means applicants must demonstrate continued involvement and real business progress while their application is pending.
What Should You Do?
- Tier 1 applicants: If your application has been significantly delayed, mandamus may be a viable option.
- Tier 2 and Tier 3 applicants: Focus on advancing your business—traction, operations, and active management will be critical at the final decision stage.
Final Thoughts
If you have an application currently pending under the SUV Program, rest assured that this is still a strong pathway to permanent residence. The current backlog and structured prioritization system means that a proactive strategy is required to put yourself in the best position to get a positive decision. Understanding your position and taking proactive steps to bolster your application can materially impact your outcome.
Need Help?
If you have a pending Start-Up Visa application and want to assess your options or strengthen your case, please contact us—our firm can help you navigate the process and position your application for success.
