British Columbia - PNP

BC PNP is a partnership between the provincial and federal government. British Columbia nominates immigrants to meet the province’s economic and labour market needs.

 BC PNP CATEGORIES

 Business categories include:
·        Regional Business
·        Projects - Business Skills
 

Strategic occupations include:
·        Health Care Professionals
·        Skilled Workers
·        International Students
 

Regional Business Category
The British Columbia Provincial Nominee Program was designed to provide British Columbia with a mechanism for increasing economic benefits of immigration to the province. It is a means by which British Columbia may nominate candidates for immigration that are considered most likely to contribute to the economic development and growth of the province and to successfully establish themselves in the Province.

The Regional Business category is intended to assist people from outside Canada, with proven skills and financial resources, to rapidly implement plans for business establishment or expansion contributing to the regional development of British Columbia.

A number of organizations, such as Economic Development Commissions, Chambers of Commerce and Community Futures Development Corporations have a mandate to attract business activity in the various regions of British Columbia. They are good sources of information and applicants are encouraged to contact them to discuss their business plans.

For the British Columbia Provincial Nominee Program, priority sectors include high tech, manufacturing/processing, tourism and agriculture/aquaculture. However, we also look at businesses in other sectors based on their merits. All business proposals put forth should add economic value and not be simply transactional in nature.

The qualifying criteria are:

·        Proposed business must be located outside Greater Vancouver Area (see next column for definition)

·        Minimum net worth: CAD$ 600,000

·        Minimum investment: CAD$ 300,000, excluding real estate component.

·        Applicant must have minimum 50% equity

·        Business must create a minimum of 2 new jobs (excluding self and family members)

·        Applicant must have an active management role

The Greater Vancouver Area includes: Burnaby, Coquitlam, Delta, Langley City, Langley District Municipality, Maple Ridge, New Westminster, North Vancouver, Pitt Meadows, Port Coquitlam, Port Moody, Richmond, Surrey, Vancouver, West Vancouver and White Rock.

THE APPLICATION PROCESS

·        Applicant submits a Preliminary Information Form: business background and proposed business summary including proposed new investment or expansion and staff requirements.

·        If it appears likely that the applicant meets program requirements, the applicant will be invited to submit a formal application.

·        The applicant may also be invited to conduct an exploratory visit to British Columbia.

·        Applicant submits formal application and payment of processing fees.

·        PNP staff reviews the application and conducts a formal interview of the applicant or company official in Vancouver.

·        Selection Committee reviews and makes decision on case.

·        A satisfactory Performance Agreement with specific investment activities and timeframes is signed.

·        British Columbia issued letter of support for applicant’s work permit application to appropriate Canadian Visa Office.

·        Applicant and dependents apply for 2-year visas leading to Work or Study Permits.

·        Applicant implements investment plan according to Performance Agreement. PNP staff monitors progress.

·        When conditions on Performance Agreement are met, the British Columbia Government nominates the applicant and their dependants for permanent residence.

·        Applicant applies for permanent residence. The Government of Canada issues immigrant visas after medical, criminality and security requirements are met.

 Applicants are advised to retain full control of their investment capital at all times and proceed to investment only after receiving their Work Permit.

BUSINESS CATEGORY – Project
The Projects category is designed to assist local or foreign companies with the timely entry of skilled, key managers and technical professionals essential to the success of a business expected to generate significant economic benefits to British Columbia.

Meeting minimum selection criteria does not guarantee approval.

Program targets and process capacity lead to a focus on the candidates best able to bring economic benefits to the Province.

The nomination process is linked to business performance.

Provincial Nominee candidate receive expedited temporary work permits and can promptly settle in British Columbia with their dependants. After conditions on the Performance Agreement are met, candidates will be confirmed as Provincial Nominees and their immigration process (permanent resident status) will be expedited.

Business Skills Category
The Business Skills category is intended to assist people from outside Canada, with proven skills and financial resources, to rapidly implement plans for business establishment or expansion expected to generate significant economic benefits to British Columbia.

This program is administered by the Ministry of Competition, Science and Enterprise of British Columbia. Individuals approved as provincial nominees can quickly become permanent residents of Canada.

Applications for the Business Skills category of the BC PNP will be accepted only for significant investments by eligible persons. The qualifying criteria are:

·        Successful business experience

·        Minimum net worth: CAD$ 2 million

·        Minimum investment: CAD$ 1 million

·        Minimum 1/3 equity

·        Comprehensive business plan 5 new jobs

·        Active management role.

The Canadian Government is committed to processing nominees applications as quickly as possible.

THE APPLICATION PROCESS

Step 1: Preliminary Information Review
Business people considering making an application under the Business Skills category of the BC PNP may request a preliminary review of information on their business background and proposed business undertaking.

The preliminary Information Form requests brief information on personal and business background, personal net worth, business proposal and current immigration status. No supporting documentation is required.

To check whether they are likely to meet those requirements, business people are encouraged to complete the Preliminary Information Form for the Business Skills category and submit it to the address indicated on the form.

An Investment Advisor for the BC Provincial Nominee Program will review the preliminary information. If it appears that the program requirements can be met and the business proposal is of interest to the province, the applicant will be contacted and provided with a formal application.

There is no fee for the preliminary information review as it is conducted to save time and expenses for the applicant. An invitation to proceed to formal application does not guarantee acceptance. If the applicant proceeds with the formal application, a provincial processing fee will apply.

Step 2: Addressing Program Requirements
The formal application process for the Business Skills category begins with the applicant demonstrating the extent to which the application meets program requirements. In this initial step the applicant must:

a)     complete appropriate provincial and federal forms and submit these along with the provincial processing fee;

b)     provide documentation to demonstrate that he/she meets eligibility requirements;

c)      prepare a comprehensive business proposal meeting program requirements.

2a: Submitting Appropriate Forms and Fees

Applicants submit the following completed provincial forms:

·        The BC Nominee Information Form requests information needed for research, monitoring, and evaluation.

·        BC’s Information Release Form authorizes the governments of British Columbia and Canada to exchange information and obtains agreement to participate in a subsequent evaluation.

Complete copies of two federal forms must also be submitted to the Provincial Nominee Program to provide information needed for the nomination process. If the application is accepted, and nomination proceeds, the applicant will then send these forms to federal immigration officials. The required federal forms include:

·        Application for and Employment Authorization

·        Application for Permanent Residence in Canada (and the Additional Family Information form, if dependents are also applying).

Where a third party acts on the applicant’s behalf, a signed letter authorizing release of information to third parties must be submitted.

The submission must be accompanied by full payment of a CAD$ 3,000 provincial processing fee. This non-refundable fee covers the principal applicant and his/her dependents.

2b: Demonstrating Applicant Eligibility

 Applicants must demonstrate that they meet Business Skills eligibility requirements, which include business skills, resources and experience. Applicants must demonstrate that they:

 ·                    Have extensive, successful experience as business owners in a type of business which is relevant to the proposed undertaking;

·                    Have a personal net worth of at least CAD$ 2 million;

·                    Have a financial resources to invest a minimum of CAD$ 1 million (at least one third of equity) for the proposed business in British Columbia;

·                    Have the intention of assuming and active role in the business.

Applicants must submit detailed information on the business they currently own and personal net worth statement. In some cases, applicants may be requested to use an organization meeting criteria established by British Columbia to prepare these documents which should address the applicant’s ability to satisfy program requirements.

2c: Meeting business Proposal Requirements

Applicants must demonstrate that they have a credible proposal for a business undertaking which will contribute significantly to British Columbia’s economy. The proposed business must:

·                    Be consistent with the province’s current economic objects;

·                    Require the applicant to invest at least CAD$ 1 million; and

·                    Result in at least five incremental full time jobs in British Columbia for Canadian residents (other than applicant and family members).

Applicants must submit a formal, detailed business plan with supporting documentation on the nature and viability of the proposed business, including:

·                    Description of proposed business, including information on management background, products/services, customers, suppliers, competition, marketing and operation details;

·                    Amount and source of investment required for the business;

·                    Financial projects for three to five years after start-up;

·                    Human resource staffing plan and organizational chart for the British Columbia business project, including management structure and number of full time jobs for Canadian residents;

·                    Transition plan with time lines for planning, implementation and operation phases.

Applicants must submit a proposed Performance Agreement which identifies specific steps which the applicant will take to implement the business proposal, with time frames for completing those steps.

Step 3: Assessing the Application

The principal applicant must attend an in-person meeting at designated provincial government offices in Vancouver. The applicant’s spouse and a certified interpreter also may attend. The principal applicant and his/her spouse will be required to present proper identification at the interview. The meeting is: 

• To discuss the proposal in greater detail, clarifying uncertain aspects.

• To assess the applicant’s ability and knowledge of business conditions, as they relate to the proposal.

If the application does not satisfy program requirements, the applicant will receive a letter of rejection. As there are a limited number of provincial nominees allocated each year, British Columbia will select the applicants who best meet the objectives of the program. All decisions on applications are final. Applicants who are not selected are encouraged to apply directly to Canada’s Business Immigration Program for entrepreneurs, investors and self-employed.

Step 4: Establishing Performance Expectations

If the assessment is positive, the province works with the applicant to establish appropriate steps the applicant is required to take toward implementation of the business proposal in order to attain provincial nomination. These expectations will be embodied in a formal Performance Agreement, which is specific to each applicant and his/her business proposal. While the details will vary, a Performance Agreement will include provisions:

·        Identifying investment amounts and timelines;

·        To facilitate monitoring of compliance with performance conditions;

·        Specify the number and type of full-time positions to be created for Canadian residents;

·        Identifying implementation steps (e.g. purchase/lease of buildings, land, equipment; obtaining permits, etc.);

·        Stipulating the time frame within which the above requirements are to be completed, with identified interim milestones.

When a satisfactory Performance Agreement has been agreed on and signed, the applicant is accepted as a Provincial Nominee Candidate, and will be confirmed as a Provincial Nominee when the provisions of the Performance Agreement have been satisfied.

Step 5: Rapid Entry Process

If the principal applicant wants immediate entry into Canada to facilitate rapid implementation of the business proposal, the province of British Columbia and Immigration Canada to arrange for a temporary employment authorization. This will allow the businessperson to enter and work in Canada, and his/her dependents to enter Canada and attend school in British Columbia.

Spouses of principal applicants are also eligible for an open employment authorization, allowing them to work in Canada prior to obtaining permanent resident status.

The steps required to arrange for temporary employment authorizations are:

·        The principal applicant (and spouse) submit the federal Application for Employment Authorization (IMM1295), along with the BC PNP Candidate letter to the nearest Visa Office;

·        The visa office reviews the application and advises requirements for medical examinations;

·        When medical examination requirements have been satisfied, the Visa Office issues the temporary employment authorizations, allowing the applicant (and dependents) to land in British Columbia with temporary residence status for up to 24 months.

Step 6: Compliance with Performance Agreement

The applicant must agree to provide access to contact information, relevant documentation and other appropriate sources to enable the province to monitor compliance with the Performance Agreement. Regular monitoring will be initiated by the province, and may include:

·        Meeting with the applicant to review implementation progress;

·        Examination of supporting documentation;

·        Site visits to offices, production/sales facilities, etc.

Compliance monitoring provides the basis for determining whether the applicant will be confirmed as a Provincial Nominee. Applicants who satisfy expectations identified in the Performance Agreement will be confirmed as Provincial Nominees.

However, if performance expectations are not satisfied, the applicant (with spouse/dependents) will be required to leave Canada.

Step 7: Nomination Certification and Permanent Residence Processing

When the province of British Columbia determines that the applicant has satisfied performance expectations, it proceeds to nomination.

In some cases, applicants may be eligible for priority nomination processing. For example, if at the time of application, the applicant has already established operations in British Columbia, and has satisfied requirements which would form part of the Performance Agreement, the province may choose to proceed directly to nomination without arranging for temporary employment.

In either case, applicants who satisfy performance expectations are confirmed as Provincial Nominees and are eligible for expedited permanent residence processing.

The province of British Columbia provides the applicant with ad Confirmation of Acceptance, and sends to the appropriate Visa Office a BC Nomination Certificate for the principal applicant (and dependents). The Nomination Certificate is valid for 180 days, within which the businessperson may apply to Citizenship and Immigration Canada (CIC) for permanent resident status in the Provincial Nominee class.

CIC has final approval authority and must ensure that all federal legislative requirements are met, including medical, criminality and security checks.

The permanent residence application process for Provincial Nominees is as follows:

·        The Provincial Nominee submits the CIC Application for Permanent Residence and the BC Confirmation of Acceptance to the appropriate Visa Office.

·        The Visa Office reviews the application for permanent residence and advises regarding requirements for medical, criminality and security checks.

·        The Nominee (and dependents) comply with requirements for medical examinations, criminality and security checks.

·        The Visa Office finalizes the process and advises both, the Provincial Nominee and the province of British Columbia. When the decision is positive, a Permanent Residence visa is issued to the Nominee (and dependents).

·        With priority processing, you may anticipate this step to take 2-4 months for completion.

British Columbia may withdraw the Certificate of Nomination at any time prior to issuance of the permanent resident visa if the Provincial Nominee or any dependent is deemed inadmissible as a result of medical, criminality or security checks, or if the province is advised that the application includes false or misleading information.

Nomination under the BC PNP is at the sole discretion of the Provincial Government and there is no appeal process.