Immigration and
Corporation Law

INVESTOR PROGRAM

NOTE: The Quebec Immigrant Investor Program has
been suspended from November 1, 2019 and until April
1, 2021.

The Quebec Immigrant Investor Program (QIIP) gives investors the right to be granted Canadian permanent residence by means of investing CAD $1.2 million without any risk through an accredited financial intermediary or by means of financing that investment.

A new period for submission of applications for this program began on September 10, 2018, and will last until March 15, 2019, the quota being 1,900 applications. Maximum 1,235 applications are planned to be accepted from China (also from
Macau and Hong Kong).

Applicants for to the Quebec Immigrant Investor Program are given points according to six parameters elaborated in order to select candidates to the Quebec Economic Class. One has to score at least 40 points to pass, also one must conform to the mandatory cut-off scores of 10 points and 25 points added for experience of management and financial investment.

Applicants for the Quebec Immigrant Investor Program are evaluated according to the list of parameters. Among them: the applicant and his/her family must reside in Quebec,
being from the apropriate occupation and with required level of education, experience in management, age, French or English language proficiency, and the Investment Agreement
must be signed. Maximum points applicants with or without a spouse or common-law partner can get is 94 points. 

Only five extra points are needed for candidates meeting minimum requirements concerning management experience and financial investment in order for them to score 40 passing points. 

Those points could be satisfied in case of meeting of only one of the following example requirements:

  • Technical diploma of a post-secondary school being the evidence of one OR two years of full-time education (evaluated as 6 points); and

  • An undergraduate university degree being the evidence of two years of full-time education (evaluated as 6 points)

After application has been reviewed, candidats under the Quebec investor program may be asked to pass a  selection interview.

Advantages of the Quebec Immigrant Investor Program

  • Risk-free Investment: The Quebec government is guaranting the CAD $1,200,000 investment and will return it in full scope after five years pass

  • Passive investment: After the investment is made, one does not have to be involved in active company management.

  • Immediate inclusion of family in the application: All immediate members of the applicants’s family (spouse and dependent children) are considered to have the same status as the candidate according to the same application.

  • Permanent resident status advatages: The same benefits all Canadians enjoy are available (access to world-class universities, free public education, universal health care and many other.) free public education, universal health care and many other.)

QUEBEC IMMIGRANT INVESTOR PROGRAM: REQUIREMENTS

Here are minimum requirements all Quebec Immigrant Investor candidates are expected to conform to:

ParameterRequirement
Minimum Net WorthThe sum of CAD $2,000,000 , made alone or together with their spouse or common-law partner (if accompanying the applicant), is a minimum in legally acquired net worth. It may include assets such as property, stocks and shares, pension funds, bank accounts.
Business or Management ExperienceTwo years of management experience during recent five years before application submission is a required minimum. The experience has to be gain when taking a full-time position at a specialized agricultural, commercial or industrial enterprise, in one of the governmental offices or international organization , i.e. any company that does not necessarily have to be profitable. There must have been at least two full-time workers (except the applicant), that can make the management experience to be claimed as a professional one.

At the time of the application submission the candidate can be retired, though he/she must conform to the requirement of a recent 2-year management experience during the five past years, as well as has to be ready to demonstrate how the planning, supervision and control of human AND financial OR material resources were done under his/her authority . Experience acquired in the course of an apprenticeship, training or specialization process proved to by a diploma is not taken into consideration.
InvestmentAgreement to make the investment (that can be financed) equal to CAD $1,200,000 by means of an accredited financial intermediary.

In order to be available for selection the candidates must meet the minimum or “cut-off” score of 25 points for investment and 10 for managerial  experience.

According to the latest Quebec immigration regulations, which came into force on August 2, 2018, calculations of QIIP score are performed in accordance with the selection factors listed under “Schedule B” of Quebec’s Official Gazette published on July 18, 2018 

Please do not hesitate to contact Avista today for more information on the Quebec Immigrant Investor Program

START-UP VISA

You can do it in Canada by means of START-UP VISA PROGRAM

-What can be more thrilling than starting your own company?

-Starting it in Canada!

The government of Canada is looking for you! The one full of enthusiasm, big dreams, brilliant ideas and great potential. Start-up Visa has been designed especially for the first-time entrepreneurs, so that they are able to realize themselves to the fullest extent.

Avista will eagerly assist you with obtaining the necessary funding and visa. As the process itself is demanding and rather complicated, the company representative will guide you along this path and even mentor you until you get your visa approval, arrive in Canada, set up and develop your company here. 

Successful candidates are encouraged to grow their own company here by getting in touch with other organizations from private sector, receiving sufficient funds and being provided with the knowledgeable advice on starting an enterprise in Canada. 

Eligibility 

First of all, the program has been established to attract innovative entrepreneurs from other countries and engage them in developing domestic economy and creating new jobs. 

To be considered for a Start-Up Visa, applicants must:

  • Comply with the English/French language requirements (CLB
    5 in all abilities);

  • Have funds to establish themselves economically in Canada;

  • Prove your business is supported through a designated organization;

  • Show your business meets ownership requirements;

  • Be willing to reside in any province except for Quebec; and 

  • Pass medical clearances and Canadian security.

Due to the Start-Up Visa Program, only 5 foreign entrepreneurs will be able to make an application for permanent residence in case they are engaged in the same business activity.

Investment Requirements

In order to take part in the Start-Up Visa program, Immigration, Refugees and Citizenship Canada (IRCC) has established a few venture capital funds, business incubator organizations and angel investor groups. 

Minimum Investment: 

It is necessary for successful candidates to make an investment for their start-up in Canada, though it does not have to be their own money. The minimum investment from venture capital fund must be $200,000, from angel investor groups – $75,000. In case the applicants do not manage to break through but they gained permanent residence through the Start-Up Visa program, their status will still be retained. 

Commitment Certificate

Commitment Certificate is a type of document which demonstrates the agreement between the candidate and an angel investor group, venture

capital fund, or business incubator. It is issued by the investment organization and is submitted to IRCC in order to show their support and other important details of the commitment between the applicant and the investment organization.

Additionally, the investment organization provides the applicant with a letter of support which has to be submitted along with the application for permanent residence. In case there 2 (or more) applicants under the same business venture, then it is necessary to identify “essential persons” to this business and they will be key figures in the process of receiving permanent residence. If these persons are rejected, others included in the Commitment Certificate will get rejected in receiving their permanent residence as well.

Process of Peer Review 

A peer review process has been designed in order to protect this project against fraud and ensure that the agreements between the entrepreneurs from other countries and Canadian investment organizations are legitimate. For this purpose, an industry association, representing the type of investment organization which makes the commitment, has established special peer review panels. A peer review panel may be requested by an immigration officer to assess the commitment made between the foreign national entrepreneurs and an investment organization. For instance, in case of a venture capital fund, Private Equity Association and Canada’s Venture Capital would be considered responsible for setting the peer review panel. If it is an angel investor group, then the National Angel Capital Organization is going to be responsible. 

Peer reviews are not necessarily requested in all the cases, but only when the immigration officer needs additional assistance in the decision-making process. They do not guarantee a positive result either. Peer reviews will only ensure that all the necessary checks and investigations have been performed by the investment organization and that the new business venture complies with all the industry standards.

This Program has become permanent from 2018 and has become a pillar of the current Canadian business immigration policy.

Make the use of this program

Despite the fact that this program is demanding and intense, it is affordable for you. If you want to increase your chances in this program, contact Avista and the firm will do its best to guide you along this path. The company representative will help you to choose the most suitable program, provide you with priceless information and step-by-step guidance and make assessment of your chances to define whether you comply with all the eligibility requirements.

If you want to make you immigration experience successful, do not hesitate and contact Avista.

ENTREPRENEUR

CATEGORY

Quebec is interested in attracting new business ventures. Therefore, if you own or manage a business, you can get a Permanent Resident Visa and settle in the province of Quebec.

It is not a straightforward process to prove that you are able to start or obtain a commercial, agricultural or industrial business; though, the company representative are here to help you overcome each potential difficulty in this process and meet all the requirements of the program.

You can find out about the Quebec Entrepreneur Category in the page below.

NOTE: The number of applications which may be processed has not been defined. 

NOTE: In the process of submitting the applications for the program, those foreign national entrepreneurs who successfully pass the test recognized by the Ministère and demonstrate their upper intermediate level of French proficiency are able to apply at any time and given priority. 

Requirements

To be accepted for the program, all Quebec Entrepreneurs must: 

 
  • Be willing to settle in Quebec;

  • Demonstrate that they possess at least CAD$300,000 in net worth and these funds have been legally obtained either alone or by their spouse/common-law partner (if they are coming together); 

  • Have had the managerial experience in business for at least 2 years within the period of 5 years before submitting the application;

  • Have controlled minimum 25 per cent of the capital equity of the business enterprise; 

  • Demonstrate that the business has been profitable and they were engaged full time in it; 

  • Undergo medical examination;

  • Pass Canadian security clearance. 

The following requirements must be met when having arrived in Canada for
minimum 1 year within 3-year course of holding a permanent resident status. The candidates must:

  • Set up a successful commercial, industrial or agricultural business in Quebec;

  • Demonstrate that the capital equity of the company amounts to at least CAD$100,000;

  • Control minimum 25% of the capital equity;

  • Hire minimum 1 resident of Quebec (besides the Entrepreneur and the family members under the application); 

  • Take active part in the business management. 

GLOBAL TALENT

STREAM

The Global Talent Stream provides opportunity for
particular groups of qualified employees to obtain a work permit within two weeks after application. It is
one of the grounds of Global Skills Strategy of Canada
aimedat helping new companies to grow by enabling
their quick access to any highly skilled talent they might
require

Among other benefits, an applicant referred to the category of highly skilled talents is provided with the opportunity of issuing work permit (or temporary residence visa, if applicable)within the period of two weeks. The Global Talent Stream is part of Canada’s Temporary Foreign Worker Program.[pls link to file “DONE_Temporary Foreign Worker Program”]

The program Global Talent Stream differentiates two categories. 

Category A

Fast-developing companies that can require to employ a unique qualified talent from abroad are referred to Category A. Employers of this category must be referred to the Global Talent Stream by anentitled referral partner. 

Since August 13, 2018 the list of entitled referral partners for employers residing outside Quebec includes the following organizations (may be
updated from time to time).

  • Atlantic Canada Opportunities Agency
  • BC Tech Association
  • Business Development Bank of Canada
  • Canadian Economic Development for Quebec Regions
  • City of Hamilton’s Economic Development Office
  • Communitech Corporation
  • Council of Canadian Innovators
  • Economic Development Winnipeg
  • Federal Economic Development Agency for Southern Ontario
  • Global Affairs Canada’s Trade Commissioner Service
  • Government of Alberta, Alberta Labour
  • Government of British Columbia, Ministry of Jobs, Trade and Technology
  • Government of Manitoba, Manitoba Education and Training
  • Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Immigrant Nominee Program
  • Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Investment Office
  • Government of Prince Edward Island, Island Investment Development Inc.
  • Government of Saskatchewan, Ministry of the Economy
  • Halifax Partnership
  • ICT Association of Manitoba (ICTAM)
  • Innovation, Science and Economic Development Canada  Accelerated
    Growth Service
  • Invest Ottawa
  • London Economic Development Corporation
  • MaRS Discovery District
  • National Research Council – Industrial Research Assistance Program
    (NRC-IRAP)
  • Ontario Ministry of Citizenship and Immigration
  • Ontario Ministry of Economic Development and Growth
  • Privy Council Office, Special Projects Team
  • Vancouver Economic Commission
  • Venn Innovation
  • Waterloo Region Economic Development Corporation

In order to obtain more specific information of the list of entitled referral partners located in Quebec for the Global Talent Stream, employers from Quebec are welcome to contact Quebec’s Ministry of Immigration, Diversity and Inclusion website (French only) [pls link to: http://www.immigration-
quebec.gouv.qc.ca/fr/employeurs/embaucher-temporaire/talents-mondiaux/index.html#partenaires
].

 

Category B

Category B comprises employers aimed at recruiting particular highly
-qualified workers from abroad in order to perform certain types of work mentioned in the Global Talent Occupations List, being in demand as a result of insufficient labour supply within the country. This list is updated from time to time to be adequate to labour market requirements. 

NOC codeOccupationMinimum rate per hourMinimum annual salary
0211Engineering managersn/an/a
0212Architecture and Science managersn/an/a
0213Computer and information systems managersPrevailing wagePrevailing wage
2147Computer engineers (except software engineers and designers)Prevailing wagePrevailing wage
Sub-set of 2161*Mathematicians and statisticians

*Positions for actuaries or related occupations are not included to this subcategory.
Prevailing wagePrevailing wage
2171Information systems analysts and consultantsPrevailing wagePrevailing wage
2172Database analysts and data administratorsPrevailing wagePrevailing wage
2173Software engineers and designersPrevailing wagePrevailing wage
2174Computer programmers and interactive media developersPrevailing wagePrevailing wage
2175Web designers and developersPrevailing wagePrevailing wage
2283Information systems testing technicians$37.50 or higher prevailing wage$78,000 or higher prevailing wage
Sub-set of 5131**Producer, technical, creative and artistic director and project
manager – Visual effects and video game

**The position requires at least three years of work experience
in the sphere of visual effects, video games or animation in one
or a combination of such professions as: producer, technical
director, creative director, artistic director or project manager,
senior coordinator, department manager, with three years of
work experience in at least one of the following skills required in
the process of creation of visual effects, video game or
animation: surfacing; look development; matte painting;
character or simulation rigging; managing budgets or teams;
technical pipeline development and application for visual effects,
video games, or animation production.
$36.06 or higher prevailing wage$75,000 or higher prevailing wage
Sub-set of 5241***Digital Media and Design

***The requirement for the position requires is not less than three
years of work industry experience in at least one of the following
skills necessary in the sphere of digital media design: 3D
modeling, paint and roto, compositing, lighting shading,
character effects, layout and match move, digital environment
and Matte painting, , rigging, texture, effects and simulations,
responsive design (for gaming), design and scenariouser
interface or user experience, virtual reality, software editing for
digital media design, augmented reality, digital media animation,
editing of levels for digital media design, pipeline software
development or applications relevant for digital media design
$38.46 or higher prevailing wage$80,000 or higher prevailing wage

Employers referred to both categories are expected to meet the requirements concerning the payment of qualified workers. Employees from abroad recruited through the GTS program must be paid at the prevailing wage or higher. The prevailing wage stands for the highest figure of either: 

  • the average wage for the occupation as stated in the
    Job Bank of the Government of Canada 

  • the wage within the range of salary paid by an employer
    to current employees working in the same position, with the
    same qualifications and experience;

  • the minimum wage level as specified in the Global Talent occupations
    list (if applicable).

Wages for the participants of the Global Talent Stream

Employers must pay the highest of either:

  • an annual salary of $80,000 minimum, or an annual salary which is
    equal to the prevailing wage for that occupation if it exceeds $80,000 for the first two unique and specialized positions required under Category A.
    For two or more unique and specialized positions referred to Category A, an annual salary of $150,000 minimum, or an annual salary that equals to
    the prevailing wage for that occupation if it exceeds $150,000;

  • minimum wage for highly-skilled employee’s work on a position referred to Category B as specified in the Global Talent Occupations List;

  • the wage that is within the range paid by the employer to current employees working in the same location at the same position, having equal skills, qualifications and experience; or

  • the average wage as stated in the Job Bank of the Government of Canada  and listed by job title or National Occupational Classification (NOC)  code in the middle column, by community or area in Canadian job bank.

Planning Labour Market Benefits 

Employers searching for highly-qualified and skilled workers by means of the Global Talent Stream program come to the necessity of coperating with Employment and Social Development Canada (ESDC) in order to elaborate the Plan of Labour Market Benefits. It emphasises possible advantages that might be brought to the Canadian labour market by that foreign talent, and takes into account activities undertaken by the employer in order to encourage job creation, developing skills and investments into training. 

Employers of Category A are obliged to provide jobs for citizens and permanent residents of Canada. And the process of job creation may be direct or indirect.

Employers of Category B have to contribute to increasing investments in training and the development of skills for Canadian citizens and permanent residents. 

In addition to the listed above possible benefits, employers in both categories promote two further additional aladvantages, supported by particular actions. Among the benefits there is job creation, investment in the development of skills and training, sharing knowledge with Canadian citizens and permanent residents, and/or increasing the level of company activity. In order to support these benefits it is advisable to employ more Canadian citizens and permanent residents, to teach current employees to use new techniques, to create paid co-operation or internship programs for local students, and/or to increaseincome and investments. 

Employers may be checked as they should comply with the Labour Market Business Plan, and to estimate the results of the Global Talent Stream program.

Work Permit Exemptions

Under the Global Talent Stream program,the two categories of workers mentioned above are not required to obtain a work permit.

Highly-skilled workers rated to skill type 0 or skill level A of the NOC may arrive to Canada to work for the period of15 days during six months, or for 30 days during 12-month period, without obtaining a work permit.

Scholars working on research projects at a publicly-funded degree-granting institutions or affiliated scientific institutions may arrive to Canada for the period of 120 days during 12 months, without a work permit.

STUDENT VISA

How to continue your education in Canada?

This question often comes across the mind of college students who want to gain higher education in Canada or even parents hoping to provide better educational perspective for their minor children. Avista can assist you to achieve these goals by helping you to join 300,000 international students who are already studying in Canadian schools.

If you dream of permanent residency in Canada, getting enrolled in a study program here will be an eminent step forward. As the fact that you’ve graduated from a Canadian institution gives you an opportunity to apply for some immigration programs and achieve your goal in an easy and quick way. Moreover, in Canada you may choose any discipline you are interested in and the tuition fees and living expenses are quite low in comparison to other developed countries!

  • Step 1: Prepare to Study in Canada and Get an Admission

    First of all, it is essential to learn about the Canadian education system, find a school, choose one of its program and follow the school’s application process thoroughly. 

    Once you get admitted to the school you can easily obtain a student visa. 

    Step 2: Study Permit

    In a few cases, international students may study in Canada without a Study Permit; however, in other cases it is necessary to obtain it. The Firm will assist you with getting it and, ultimately, guide you along the path where you will be able to work off-campus while studying and after you’ve completed your study program. 

What to do after you’ve completed your study program?

After graduation, you are given several opportunities to stay in Canada either by gaining your work experience or contributing to the economy and culture of this country. The following programs give you a chance of changing your study permit to a work permit or even of gaining a permanent residence:

  • one of the Provincial Nominee Programs;

  • Skilled Worker Program (Post-Graduation Work Permits);

  • Canadian Experience Class;

  • Quebec Experience Class.

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