::: Canadian Migration Concerns :::

Newfoundland and Labrador

Criteria for the Immigrant Entrepreneur Category

The Immigrant Entrepreneur Category is intended for prospective immigrants who propose to establish a new business or who propose to purchase all or part of an existing business that has supportable prospects for expansion in Newfoundland and Labrador and who intend to be self-employed in that business. Immigrant entrepreneurs who wish to apply in this category must meet the following criteria:

Pre-Assessment Phase - All immigrant entrepreneurs must submit the required Pre-Assessment documents BEFORE submitting a Provincial Nominee Application. This Pre-Assessment, accompanied by the immigrant entrepreneur’s business plan, is required so that the Program Officers can determine whether or not the business plan is eligible and/or qualifies under the Provincial Nominee Program. Once the immigrant entrepreneur has received official approval of their proposed business plan, he/she may then proceed to submit the Provincial Nominee Application.

Criteria 1 - Eligible Business Activity

An active business refers to a business that generates revenues by selling goods and/or services at arm's length to third parties. Priority will be given to immigrant entrepreneurs who intend to establish an active business or purchase all or part of an existing business that has supportable prospects for expansion in a sector identified by the Strategic Sector List.

Ineligible Business Activity

Retail and wholesale operations.

Financial services.

Business and personal services.

Most professional practices; and,

Real estate and construction businesses.

Information on schooling for children

Criteria 2 - Required Business Experience

Immigrant entrepreneurs must have a minimum of five (5) years of senior management or direct entrepreneurial experience in a business similar to the one proposed. The immigrant entrepreneur will be required to submit a resume or CV (curriculum vitae), letters of recommendation, financial statements and other documents to support his/her experience.

Criteria 3 - Net Worth and Liquidity Requirement

Immigrant entrepreneurs must have a minimum net worth of CDN$450,000, including minimum liquid assets of CDN$350,000. Liquid assets include, for example: cash, demand deposits with a financial institution, term deposits, tax shelters convertible to cash, and readily marketable investments including publicly traded stocks and bonds.

Criteria 4 - Immigrant Entrepreneur Investment in a New or Expanding Existing Business

Immigrant entrepreneurs must be prepared to make a minimum direct business investment of CDN$200,000 in equity to establish an eligible new enterprise or purchase all or part of an eligible existing business in Newfoundland and Labrador. To meet the CDN$200,000 investment requirement the immigrant entrepreneur must provide the following:

4.1 The immigrant entrepreneur's Provincial Nominee Application;

4.2 Two original, dated, and signed Performance Agreements along with a deposit of CDN$100,000. This deposit will be held in escrow and will be returned to the Applicant provided that he/she has established the proposed business and has abided by the terms and conditions of the Performance Agreement (see Criteria 6 and Form PNP-NL-08);

4.3 Prior to nomination by the province, the immigrant entrepreneur will be required to provide evidence that an additional CDN$100,000 is available to establish a new Newfoundland and Labrador based business, or purchase all or part of an existing business.

4.4 Provide evidence, to the satisfaction of the Department, that the immigrant entrepreneur has a further CDN$150,000 in liquid assets.

Criteria 5 - Evidence of Investment in a New Business or Purchase of all or part of an Expanding Existing Business

Evidence of a business investment refers to an investment which is required to finance the assets and operations of a new business OR to purchase all or part of the assets (and debts) of an existing business. Evidence of a business investment may include such elements

5.1 Start up costs and early cash flow deficiencies financed by cash, demand deposits and other liquid assets held in a business account with a recognized financial institution in Newfoundland and Labrador such as a chartered bank, trust company, credit union or brokerage.

5.2 Inventories and accounts receivable associated with the business start;

5.3 Licenses, franchises, trade names and other intangible assets necessary to establish/operate the business and purchased from third parties, at arm's length;

5.4 Machinery, fixtures, tools and other equipment, excluding passenger vehicles;

5.5 Real estate (excluding residential real estate, recreational property, un-serviced land for future development or real estate to be leased primarily to third parties)

5.6 Leasehold improvements to leased business premises.

The Evidence of Investment requirement is a reference to those actions and transactions, such as those listed above, which ultimately result in the establishment of the proposed business as referred to in the business plan. The Department reserves the right to conduct due diligence to ensure that there is sufficient evidence of investment.

Criteria 6 - Performance Agreement

The Performance Agreement sets out the terms and conditions of the immigrant entrepreneur's investment required under this category. Immigrant entrepreneurs must sign, date and submit two originals of the Performance Agreement with the Application.

Along with the Application and Performance Agreements, the applicant must also submit the sum of One Hundred Thousand Canadian Dollars (CDN$100,000), payable to the: Provincial Nominee Program Newfoundland and Labrador Trust Account.

The CDN$100,000, plus accrued interest (interest received will be at a rate equal to the rate earned on the Provincial Nominee Program-Newfoundland and Labrador Trust Account, less any bank charges incurred by INTRD) will be returned to the applicant if, for a period of twelve months following the date of issuance of the immigrant entrepreneur's visa for permanent residence in Canada, he/she has abided by the terms and conditions of the Performance Agreement. An applicant who cannot demonstrate, to the satisfaction of the province, that all terms and conditions of the Performance Agreement (see PNP-NL-08) have been fulfilled within the designated time allowed, will forfeit his/her right to reimbursement of these escrow funds.

Criteria 7 - Exploratory Visit

Immigrant entrepreneurs are required, at his/her own expense, to make at least one exploratory visit to Newfoundland and Labrador. The exploratory visit and interview will not be waived. The Department encourages all prospective immigrant entrepreneurs to do as much in-depth research on Newfoundland and Labrador, the business community, and the investment prospects prior to considering a visit to the province. This knowledge will be taken into consideration when meeting with Department officials. In some instances the immigrant entrepreneur may require a Letter of Invitation to his/her application for a visitor's visa. This Letter of Invitation from the Department will be provided if the immigrant entrepreneur has met the following conditions:

7.1 the immigrant entrepreneur has submitted the Pre-Assessment documentation;

7.2 the immigrant entrepreneur has provided a business plan which, in the opinion of the Department, has provided sufficient detail to determine that the business plan has merit.

During the visit, the immigrant entrepreneur is encouraged to gather additional research on his/her proposed business plan and to meet with appropriate business owners, industry associations, financial institutions, real estate agents, and other relevant cultural or community groups to assess adaptability and successful business and settlement prospects.

The immigrant entrepreneur must meet with a Program Officer for an official interview. The interview process will assist the Program Officer in determining the eligibility of the applicant.

Immigrant entrepreneurs who are unable to successfully obtain a visitor's visa will not be permitted to submit a provincial nominee application.

Criteria 8 - Business Plan

Business Plan Immigrant entrepreneurs are required to prepare and submit a detailed business plan outlining how the new enterprise is to be successfully established. Applicants purchasing all or part of an existing business must submit a detailed business plan outlining the continued success/improvement of operations under his/her ownership and management. Business plans submitted with the Pre-Assessment must have, in the opinion of the Department, sufficient detail to make a determination of eligibility and suitability. A detailed business plan, if not provided with the Pre-Assessment, must be submitted following the exploratory visit and, in either case, must be received by the Program Officer in order to complete the analysis and determine the immigrant entrepreneur's eligibility to submit an application to the Provincial Nominee Program.

The business plan, including pro-forma financial statements, will allow the province to assess the feasibility of the business or the continued success/improvement of the existing business and the impact of the business operations on the local economy. It will also allow for an evaluation of potential earnings from self-employment that will provide a reasonable living for the immigrant entrepreneur and his/her family in Newfoundland and Labrador.

The business plan submitted by the immigrant entrepreneur must be provided in a general format specified by the Province (see PNP-NL-09). The plan must outline the proposed financial investment and the applicant's active management role in the new or existing business. It must also demonstrate that, as a result of establishing or purchasing all or part of the business there will be:

8.1 capital investment in a new or existing business;
8.2 direct job creation in the Province, in addition to any jobs to be performed in the proposed business by family members;
8.3 a positive impact on the provincial economy; and,
8.4 improved market access for the Province's goods and services.

A full disclosure of the applicant's business assets, debts and financial affairs will be required in considering an immigrant entrepreneur's application. A letter of recommendation from the applicant's banking institution will assist in the review of the business proposal.

The business plan will be assessed by the Department in consultation with other government departments/agencies as appropriate (e.g., the Department of Fisheries and Aquaculture if the business proposal is in the aquaculture industry).

Family Connections Category

This category is for immigrant families living in Newfoundland and Labrador who want to help their overseas family members relocate and work in the province. Applicants must have a family member who has been living in Newfoundland and Labrador for at least one year. The family member must be willing to provide applicants with assistance during the immigration process and after they arrive in the province. The family member will be the "Sponsor".

Eligibility
To be considered for the NLPNP Family Connections Category, you must:

1. Be between 18 - 49 years old;

2. Have a signed Affidavit of Support from one or more family members in Newfoundland and Labrador;

3. Have a family member (Sponsor) willing to provide settlement assistance;

4. Have completed post-secondary education, training, or apprenticeship of at least one year in length that has resulted in a diploma, a certificate or a degree;

5. Have at least one year of work experience;

6. Have adequate English language ability either to do the job you have been offered by a Newfoundland and Labrador employer, or to get a job in your field of education or training;

7. Your English language ability must be verified by one of the following:

An Affidavit of English Language Ability from a Newfoundland and Labrador

Education/training documents.

Language testing results OR

You may be required to attend ESL (English as a Second Language) courses prior to or following your arrival to Newfoundland and Labrador and provide documentation that confirms you have reached a required language level.

Have a full-time, permanent job offer from a Newfoundland and Labrador Employer; OR intend to find full-time, permanent work in Newfoundland and Labrador.

9. Have enough money to live in the province for a short time without work after arrival ($10,000 for you and $2,000 for each accompanying family member). The funds can be from you, your spouse, your Sponsor, or a combination of these sources.

10. Have the intention to reside in Newfoundland and Labrador.