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Saskatchewan Entrepreneur Application – SINP

Saskatchewan Entrepreneur Application – SINP

November 7, 2019

What is the Saskatchewan Entrepreneur Application – SINP immigration program?

The Saskatchewan Immigrant Nominee Program (SINP) Entrepreneur Category offers candidates the opportunity to establish, acquire, or partner in a business in Saskatchewan and be actively involved in its management. With this, applicants can apply for permanent residence after 6 months of business operation. 

Applicants for this program can also successfully obtain the work permit in 1 year without being bothered by age limit and language proficiency requirements. Holders of the work permit and the accompanying family members can enjoy free healthcare services and public education.


Eligibility

To be considered eligible under the Entrepreneur Category, applicants must:

  • Meet the minimum eligibility criteria. 
  • Have and be able to demonstrate an in-depth knowledge of their Business Establishment Plan (BEP). 
  • Reside in Saskatchewan with their dependent family members.
  • Own at least one third (33 1/3%) of the equity of the business and provide active and on-going participation. 
  • Establish a new business in Saskatoon or Regina that creates or maintains at least two jobs for two Canadians or Permanent Residents in Saskatchewan (non-relative workers). 
  • Sign a business performance agreement with the Government of Saskatchewan.

1. The minimum entry criteria:

To be eligible under the Entrepreneur Category, you must satisfy all the following:

    • A minimum in Net Business and Personal Assets of $500,000 CAD, verified by a Ministry-approved professional third party; 
    • Accumulation of net worth through legal means verified to at least 80 percent by a Ministry-approved professional third party;
    • At least 3 years of relevant business management or entrepreneurial experience within the past 10 years; and
    • A minimum equity investment of $300,000 CAD in Regina or Saskatoon, or a minimum of $200,000 CAD in any other Saskatchewan community.

An investment will be considered eligible if it is essential to the establishment and operation of a new business, or the purchase, improvement, and operation of an existing business. Some investments may be considered eligible within limitations.

To prove all the above claims, applicants must submit the documentation and supporting information outlined in the document checklist (see the Supporting document).

2. Business Establishment Plan (BEP):

Applicants must have and be able to demonstrate an in-depth knowledge of their BEP. The BEP must include all the information of your eligible business and its contribution to the province in detail.

3. Residence in Saskatchewan with their dependent family members.

You are required to reside in Saskatchewan and operate your business and be involved in its day to day management. You may not do this remotely or from another Canadian Province or Territory or another Country. 

4. Ownership of the business and providence of active and on-going participation. 

Applicants must own at least one third (33 1/3 percent) of the equity of a business in Saskatchewan unless your total investment is $1 million CAD or higher. Also, he or she is committed to providing active and on-going participation in the day to day management and direction of the business.

5. Establishment of a new business: 

Applicants must establish a new business that creates or maintains at least two jobs for two Canadians or Permanent Residents in Saskatchewan (non-relative workers). This only applies if you are establishing a new business in Regina or Saskatoon.

If applicants purchase an existing business, they must maintain the business’ staffing complement (the number of Canadian or permanent resident workers) in place at the time of purchase. 

Additionally, the business must be eligible and align with the points assigned in the Entrepreneur Category Points Grid (for investment amount and sector). This means, the business:

  • Must have the potential for creating economic benefit to Saskatchewan, as assessed by SINP immigration officer;
  • Can be Sole Proprietorships, Partnerships, or Corporations but must meet the legal requirements of the community they operate in;
  • Must be a for-profit entity with the primary purpose of earning profits through the sale of goods and/or services; and 
  • Must be considered a “permanent establishment” as defined under the Canadian Income Tax Regulations, 1985. 

The applicant must commit to investing the minimum equity investment required based on their business location. 

6. Business performance agreement

You must sign a business performance agreement with the Government of Saskatchewan, which will, later on, be provided by the SINP after the application is approved. 

Please note that the SINP reserves the right to have BEP assessed by professional third parties identified by the Government of Saskatchewan. The assessment conducted by Third Parties will focus on the preparation and due diligence conducted by the applicant in preparing their proposed business plan.

Please refer to the Application Guide for the Entrepreneur Category for more information.


Additional Requirements for Business Succession

If purchasing a previously existing Saskatchewan business, the following requirements must be met:

  • The business must have been in continuous operation by the same owner for the past three years;
  • The applicant must complete an exploratory visit to meet the previous owner(s);
  • Reasonable efforts must be taken to establish a fair market value for the business;
  • There must be a complete change in ownership where the applicant assumes full control of the business; and
  • The applicant must commit to maintaining employment for existing Canadian citizens or permanent residents above the minimum required, as well as existing wages and employment terms.

If purchasing a previously existing Saskatchewan business from a SINP Entrepreneur Nominee, besides the above requirements, the following requirements must also be met:

  • The business must demonstrate a net profit for at least two of the previous three years;
  • The previous owner must be either a Permanent Resident or a Canadian Citizen;

Who may be not eligible?

Applicants are considered ineligible if they are in one of the following cases:

  • Refugee claimants in Canada;
  • Living illegally in their country of residence or Canada;
  • Prohibited from entering Canada;
  • Have a removal order issued by IRCC or Canada Border Services Agency;
  • Have a serious medical condition (or any dependent family member, accompanying or not);
  • Have a criminal record (or any dependent family member, accompanying or not, over the age of 18);
  • Have unresolved custody or child support disputes affecting any member of their family; and/or
  • Intentionally misrepresented themselves in their application.

How to apply?

There are these steps to the nomination process:

Step 1. Expression of Interest (EOI) submission 

Candidates who meet the minimum entry eligibility criteria will be accepted into the EOI candidate pool. The information you provide will be assessed against the points grid to rank your EOI.

You must be sure your EOI is up to date at the time of submission, and that all answers are accurate and truthful. If your EOI is not up to date or it provides misleading information, your application will be rejected and you will be unable to apply for two years.

Candidates are then selected based on their score, with top-scoring EOIs being prioritized for selection. Selected ones are invited to apply to the SINP. 

You will be required to attach documents, including translations if necessary, if you’re invited by the SINP to submit an electronic application.

EOI’s can remain in the pool for 12 months from the date of receipt. If your EOI is not selected during this time it will be removed from the pool and you will be able to reapply if you want to.

The EOI is not an application; it is an expression of your interest in the SINP. 

Step 2. EOI Selection 

After candidates are invited to apply, applications are processed in the order that they are received.

Please note that only complete applications will be accepted. Incomplete applications will be closed and all information and supporting documents removed from the system.

Your application will be assessed against the Entrepreneur Eligibility Criteria and your EOI Points Assessment will be verified.

In case you meet all the eligibility, you will be contacted to participate in a final interview. This could be in-person or through a web-based video conferencing service. 

If you do not satisfy the program’s criteria, your application will be ineligible. If you do, you will be sent a Business Performance Agreement (BPA) for your review and signature.

Your BPA is your legal agreement with the Government of Saskatchewan. It will state the amount you will invest, and the business sector you will operate. 

The BPA will also list any other information relevant to your application including, but not limited to job creation, business succession, and location. This is based on the information you supplied in your BEP.

You must scan and attach your signed and dated BPA to the SINP within 30 days.

Once your BPA is received, a SINP Entrepreneur Approval Letter includes instructions on how to apply to IRCC for a Temporary Work Permit (TWP), along with a TWP Support Letter will be issued to you. 

A TWP allows you to settle and operate your business in Saskatchewan.

You must apply for your TWP within three months of the date on the SINP Approval letter. If IRCC refuses your TWP application, your SINP application will be ineligible.

You must arrive within 18 months of being issued the original TWP Support Letter.

Step 3. Applying for a TWP:

To apply for a TWP, you need to follow the instructions on IRCC’s website. 

First, register as an employer in IRCC’s Employer Portal and pay an employer compliance fee of $230 (you are exempt from the LMIA (Labour Market Impact Assessment) fee). Then go to the Employer Portal Welcome page and submit your work permit application.

Once you have a TWP, you can relocate to Saskatchewan and establish your business.

Please see the following links for additional information: 

Updated Instructions for Entrepreneurs and Self-Employed Candidates and Significant Benefit – Entrepreneurs and Self-Employed Candidates (R205(a) – C11)

Step 4. Net Worth Evaluation:

The SINP uses two professional third-party financial service providers to assess the net worth and legal accumulation of applicants to this category.

Here is their contact information: 

KPMG: 

333 Bay Street, Suite 4600

Toronto Ontario, M5H 2S5

Phone: 416-777-3887

Email: [email protected]

MNP Ltd:

Regina Saskatchewan, S4P 0J3

Phone: 306-790-7900

Email: [email protected]

After your EOI has been selected, you receive an Invitation to Submit an Application (ISA), you will find a SINP file number included. You will have 20 calendar days from the date of the ISA letter in which to:

  • Pay a $2,500.00 CAD non-refundable processing fee; 
  • Contact and engage one of the above professional third-party financial service providers to work on your application and have them advised on your SINP file number. 
  • Submit all relevant documents listed on the Third-Party Document Checklist.
  • Make sure all your information is up-to-date and correct. This will help speed up the evaluation process.
  • Once your assessment is complete, you will receive an evaluation report from the service provider.
  • To complete your application, upload the final evaluation report to your online application.
  • Be sure to submit your final evaluation report by the deadline.

Step 5. Business Establishment

All approved applicants who do not attend an arrival meeting in Saskatchewan within 18 months of the date on the SINP Entrepreneur Approval letter will be deemed to have failed to fulfill BPA terms, and their applications will be closed.

After you arrive in Saskatchewan, you will have to meet with a business service provider within 90 days of arriving in Canada. He or she will answer your questions related to fulfilling the terms of the BPA. They can also refer you to other service providers for relevant information and guidance related to the establishment of your business.

Additionally, you must submit your Arrival Report Form within 90 calendar days of your TWP Issuance date. This report is submitted online. 

Here is the list of documents you will need to provide with your Arrival Report Form: 

  • Passport: copies of all pages including pages with a photo and biographical data, entry records and signatures; 
  • A copy of your TWP, including the date issued and the expiry date; 
  • A copy of your Saskatchewan Health Card ; 
  • A copy of your Saskatchewan Driver’s License; and 
  • Proof of your address in Saskatchewan (utility bills in your name; lease agreements you have signed, and mortgage documents if you have a house). 

And no later than 12 months after the Landing Date, submit your Business Establishment Progress Report to the SINP Entrepreneur category as well. This report outlines your business establishment activities to date.

You are encouraged to use the settlement services available in Saskatchewan and government-funded settlement services through Regional Newcomer Gateways.

These organizations are welcoming centers for newcomers to Saskatchewan. They provide language assessment services, career, and employment services (for your accompanying family members), and advice from a Settlement Coordinator. 

Please see use the link here for more information: https://www.saskatchewan.ca/residents/moving-to-saskatchewan/immigrating-to-saskatchewan/working-in-saskatchewan/starting-your-own-business

Step 6. BPA Change Requests:

Applicants want to change their BPA should have completed the mandatory arrival meeting within 90 calendar days of arriving in Canada, and, if required, also submit the mid-term Business Establishment Activity Report. Applicants that have not fulfilled these obligations will not be eligible to request a BPA change.

You will have to show genuine attempts to purchase or establish the business in your original BPA and provide detailed documentation to show that attempted or outline of why the business is no longer possible in your intended location.

You must explain what obstacles you have encountered and what you have done to try to overcome these obstacles.

BPA change requests will be assessed on a case-by-case basis. You are not guaranteed to receive approval for a BPA change despite meeting program criteria. Change requests must continue to meet program criteria, and be eligible.

BPA change requests will only be considered when the proposed new venture has been well researched and detailed documentation is provided.

Step 7. Nomination

To qualify for nomination, you and your immediate family must be residing in Saskatchewan and meet the terms of your BPA, including:

  • Transfer the required funds to Canada;
  • Maintain legal status in Canada; and
  • Operate the business by following your BPA for at least six months before requesting nomination. 

To ensure you maintain legal status in Canada, you need at least six months of remaining on your TWP. You are also responsible for maintaining your legal status in Canada in line with the Immigration and Refugee Protection Act (IRPA).

When you have fulfilled your BPA and operated your business for at least six months, you will be eligible to apply for nomination.

The SINP will assess your application for nomination and advise you of the outcome. The assessment is upon your compliance with your BPA and other criteria at the time you started your application process.

You can submit your application for nomination electronically, using the SINP online system

If approved for nomination the SINP will send:

    • A nomination certificate to IRCC; and,
    • A nomination letter, explaining how to send your permanent residency application.

The SINP does not provide priority processing or preferential treatment for any applications, and all applicants must meet all program requirements. The SINP does not endorse or support any Saskatchewan-based companies or projects.

Step 8. Application for Permanent Residence:

Once you have completed all three steps above, you may apply for permanent residency. To gain permanent residence status, you must:

  • Maintain your legal status in Canada; and
  • Have a valid TWP while you are waiting for IRCC to process your permanent residence application.

IRCC considers your application after it receives the nomination certificate from the SINP, and is responsible for assessing each nominee’s eligibility. It completes health, security, criminality reviews, and any other information that it thinks is needed. After all these reviews, if approved, IRCC will issue visas to you and your family members, as applicable.

The SINP is not responsible for IRCC’s decision to grant or deny Permanent Residence status.


Supporting documents

Here are the necessary application forms for the process:

Provincial:

Federal:

Although the SINP requests you upload copies of documents to an electronic application, IRCC may require original documents or certified copies. 

All uploaded documents must be clear and easy to read. If any documents are not in English or French, you must submit an electronic copy of the following:

  • The original document;
  • The English or French translation of the document; and
  • A Translator Affidavit that describes the ability of the translator.

Translations may be done by anyone, except:

  • Your spouse;
  • A member of your family; or
  • A paid third party that has prepared your application.

Some Canadian visa offices ask that documents are translated by a certified translator. The SINP does not ask for this, but you should still make sure your translated documents meet all federal requirements.

For a complete list of required documents, please review:


Who to Include in Your Application?

You must list all dependents on your application even if they are not coming to Canada. As well, you will have to declare any new dependents to us and IRCC before visas are issued.

IRCC may change the definition of dependents or the policies regarding dependents at any time. You can review IRCC’s policies and procedures on the IRCC website (https://www.canada.ca/en/services/immigration-citizenship.html).

Presently, accompanying dependents include your:

  • Spouse.
  • Common-law partner.
  • Dependent children.

See the link here for SINP Important Words and Definitions

Dependent family members that are not included in your application cannot be nominated for permanent residence as part of your SINP application later.

If you want your dependent family members to join you in Canada later, you will need to make a separate application to the Government of Canada’s Family Sponsorship program, or another immigration category. 

Notably, if you are the principal applicant, your parents, brothers, and sisters may not be included in the SINP application.


What to do after you apply?

After you apply, your application will be assessed in stages, to make sure it is complete. 

Complete applications will have all the documents included in the checklist. Incomplete applications will not be accepted and you need to submit a new application. A letter will be sent informing you of why your application is considered incomplete.

More documentation may be required. You can have some time to send this, there is even a reminder for you. After the given time, the application will be on in the process. 

 



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