If you are an accomplished entrepreneur seeking asylum in the US, you may be eligible to get permanent residency in Canada by starting a business just like our client, Mr. B.D. He was recently approved to come to Canada as a permanent resident after he started his business in Ontario, Canada.
Mr. BD was residing in the US as an asylum seeker waiting for his hearing which was scheduled for 2026. He also owned a transportation and logistics company in the US. His company had 100+ drivers and generated over $5 mln. of revenue per year. Mr. B.D. wanted to expand his business to Canada and apply for permanent residence status. He didn't see his family for around 8 years and was eager to relocate all his business activities to Canada if his application was approved. He allocated around $150,000 to invest in his new business in Canada.
Mr. B.D. retained us to help him to set up a business in Canada and apply for permanent residence status in Canada as an owner of that business. Mr. B.D.'s status in the US (asylum seeker) was a major challenge, as the IRCC rarely approves work permit applications from asylum seekers in the US. We advised Mr. B.D. to find a way to run his Canadian company remotely while his application for PR is being processed.
Investment & Relocation Process
Below you will find the steps that we took in this business immigration case:
Step 1: Company Formation: We assisted Mr. B.D. in registering his company in Canada so that he could start his business.
Step 2: Investment & Business Launch: Next, we guided Mr. B.D. with his launch initiatives and connected him to the trucking industry professionals so he could obtain the necessary permits and liability insurance. We also assisted Mr. B.D. in finding the right Operations Manager for his business so he could run his Canadian company remotely. Mr. B.D. was able to establish his company's operations in about 4 months and hired 2 employees to assist him with sales and business development in Canada.
Step 3: Applying for Work Permit & PR: Our team submitted a work permit application for Mr. B.D. even though we anticipated a rejection due to his status in the US. We also applied for LMIA for his company to hire him as an Owner-Operator of his business in Canada. When the LMIA application was approved, we applied for permanent residence status for Mr. B.D. and his family members who were residing outside the US.
Step 4: Negative Decision for the Work Permit: As expected, the IRCC refused Mr. B.D. work permit application on the ground that it was unlikely for Mr. B.D. to return to his home country based on his current status in the US.
Step 5: Strengthening the PR Application: We requested the IRCC to provide us with the Officer's notes detailing the reasons for the work permit rejection. We wanted to analyze the Officer's position on Mr. B.D.'s business in Canada and his efforts to run the company remotely. The Officer's notes revealed that the Officer doubted the genuineness of the business. Since this could negatively affect Mr. B.D.'s permanent residence application, we filed additional submissions and documentary evidence to strengthen Mr. B.D.'s PR application further. We used this rejection to understand the Officer's concerns with the business, and we made Mr. B.D.'s application for permanent residence even stronger.
Step 6: Approval: There were severe delays with Mr. B.D. application for permanent residence due to COVID-19. We had to file a Mandamus application to the Federal Court of Canada to speed up the decision-making process for Mr. B.D., who was eager to reunite with his family in Canada. His business also needed his presence, and it was important for the IRCC to give us a decision on Mr. B.D.'s application. Finally, in November 2022, Mr. B.D.'s application for permanent residence was approved!
Our client and his family will now reunite in Canada after 8 years of living apart due to the US immigration system delays! Mr. B.D.'s Canadian business will also finally benefit from its owner's presence and, hopefully, contribute even more to the Canadian economy and society.
Congratulations to our client! We wish them tremendous success in Canada!
- April 2020 – Positive LMIA issued
- July 2020 – Work Permit application filed
- September 2020 – PR application filed
- March 2021 – WP application rejected
- August 2021 – Additional submissions & evidence sent to IRCC
- November 2022 – Mandamus application to the Federal Court
- December 5, 2022 – Application for permanent residence approved
We are so happy to be a part of this family's immigration journey and looking forward to greeting them in Canada!
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