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CANADA - INVESTOR CLASS

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Canada, Investor Class :

DISCLAIMER:
The following has been prepared by Colin R. Singer, Attorney At Law, for the intended reference by interested individuals and is not intended to create an attorney-client communication. This writing may be reproduced for the personal non commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein.
(Canadian Immigration and Employment Law)

The Investor class confers permanent residence to applicants who demonstrate an ability to become economically established in Canada on the basis of their business or management experience and a personal net worth of at least C$800,000. Approval is contingent upon the investor undertaking to commit an irrevocable, passive, non-interest bearing five-year investment of C$400,000 in a government guaranteed investment fund. Under applicable programs, applicants can obtain financing and receive legal security on their investment.

Typically, the Investor class, unlike the Entrepreneur Class, is most suited to the applicant who does not intend to become active in an ongoing business in Canada.

To Qualify a successful Investor Class applicant is one who has:


managed a qualifying business and has controlled a percentage of equity of the qualifying business for at least two years in the period beginning five years preceding the application (the ownership option) or managed at least five full-time (must work 37.5 hours per week) employees per year for at least two years in the period beginning five years preceding the application (the management option); and

Possesses a personal net worth of C$800,000 legally obtained; and

Invests C$400,000 in a government approved investment fund.
For applicants electing to qualify under the ownership option, the qualifying business must meet any two (2) of the following criteria:

Ownership Option - Management of a Qualifying Business
  ATTRIBUTE PERCENTAGE OWNERSHIP OF BUSINESS
    100% 50% 20%
(i) FULL-TIME EMPLOYEES 2 4 10
(ii) SALES (CAD) $500,000 $1,000,000 $2,500,000
(iii) NET INCOME (CAD) $50,000 $100,000 $250,000
(iv) EQUITY (CAD) $125,000 $250,000 $625,000

When assessing personal net worth, assets may comprise of inheritances as well as the assets of a spouse/common-law partner/same-sex partner.

The Investment process is regulated by the Department of Citizenship and Immigration. Applicants may participate in one of various government approved investment funds.

Approved applicants will be requested to provide evidence of the investment prior to visa issuance. The deposit of C$400,000 (or an amount considerably less where the applicant seeks to finance the investment), is made by cheque payable to the Receiver General for Canada who will issue an obligation to repay the investor the full amount invested, without interest, upon the expiration of the five-year term. Once the visa is issued the investment is not refundable.

Applicants may elect to participate in government approved investment programs which offer financing on the investment. Financing arrangements vary. Typically, an applicant may borrow up to C$280,000 of the required C$400,000 investment. In such case, the actual cost to the Investor (carrying charges to finance the loan of C$280,000 for five years), would amount to approximately C$120,000, which corresponds to the amount of the initial deposit. At the end of the five-year period, the Investor would not receive back any portion of the C$120,000 initially deposited and would have fulfilled the immigration investment requirements.

We would be pleased to share our experience with prospective applicants on the various programs currently being offered.