Canadian Immigration Questions and Answers with Attorney David Cohen

Every month, Attorney David Cohen will answer a few general Canadian immigration questions submitted by our readers. Here are this month’s questions and answers:

Can you explain the major differences between the different streams in the Entrepreneur Start-Up Visa Program?

The Start-Up Visa Program requires the foreign national to obtain a Letter of Support from a “designated organization” in Canada. There are currently three types of designated organizations, namely (i) Venture Capital Funds, (ii) Angel Investor Groups, and (iii) Business Incubators.

There are currently 24 Venture Capital Funds designated by Citizenship and Immigration Canada. An applicant must obtain a Letter of Support confirming a willingness to invest at least CAD$200,000 into the applicant’s proposed Canadian business from one of the Venture Capital Funds.

There are currently three (3) Angel Investor Groups designated by CIC. An applicant must obtain a Letter of Support confirming a willingness to invest at least CAD$75,000 into the applicant’s proposed Canadian business from an individual affiliated with any one of the designated Angel Investor Groups.

There are currently five (5) Business Incubators designated by CIC. An applicant must obtain a Letter of Support confirming acceptance by any one of the designated Business Incubators.

I have diabetes. Am I medically inadmissible to Canada?

CIC will consider an applicant medically inadmissible if their medical condition (a) poses a risk to society at large, or (b) creates excessive demand on the Canadian healthcare system. Diabetes does not pose a health risk, as it is not an infectious disease. However, each applicant’s condition is individually assessed, and depending on the prognosis it is entirely possible that an applicant may be found inadmissible if their diabetes is expected to create excessive demand on the healthcare system.

I am a US citizen and may therefore travel to Canada without a visa. I was recently issued a 6 month visitor record, via a stamp in my passport. Does this record allow me to re-enter within the next 6 months, or will a receive a new stamp the next time I enter Canada?

A stamp in a passport is not considered a Visitor Record document. By default, a Canadian entry stamp in a passport without any expiration date allows a visitor to stay in Canada for up to a maximum of six months. Once the visitor leaves Canada, this permission lapses and a new permission must be granted on the next entry to Canada.

A Visitor Record, on the other hand, is a printed document that is usually issued when an individual is granted permission to stay in Canada for longer than six months. This document remains valid till its expiration date, and the visitor may exit and enter Canada as many times as they like during the validity of this document. It must be noted, however, that Immigration Officers have the power to deny entry to any individual attempting to enter Canada if they decide that the individual does not meet the legal requirements to be admitted as a visitor, even if they are in possession of a valid Visitor Record.

If a Labour Market Opinion application was refused, will this negatively affect an employer’s ability to apply for LMOs in the future?

A refusal of an LMO application does not prevent an employer from submitting a new LMO application. The effect a prior refusal has on the new application will depend on the reason for refusal. As a general principle, the employer will have to demonstrate that they have overcome the reason for the previous refusal in any new application, especially if the new application relates to the same occupation previously applied for.

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