1.

Have received notification from a designated entity that a commitment certificate was issued, which indicates the applicant is essential. Explains the urgent reasons for the applicant to be in Canada prior to obtaining permanent residence.

Copy of the Letter of Support showing the Applicant’s need to be in Canada while PR is being processed. Ideally very strong reasons should be drafted by the Designated Entity relevant to your line of business.

Letter of support (IMM 5766 (PDF, 1,983 KB)) from the designated entity supporting their permanent resident application that

is valid at the time the work permit application is received.

Confirms that the applicant is essential to the start-up business clearly indicates why there is an urgent business reason for the applicant to enter Canada and work prior to obtaining permanent residence

2.

Have an application for permanent residence in the start-up business class pending, which was submitted while the commitment certificate was valid

If the applicant is part of an investor group, all designated essential members of the group should have pending permanent resident applications.[2]

proof that the applicant has submitted their application for permanent residence in the start-up business class, which can be

A copy of the acknowledgement of receipt (AOR) the tracking receipt or number from a courier and proof of payment of application fees for permanent residence before September 23, 2022

a copy of the email confirming that the application was submitted in the online portal and proof of payment of application fees for permanent residence after September 23, 2022

If applicable, proof that all team members in the investor group who are designated as essential have submitted a permanent residence application.

Proof for other team members can be the same as for the applicant.

3.

intend to reside in a province or territory other than Quebec

If your corporation is non Quebec and your intent is to reside elsewhere provide the destination name in your Employment offer.

4.

Have sufficient liquid funds (separate from any investment funds) to meet the low-income cut-off (LICO) for their family size for a minimum of 52 weeks[3]

Bank Statements & Certificate of Account showing clearly the funds are accessible is very important.

Best practice suggests provide clear explanation to avoid any misunderstanding.

proof of sufficient support and investment funds to commence the indicated business activities

proof of support funds (separate from those being invested) as per their family size to meet the LICO for 1 year

5.

have the language skill levels required for the employment

Generally, a level 5 in all 4 language-skill areas in the Canadian Language Benchmarks (for English) or the Niveaux de compétence linguistique canadiens(for French) demonstrates this.

Copy of the language test results from any of the designated language testing organizations applicants may provide an electronic copy

6.

Have an offer of employment as an entrepreneur and have paid the employer compliance fee from employer portal[4]

n offer of employment number generated by the Employer Portal when they submit the offer for themselves or

the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form (IMM 5802) if authorized by the Client Experience Branch to submit the form (see Alternate submission [IMM 5802] for details) and proof of payment of the employer compliance fee

7.

Have submitted their work permit application electronically prior to entering Canada or after if they meet the requirements of R199

Applications submitted at a port of entry are not eligible for this category.

Flagpole is not allowed for SUV Work permits

8.

Sufficient proof of their education and work experience

University Degrees, Prior Job or Business experience Letters, CVs that satisfies the officer that the applicant will be able to perform the work sought.

9.

Significant benefit considerations In the employment offer in the employer portal having field should have objective statement Requirements Exemptions Met and should comply with one of the listed requirements

Offer of employment from Employer portal[5]

1.      

R205(a) I am not satisfied that the applicant’s work will create or maintain significant economic, cultural, or social benefits.

As referred to the above eligibility guide please ensure you provide tangible evidence in your application that helps you meet the significant benefits clause make sure its there in your explanation letter, your offer of employment, your business plan and support with tangible evidence.

2.      

There is limited evidence as to how PA’s role needs them to be physically in Canada to  perform the duties of their job. I have reviewed the business plan, representative submission letter, commitment certificate, however I am not satisfied that the applicant’s work will create or maintain a significant economic, cultural, or social benefit.

There should be specific, reasons and requirements for physical presence and not just general mentions that PA is required to be in Canada. You have to show not tell that why you are required to be in Canada to preform a certain task.  Bad example would be if you say as founder he needs to conduct meetings rather it should clearly spell out that As founder PA is required to meet with Vendor X Vendor Y to finalize and physically sign off contract and so on. This evidence should be presented to the visa officer to make it solid ground for being physically present in Canada. Avoid general statements make it specific and back it up with evidence like a vendors specifically asking you to visit them physically to finalize something.

3.      

I am not satisfied that the applicant has demonstrated that they meet the requirements of the A77 start-up business class work permit program, and therefore I am not satisfied that they are exempt from the requirement to obtain an LMIA.

This is a more of a general statement that points towards the overall criteria of the A77 code requirements. Refer to this link to see how to ensure you put in all nitty gritty details in your application.  

Read this link word by word and make sure you meet every aspect of this.

4.      

I note that no official commitment certificate or letter of support is on file.

Always make sure that your Designated Organization has submitted LOS and Commitment Certificate to IRCC. They only provide you two pages but ensure that they have submitted all the pages to IRCC. Double check and reconfirm. Ask them to show a screenshot of the email where they sent it to IRCC. Never forget to attached your copy of the LOS with work Permit.

THIS IS EXTREMELY IMPORTANT AS ONE GROUPS PR was rejected because Designated entity forgot to send Commitment Certificate to IRCC. This can be fatal omission for your PR and work permit both. DO NOT COMPROMISE ON THIS.

5.      

I am not satisfied that the client has demonstrated a compelling need to come to Canada before permanent residence is obtained.

Again connected to how will it is explained by your Designated Organization in the LOS ( Letter of Support & Commitment Certificate) that why are you needed in Canada. It also depends how well you defended that in offer of employment. Also in your letter of explaination.

Always Show not tell Every claim you make must be backed by evidence.

6.      

The applicant has not provided evidence that they and  all of their essential team members have submitted an application for permanent residence in the start-up business class.

Although seems very simple requirement but many applicants and their lawyers/ RCIC miss this extremely important basic requirement. Always submit all your partners who are marked essential PR evidence. It is detailed above. Never ever miss this. It has to be accompanied by your own PR application submission screenshot. Depends on which stage your application is but for those who did not get AOR the PR portal submission screenshots are good enough. But do not miss it for yourself and all your partners along with your application.

7.      

I am not convinced that the applicant will be able to perform the work sought due to insufficient language ability. No IELTS results or equivalent have been provided.

Very Simple Always provide your CV, Experience Letters and Language tests. Never forget these.

8.      

PA is intending to relocate themselves and their family members to Canada and in the process forfeit their temporary immigration status in country of residence. I am not satisfied that after having done so that, given prevailing conditions in their country of citizenship and country of current residence, that they would have an incentive to return.

For those who do not reside in their country of citizenship and apply from a third country such reasons are seen where the officer wants to know why and how you would return to that third country or your home country incase visa is refused. So there are two ways to counter this or avoid this

1.     Show strong ties to your country of citizenship i.e. Property, Possible Job, Business etc.

2.     Show strong ties to the third country and reasons you can always come back there.

You can also mention in explicitly in your letter of explanation that “Although this program is a PR program, however in  the unlikely event of PR Rejection these are the reasons I can return to my country of residence etc. Defend this as much as you can but not with words only with concrete evidence. What magnets will pull you back ? if PR is refused.

9.      

Although dual intent and the intention of this work permit program is noted, I am not satisfied that the applicant would depart Canada at the end of any authorized period of stay should their permanent resident application not be successful.

Same as above

10.   

I am not satisfied that you will leave Canada at the end of your stay as required by

paragraph 200(1)(b) of the IRPR (https://laws.justice.gc.ca/eng/regulations/SOR-2002-227/

section-200.html). I am refusing your application because you have not established that you will

leave Canada, based on the following factors:

• The purpose of your visit to Canada is not consistent with a temporary stay given the

details you have provided in your application.

You should articulate exact reasons with objectives of the work permit as discussed earlier to counter this.

11.   

PA has not provided evidence of funds as required to meet the LICO requirement for one year. PA does not meet the requirements for an LMIA exempt work permit under this program.

Always consult the right table for LICO requirements as for PR only applicants who do not apply for work permit its almost half. Its recommended keep it more than what is required. Do not touch those funds once you submit the bank statement to IRCC. Large amounts deposits must be explained

12.   

PA is one of several persons listed on the commitment certificate as being essential,

however he has not provided evidence that each of them has submitted a permanent resident

application in the Start Up Business class.

Same as point 6

13.   

I am not satisfied that the applicant will depart

Canada at the end of the period authorized for their

stay.

Strong evidence why you would depart in unlikely event of PR refusal or no further extension of work permit.

14.   

PA is intending to relocate themselves and their family members to Canada and I am not satisfied that after having done so that, given prevailing conditions in their country of citizenship, that they would have an incentive to return. Although dual intent and the intention of this work permit program is noted, I am not satisfied that the applicant would depart Canada at the end of any authorized period of stay should their permanent resident application not be successful.

Again you have to show what your country has to offer you incase your extension of WP is not possible or PR is rejected. Show the Financial, Property, Family Business Job hooks. Why you would never stay beyond your authorized period of stay in Canada? SHOW EVIDENCE DON’T JUST WRITE WORDS

15.   

Business plan, representative submission letter, commitment certificate reviewed, however I am not satisfied that the applicant’s work will create or maintain a significant economic, cultural or social benefit. PA has provided bank statements, however there have been significantly large deposits just prior to the production of the statement which are unexplained and uncharacteristic of the account history. I am not satisfied these funds are readily available for use in Canada. PA does not meet the requirements for an LMIA exempt work permit under this program.

Again evidence with specific numbers for example how many jobs will be created in year 1 , put in a business plan that has a hiring plan, how your business will help the community etc. Show evidence of significant benefits.

16.   

PA is intending to relocate themselves and their family members to Canada and I am not satisfied that after having done so that, given prevailing conditions in their country of citizenship, that they would have an incentive to return. Although dual intent and the intention of this work permit program is noted, I am not satisfied that the applicant would depart Canada at the end of any authorized period of stay should their permanent resident application not be successful.

Covered in previous points

17.   

PA has provided bank statements however the balance of the account holding XXX (Large Amount) million comes from a single big deposit.

ANY LARGE AMOUNT DEPOSITED SHOULD ALWAYS BE EXPLAIN WITH SOURCE OF THE DEPOSIT AND ALSO PROVE THAT THE FUND IS AVAILABLE AND LIQUID. You can attach a bank manager’s letter stating that these funds can be accessed by presenting a check are as good as cash.