Entrepreneur Category

The Entrepreneur Category is designed for foreign nationals who wish to establish, acquire, or partner in a business in Saskatchewan. Applicants must actively manage the business and reside in the province.

The Four Steps to the Nomination Process:

1. Expression of Interest (EOI) Submission
   Submit your EOI to the Saskatchewan Immigrant Nominee Program (SINP). This step expresses your interest in applying for nomination.
2. EOI Selection and Invitation to Apply
   EOIs are selected based on points scored. Those with the highest points are invited to apply. The number of candidates selected varies according to program requirements and the application inventory. After receiving an invitation, applications are processed in the order they are submitted.
3. Business Establishment
   Once selected, candidates must establish, acquire, or partner in a business, and actively manage it in Saskatchewan.
4. Nomination
   After meeting all program criteria and successfully establishing your business, you and your family can be nominated for permanent residence in Saskatchewan.

The SINP does not provide preferential treatment for any application. All applicants must meet all program requirements. The SINP does not endorse any Saskatchewan-based companies or projects.

Your SINP Application Assessment Process

Before your application is assessed, ensure you submit the following:

1. Application Processing Fee
2. Third-Party Verification Report
3. Complete Electronic Application with all Supporting Documents
   Incomplete applications will be closed and not processed.

If your application is closed, you will need to submit a new Expression of Interest (EOI) to reapply.

Application Assessment Criteria:

• Entrepreneur Eligibility: Your application will be evaluated based on the Entrepreneur Eligibility Criteria, and your EOI Points Assessment will be verified.
• Additional Information: A Business Immigration Officer may contact you for further details or to schedule an in-person interview.

If you don’t meet the eligibility criteria, your application will be deemed ineligible. In such cases, all submitted information will be removed, and you may submit a new EOI once you meet the program’s requirements.

Important Note on Misrepresentation:

• If discrepancies are found in your Points Assessment Grid (such as intentional misrepresentation) or if important or misleading information was not provided, your application will be rejected.
• Consequence: You will be barred from submitting an EOI or application to the SINP for two years.

Final Steps:

1. If you meet all criteria, you will be invited for a final interview, either in person or via video conference.
2. After the interview, you will receive a Business Performance Agreement (BPA).
   This legal document will outline:
   • Your investment amount.
   • The business sector you will operate in.
   • Other relevant information based on your Business Establishment Plan.

You must email your signed BPA to the SINP within 20 days. Afterward, you will receive a SINP Entrepreneur Approval Letter that includes instructions for applying to IRCC for a Temporary Work Permit (TWP).

You must apply for the TWP within 3 months of receiving the SINP Approval Letter. If the IRCC denies your TWP application, your SINP application will no longer be valid.

Note: You must arrive in Saskatchewan within 18 months of receiving your Temporary Work Permit Support Letter.

The Expression of Interest (EOI) System

The EOI is not a formal application but rather an indication of your interest in the SINP. By submitting an EOI, you express your desire to run a business and live in Saskatchewan. You’ll provide details about your experience, assets, and a Business Establishment Plan (BEP).

Candidates who meet the eligibility criteria will be placed in the EOI candidate pool. After submission, EOIs are evaluated and ranked using the Points Grid.

Program Requirements

Before submitting your EOI to the SINP, ensure you meet the following entry criteria:

• Net Business and Personal Assets: A minimum of $500,000 CAD.
• Relevant Experience: At least three years of business management or entrepreneurial experience in the past ten years.
• Investment Plan:
  • At least $300,000 CAD in the Regina or Saskatoon census metropolitan areas (CMAs).
  • At least $200,000 CAD in other Saskatchewan communities.

Once you submit your EOI, it will be assessed against the Points Grid, and candidates are ranked accordingly. Those with the highest scores will be invited to apply.

If invited to apply, you must submit a Business Establishment Plan (BEP) that includes:

• A plan to establish a business that aligns with the Entrepreneur Category Points Grid.
• Ownership of at least one-third (33 1/3%) equity in a business in Saskatchewan (unless your total investment is $1 million CAD or higher).
• A commitment to actively manage the business.
• The creation of two job opportunities in Saskatchewan for Canadian citizens or permanent residents who are not related to you (for new businesses in Regina or Saskatoon CMAs).

The SINP may have your BEP assessed by professional third parties.

Required Documents for Entrepreneur Category

To ensure your application is complete, please review the following document checklists:

• SINP Entrepreneur Category Document Checklist
• Third Party Entrepreneur Category Document Checklist

You must upload clear and legible copies of all required documents. If any documents are not in English or French, the following must be provided:

• An electronic copy of the original document.
• An electronic copy of the English or French translation.
• An electronic copy of a Translator Affidavit, describing the translator’s qualifications.

Note: Translations can be done by anyone, except:

• Your spouse.
• A family member.
• A paid third party who has prepared your application for the SINP.

While the SINP requests electronic copies of documents, the IRCC may require original documents or certified copies. Please ensure that your translated documents meet all federal requirements.

Documents checklist for Entrepreneur Category: file:///C:/Users/admin/Downloads/Entrepreneur_Checklist_Version_October_2023.pdf

Who to Include in Your Application

When applying for the Saskatchewan Immigrant Nominee Program (SINP), you are required to list all dependents in your application, even if they are not coming with you to Canada initially. It’s important to understand who qualifies as a dependent and how changes to your family situation might affect your application. Here’s a breakdown of who should be included:

• Spouse: If you are married, your spouse must be included in the application, even if they are not coming to Canada right away.
• Common-law Partner: A person you have lived with in a marital-like relationship for a specified time
• Dependent Children: Children under the age of 22 who are financially dependent on you and children 22 years or older who are financially dependent due to physical or mental conditions.
• New Dependents: gain through birth or adoption after submitting your application
• Non-Accompanying Dependents: Dependents who are not coming with you initially cannot be nominated for permanent residency as part of your SINP application.
• Who Cannot Be Included: Parents, brothers, and sisters or other extended family members in your SINP application.

Net Worth Evaluation by Third-Party Financial Service Providers: The SINP uses third-party financial service providers to assess the legal accumulation of net worth for applicants. You can choose between:

1. KPMG: Address: 333 Bay Street, Suite 4600, Toronto, Ontario, M5H 2S5

Phone: 416-777-3887

Email: SINPverification@kpmg.ca

2. MNP Ltd.: Address: Regina, Saskatchewan, S4P 0J3

Phone: 306-790-7900

Email: mnp.sinp@mnp.ca

You must submit all required documents from the Third-Party Document Checklist along with your file number to one of the third-party providers. Ensure the accuracy of your financial documents. Once the assessment is completed, the service provider will send you a report. Submit this report by email to saskentrepreneur@gov.sk.ca by the provided deadline.

Applying for a Temporary Work Permit (TWP)

To run your business in Saskatchewan, you must obtain a Temporary Work Permit (TWP). You will need to submit your SINP Entrepreneur Approval Letter along with your application for a TWP to the federal government within three months of receiving the letter. Steps to Apply for a TWP:

• Register in the IRCC Employer Portal
• Pay the Employer Compliance Fee $230
• Canada Revenue Agency Number:: If you do not have a Canada Revenue Agency (CRA) number, you can contact the Employer Portal mailbox at CIC.EmployerPortal-Portaildelemployeur.CIC@cic.gc.ca for assistance.
• Access the Employer Portal: Enter your personal information and submit your work permit application, specifying that you qualify for an Exemption from Labour Market Impact Assessment (LMIA) under C11 (Entrepreneurs’ LMIA Exemption code).
• Work Permit Approval: Once your TWP is approved, you can relocate to Saskatchewan and begin running your business.

This process allows you to operate your business in Saskatchewan legally while awaiting permanent residency.

Arriving in Saskatchewan and Establishing Your Business

Once approved, you must meet certain requirements within 18 months of receiving the SINP Entrepreneur Approval Letter. If you do not attend an arrival meeting within this time, your application will be closed.

Upon Arrival in Saskatchewan:

1. Arrival Meeting:
   Contact the SINP at saskentrepreneur@gov.sk.ca to schedule and attend your arrival meeting.
2. Business Establishment Progress Report:
   You must submit your Business Establishment Progress Report to the SINP within 12 months after your landing date.
3. Establish or Purchase Your Business:
   It is recommended to begin your business establishment process immediately upon arrival. To qualify for nomination, you must meet the terms of your signed Business Performance Agreement (BPA) within two years of receiving your Temporary Work Permit (TWP) and demonstrate that your business has been operational for at least six months.
4. Maintain SINP Approval Terms:
   You must continue to adhere to the terms of your SINP approval throughout the immigration process. Failure to do so may result in your nomination to IRCC for permanent residency being withdrawn.
5. Settlement Services:
   You are encouraged to take advantage of settlement services available in Saskatchewan through the Regional Newcomer Gateways. These services are government-funded and can help you settle into your new life as an immigrant entrepreneur.

BPA Change Requests

If you need to request a change to your Business Performance Agreement (BPA), certain conditions and steps must be followed:

1. Completion of Arrival Meeting and Report: You must have completed the arrival meeting within 90 calendar days of arriving in Canada and have submitted the mid-term Business Establishment Activity Report. If these steps have not been fulfilled, you may not be eligible to request a BPA change.
2. Well-Researched New Proposal: The change request will only be considered if your new proposal is well-researched and includes sufficient details. It should be a solid business plan that aligns with the program’s expectations.
3. Genuine Attempts to Establish Business: You must show that you have made genuine efforts to buy or establish the business as per your original BPA. Documents should be provided to show that you have attempted to fulfill the BPA requirements or, if not possible, explain why the business cannot proceed as initially planned.
4. Explain Challenges: You must explain the challenges you have encountered in fulfilling your original BPA and what actions you’ve taken to overcome them. This will help the SINP assess your request.
5. Case-by-Case Assessment: BPA change requests are assessed individually, and approval is not guaranteed even if you meet the program criteria. Therefore, do not make financial commitments related to the change until approval is granted in writing by SINP.
6. Business Location Constraints: You cannot move your proposed business location from the Regina census metropolitan area (CMA) or the Saskatoon CMA to a rural location, nor can you move from a rural location to either of the CMAs.
7. Program Criteria and Eligibility: Any requested change must continue to meet the program criteria and remain eligible. The BPA change should not result in a lower score than what you were initially assessed with based on your Expression of Interest (EOI) points.

It is essential to thoroughly prepare and provide clear documentation for your request and ensure that it aligns with the program’s requirements for the best chance of approval.

Application for Nomination

To be eligible for nomination through the SINP, you must meet the following requirements:

1. Residency in Saskatchewan:
   • You and your immediate family must be living in Saskatchewan at the time of your nomination application.
2. Compliance with the BPA:
   • You must have fulfilled the terms of your Business Performance Agreement (BPA). This includes:
     • Transferring the necessary funds to Canada.
     • Operating your business in accordance with the BPA.
     • Maintaining legal status in Canada.
3. Operating Business for 12 Months:
   • You must have operated your business in Saskatchewan for at least 12 months before applying for nomination.
4. Legal Status:
   • To ensure you remain legally in Canada, it is advised to have at least 12 months remaining on your Temporary Work Permit (TWP) when you apply for nomination.
   • You are responsible for maintaining your legal status in accordance with the Immigration and Refugee Protection Act (IRPA).
5. Eligibility for Nomination:
   • Once you have completed six months of operating your business and have met the terms of your BPA, you may be eligible to apply for nomination.
6. Application Process:
   • Submit your application for nomination through the SINP online system. Be sure to include all required documents.
   • Your application will be assessed based on your compliance with the BPA and other program criteria.
7. Nomination Outcome:
   • If approved for nomination, the SINP will:
     • Send a nomination certificate to IRCC.
     • Send a nomination letter to you with instructions on how to submit your permanent residency application to the IRCC Centralized Intake Office (CIO).

Note: It is important to ensure that your business remains compliant with the BPA and that you maintain legal status in Canada throughout the application process.

Application for Permanent Residence

To obtain Permanent Residence, you must submit your SINP nomination to IRCC. The following requirements must be met:

• Maintain your legal status in Canada.
• Hold a valid Temporary Work Permit (TWP) when submitting your application and while awaiting IRCC’s decision on your Permanent Residence.

Once IRCC receives your nomination certificate from the SINP, they will assess your application, including health, security, and criminality checks. If approved, they will issue visas for you and your family members.

IRCC may also request additional documents, such as your Business Performance Agreement (BPA) or Business Establishment Plan (BEP). Please note that IRCC is responsible for evaluating eligibility for Permanent Residence, and the SINP does not influence this decision.

Eligible Business

Eligible Businesses under the SINP Entrepreneur Category

To be eligible for the SINP Entrepreneur Category, your business must meet certain criteria, ensuring it creates value for the province of Saskatchewan and operates within its legal and economic framework. The requirements include:

1. Create Economic Benefit for Saskatchewan: The business should contribute positively to the province’s economy, whether through job creation, innovation, or economic growth in the community.
2. Business Type: The business can either be: An existing business that is being acquired or continued OR A new business that addresses economic needs in Saskatchewan.
3. Business Structure: Eligible businesses must operate as: Sole Proprietorship, Partnership or Corporation
4. Legal Requirements: The business must meet all the legal requirements of the community where it operates, including any municipal, provincial, and federal regulations that apply to its operation.
5. For-Profit Entity: The business must be a for-profit entity, meaning it aims to generate profit through its activities.
6. Permanent Establishment: The business must be considered a “permanent establishment” as defined under subsection 400(2) of the Canadian Income Tax Regulations, 1985. This generally means the business is a fixed place of business in Canada where the business activities are carried out on a continuous basis.

Purchasing an Existing Business – Additional Points

When purchasing an existing business in Saskatchewan, you can earn additional points under the SINP Entrepreneur Category. However, to qualify, the following criteria must be met:

1. Business Operation: The business must have been operating in Saskatchewan for the past three years under the same ownership.
2. Exploratory Visit: You must complete an exploratory visit to Saskatchewan and meet the previous business owners to understand the operation and transition process.
3. Market Value Assessment: You need to establish the fair market value of the business you intend to purchase to ensure it aligns with its actual worth.
4. Complete Change of Ownership: There must be a complete change of ownership of the business to you as the new owner.
5. Employment Continuity: You must maintain employment for the existing Canadian citizens or permanent residents working in the business.
6. Wages and Employment Terms: You are required to maintain the existing wages and employment terms for the current employees of the business.

By meeting these conditions, your application will benefit from additional points, helping demonstrate that the business you are acquiring will contribute positively to Saskatchewan’s economy while retaining employment opportunities.

Purchasing an Existing Business from an SINP Entrepreneur Nominee

If you plan to purchase a business that is currently owned by a SINP Entrepreneur nominee, there are additional requirements that must be met to qualify under the SINP Entrepreneur Category:

1. Business Operation Duration: The business must have been in continuous operation for at least five years after the previous owner’s Permanent Residence application was approved by IRCC, or after the return of a Good Faith Deposit (if the previous application was made before 2015).
2. Financial Performance: The business must show a net profit for at least two out of the last three years of its operation.
3. Previous Owner Status: The previous business owner must be a Permanent Resident or a Canadian Citizen at the time of the transaction.
4. Exploratory Visit: You are required to complete an exploratory visit to Saskatchewan and meet with the current business owners to understand the business’s operations and potential.
5. Fair Market Value: You need to establish the fair market value of the business, ensuring the purchase price is appropriate and reflects the value of the business.
6. Change of Ownership: There must be a complete transfer of ownership from the previous owner to you as the new owner.
7. Employment Continuity: You must maintain employment for existing Canadian citizens or permanent residents employed by the business.
8. Wages and Employment Terms: You are required to keep the existing wages and employment terms for the current employees, ensuring stability and continuity in the workforce.

By fulfilling these criteria, you will be able to purchase an existing business under the SINP Entrepreneur Category while adhering to the program’s regulations and ensuring a smooth transition.

Joint Ventures Between SINP Program Applicants

If you are proposing a joint venture with another SINP applicant, whether it’s for the operation of a new business, the purchase of an existing business, or a partnership with a Permanent Resident or Canadian Citizen, there are specific requirements and guidelines you must follow:

1. Business Operation History: The business must have been in continuous operation by the same owner in Saskatchewan for at least three years before the purchase or partnership begins.
2. Exploratory Visit: All applicants must complete an exploratory visit to meet with the previous owner or business partners to gather essential information and establish relationships.
3. Fair Market Value: You and your partners must establish a fair market value for the business, ensuring that the transaction is financially sound and reflects its actual worth.
4. Complete Change of Ownership: There must be a complete change of ownership in the business to you and your joint venture partner(s). This means the previous owner(s) must relinquish all control and ownership of the business.
5. Employment for Canadians and Permanent Residents: The business must continue to maintain employment for existing Canadian citizens or permanent residents, ensuring that jobs are not lost as part of the transaction or change in ownership.
6. Clear Indication of Joint Venture: You must clearly indicate in your application that you are proposing a joint venture with a SINP applicant, Permanent Resident, or Canadian Citizen. This ensures transparency and clarity in the process.
7. EOI Submission: Each applicant must submit their individual Expression of Interest (EOI) at the same time. This is required for the SINP to assess the eligibility of each partner separately.
8. Separate Evaluation: Each partner in the joint venture will be evaluated separately based on their individual eligibility. You will be selected if you meet the eligibility criteria and score high enough in the EOI points grid.
9. What Happens if One Partner is Not Selected?: If any partner is not selected from the EOI pool, the remaining partners must update their business proposal to reflect the changes, ensuring the business plan still meets SINP requirements.
10. Business Performance Agreement (BPA): If all partners are selected, each one must sign a separate Business Performance Agreement (BPA) outlining the specific expectations for each partner in terms of investment, management, and business operation.

1. Failure to Meet BPA: If the SINP determines that any partner fails to meet their individual BPA terms, the remaining partners must update their agreement to ensure they continue to meet the program’s criteria. This could include changes to the investment amount or other key terms to maintain program eligibility.

Ineligible Businesses for SINP Entrepreneur Category

The following types of businesses do not qualify for the SINP Entrepreneur category:

• Seasonal Businesses
• Wholesale Trade Businesses
• Electronic, Appliance, Furniture, and Home Furnishing Stores:
• Property Rental, Investment, and Leasing Activities:
• Real Estate Construction, Development, Brokerage:
• Insurance Brokerage or Business Brokerage:
• Professional Services or Self-Employed Business Operators Requiring Licensing or Accreditation:
• Payday Loan, Cheque Cashing, Money Changing, and Cash Machines:
• Credit Unions:
• Home-Based Businesses (Including Bed-and-Breakfasts and Lodging Houses):
• Co-operatives:
• Businesses Operated Primarily for Passive Investment Income:
• Businesses Located in Multi-Business Retail Condos or Business Incubator Projects Dependent on SINP Entrepreneurs:

Minimum Investment Requirements for the SINP Entrepreneur Category

The minimum investment requirements are assessed based on whether the investment is essential for:

• Starting and operating a new business.
• Purchasing, improving, and operating an existing business.

Certain investments may be eligible under specific limitations.

Here’s a breakdown of eligible investments:

• Purchase of Real Estate (New Businesses Only):
  • Real estate must be essential to the business.
  • SINP will only consider up to 50% of the total investment in real estate.
• Purchase of Existing Business Assets or Equity (Including Inventory):
  • Investment in tangible and intangible assets, including inventory and equity of an existing business, is eligible.
• Operating Expenses and Start-Up Costs:
  • For new businesses, eligible operating expenses can cover the first six months.
  • For existing businesses or new franchise locations, eligible operating expenses can cover the first three months.
  • Operating expenses include monthly costs like rent, wages, and utilities.
  • Start-up costs include expenses like marketing, insurance, and supplies.

• Cost of Goods Sold (COGS):
  • For new businesses, up to three times the average monthly COGS over a six-month period.
  • For existing businesses, up to one time the average monthly COGS over a six-month period.
  • Cash and Receivables:
  • Investments in cash and receivables will be considered based on industry standards and the size and scope of the business.
  • SINP will only consider up to 15% of this total.

 Non-Eligible Expenses: Wages or salaries paid to the applicant, or their family members are not considered eligible expenses for the SINP investment requirements.