Business immigration

How BC law treats it

Immigration is governed federally by the Immigration and Refugee Protection Act, SC 2001, c 27 and its Regulations, SOR/2002-227. Provinces participate through provincial nominee programs. In BC, the Provincial Immigration Programs Act, SBC 2015, c 37 and its regulation govern the BC Provincial Nominee Program (BC PNP), whose entrepreneur streams invite foreign nationals to establish or buy a business in BC, invest personally, and actively manage it day to day. Successful candidates typically come first on a work permit and are later nominated for permanent residence if they meet their performance agreement. Canada no longer offers permanent residence for passive investment. The federal Immigrant Investor Program ended in 2014, and every current business route requires active ownership and management. The federal Start-up Visa closed to new applicants at the end of 2025, and the federal government has announced a replacement entrepreneur pilot. Business people may still qualify for temporary work permits in categories such as intra-company transfers, significant benefit entrepreneur work permits, and permits under trade agreements, depending on nationality and circumstances. Employers have their own obligations. A business must not employ a foreign national who is not authorized to work in Canada, which is an offence under section 124 of the Immigration and Refugee Protection Act. Employers hiring through the Temporary Foreign Worker Program or employer-specific permits must meet wage, working condition and compliance requirements.

What it means for your business

For foreign entrepreneurs, immigration status and the business plan are linked: the business must be structured, funded and operated to meet program requirements, or the path to permanent residence fails. Buying an existing BC business can qualify in some streams but requires careful due diligence and deal structuring. Canadian businesses hiring foreign key personnel must plan for permit timelines and compliance obligations. Example: A foreign restaurateur registers in a BC PNP entrepreneur stream, commits to invest in and manage a new restaurant in Kamloops, signs a performance agreement, and opens on a work permit, applying for nomination once the agreed investment and job creation targets are met.

Risks and common mistakes

Assuming passive investment can lead to permanent residence in Canada. Structuring a business purchase without checking that it meets the program's ownership and active management rules. Relying on program information from before the 2024 to 2026 changes. Employing a foreign national who lacks work authorization. Failing to meet the commitments in a BC PNP performance agreement.