Investors: Definitions
In order to qualify, you must first meet the definition of an investor.
The following terms are defined in the regulations:
Investor means a foreign national who
- has business experience;
- has a legally obtained net worth of at least CAN $800,000; and
- indicates in writing to an officer that they intend to make or have
made an investment.
Business experience in respect of
- an investor, other than an investor selected by a province, means
a minimum of two years of experience consisting of
- two one-year periods of experience in the management of a qualifying
business and the control of a percentage of equity of the qualifying
business during the period beginning five years before the date
of application for a permanent resident visa and ending on the
day a decision is made on the application; or
- two one-year periods of experience in the management of at least
five full-time job equivalents per year in a business during the
period beginning five years before the date of application for
a permanent resident visa and ending on the day a decision is made
on the application, or
- a combination of a one-year period of experience described in
subparagraph (i)
and a one-year period of experience described in subparagraph (ii);
Full-time job equivalent means 1,950 hours of paid employment.
Minimum net worth means that the investor must have
at least $800,000 to qualify as an Immigrant Investor.
Net assets, in respect of a qualifying business
or a qualifying Canadian business, means the assets of the business,
minus the liabilities of the business, plus shareholder loans made
to the business by the foreign national who is making or has made
an application for a permanent resident visa and their spouse or
common-law partner.
Net income, in respect of a qualifying business
or a qualifying Canadian business, means the after tax profit or
loss of the business plus remuneration by the business to the foreign
national who is making or has made an application for a permanent
resident visa and their spouse or common-law partner.
Net worth, in respect of an investor, other than
an investor selected by a province, means the fair market value of
all of the assets of the investor and their spouse or common-law
partner minus the fair market value of all of their liabilities;
Percentage of equity means
- in respect of a sole proprietorship, 100 per cent of the equity
of the sole proprietorship controlled by a foreign national or their
spouse or common-law partner;
- in respect of a corporation, the percentage of the issued and outstanding
voting shares of the capital stock of the corporation controlled by a
foreign national or their spouse or common-law partner; and
- in respect of a partnership or joint venture, the percentage of the
profit or loss of the partnership or joint venture to which a foreign
national or their spouse or common-law partner is entitled.
Qualifying business means
a business—other than
a business operated primarily for the purpose of deriving investment
income such as interest, dividends or capital gains—for which, during
the year under consideration, there is documentary evidence of any two
of the following:
- the percentage of equity multiplied by the number of full-time job
equivalents is equal to or greater than two full-time job equivalents
per year;
- the percentage of equity multiplied by the total annual sales is equal
to or greater than $500,000;
- the percentage of equity multiplied by the net income in the year is
equal to or greater than $50,000; and
- the percentage of equity multiplied by the net assets at the end of
the year is equal to or greater than $125,000.