カナダ移民申請・過去記事 12

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Back number: 001aa
(May 05, 2011)
カナダ永住権 - 投資ビザ - 分析:
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Analysis of Canada's New
Immigration and Refugee Protection Act and Regulations.


1. Introduction
Canada has completely revised its immigration laws. The changes came into effect on 28 June 2002.
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The changes are substantial, and create a number of new immigration opportunities, but also in some cases will make immigration more difficult than in the past. Key developments have been the significant broadening of opportunities for skilled workers, investors and temporary foreign workers.
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This paper is not a legal document and should not be construed as providing legal advice. Qualified professional advice should be sought regarding the impact of the proposed regulations to your particular circumstances.
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This paper will highlight, summarize and provide commentary and suggestions on only certain aspects of the proposed regulations, with a focus on: accompanying dependents, the new permanent resident card, skilled worker category, self-employed category, entrepreneur category, and the investor category.


2. Investor Category
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Summary of Key Points:
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Investors must meet two basic tests: 1) the regulatory definition of Investor; and 2) they must score minimum 35 points under the point system;
This category has opened up dramatically with eligibility now being available to persons with experience managing at least 5 employees for over 2 years within the past 5 years. There is no need to be a shareholder, as is the requirement under the Entrepreneur category
Regulatory Definition of Investor:
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combined net worth with spouse (including common law partner) of at least C $ 800,000 (no specific requirement as to source of funds, but legal source of $ should be demonstrable - eg. tax records, proof of inheritance, etc.);
has "business experience" (see below);
has the ability to become economically established in Canada; and
provides the visa officer proof of a qualifying investment in the amount of C $ 400,000
"Business Experience"
In order to qualify as an Investor, the Investor must also demonstrate he or she has "business experience". There are two possible ways in which to meet this test:
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i) management of at least 5 full-time employees for at least two years in the 5 years prior to the date of the selection interview and decision in the case; or
ii) management of a "qualifying business" and control (ownership) of a % of equity in the qualifying business for at least 2 years of the 5 years prior to the date of the selection interview and decision in the case.
"Qualifying Business" for Business Experience purposes must not be a passive business for investment income (interest, dividends or capital gains) purposes only, and must meet just 2 of 4 requirements in terms of # of employees, sales, net income and net assets obtained from a formula based on % equity in the business. The following is an explanatory chart:
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%       OWNERSHIP       IN
QUALIFYING BUSINESS:

100%

50%

20%

# EMPLOYEES IN 2 OF 5 YEARS

2

4

10

ANNUAL SALES IN 2 OF 5 YEARS

C $ 500,000

C $ 1,000,000

C $ 2,500,000

NET INCOME IN 2 OF 5 YEARS

C $ 50,000

C $ 100,000

C $ 250,000

NET ASSETS IN 2 OF 5 YEARS

C $125,000

C $ 250,000

C $ 625,000

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Note that because the assessment is made as of the date of interview, it will be necessary to go back at least the most recent 4 years for the above figures, and to be prepared to provide documentation regarding the year to date up to the date of the interview, if necessary to meet the requirement.
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Note that there is no limitation on the type of business that is necessary to be a "qualifying business" for business experience purposes. There appears to be no reason why for example a sole proprietor, or professional such as a medical doctor who owns and manages a clinic would not meet the objective tests to qualify in terms of "business experience", as long as they can demonstrate that they have the "ability to become economically established in Canada".
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It is anticipated that business registration documents, business licenses and proof of income, sales and assets in the form of business tax returns (or in the case of a sole proprietor consolidated personal income tax returns) and financial statements certified by an accountant for the 5 years preceding the application will continue to be required.
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Points Assessment for Investors
A pass mark of only 35 is required to qualify.


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