Introductory Note
On March 28th, 2025, IRCC published its amended guidelines for Start-Up Visa processing. Of particular importance is the detailed direction provided to immigration officers regarding work permits.
This publication highlights key considerations introduced in the guide to help you successfully file your application for permanent residence as a founder listed in the certificate.
🔗 The full text of the amended guidelines is provided in this document:
1. Filing Your PR Application as a Founder Listed in the Commitment Certificate
To maintain eligibility under the Start-Up Visa program, each founder listed as essential in the Commitment Certificate must submit a complete PR application within 6 months of the certificate’s issue date.
Key Filing Tips:
- Ensure all forms are complete and signed
- Upload a valid Letter of Support (IMM 0211) confirming you are an essential team member
- Include proof of settlement funds (minimum 26 weeks)
- Submit all documentation before the Letter of Support expires
- Monitor your Acknowledgement of Receipt (AOR) to confirm that your PR application has been received and is in process
Important Notice: IRCC requires that the Commitment Certificate be delivered directly by the Designated Entity.
Applications filed without it first being sent by the entity will be refused, even with a copy submitted.
Note: This issue is under litigation.
2. Language Testing – Timing and Strategy
IRCC requires that each applicant meet the minimum language threshold (CLB 5) in reading, writing, speaking, and listening.
Tips:
- Test early (IELTS, CELPIP, or TEF)
- Submit scores with your PR application
- Determine language capability before filing for all essential founders
Note: If a designated essential founder cannot pass, the entire group’s applications may be in jeopardy.
3. Group Compliance Checklist for Essential Team Members
Each essential founder must:
- Submit PR application with AOR
- Include valid language test results
- Document required settlement funds
- Upload Letter of Support
- Coordinate filings as a team
Note: If any one essential founder is refused or withdraws, all applications in the group will be refused.
4. Preparing for the Work Permit Application
After PR submission:
- Apply online only (not at the port of entry)
- Provide CLB 5 language results
- Show 52 weeks of liquid funds
- Include a business plan with credible projections
- Pay the required fees:
- $155 (processing)
- $100 (open work permit holder)
- $85 (biometrics)
Note: Work permits for essential members are not automatic.
Officers assess:
- Whether the role creates significant benefit (e.g., jobs, innovation)
- Whether the applicant will leave Canada at the end of the work permit (home country ties are important)
4A. Meeting the Requirements of R205(a): Establishing Significant Benefit to Canada
Under section R205(a) of the Immigration and Refugee Protection Regulations (IRPR), work permits may be issued without a Labour Market Impact Assessment (LMIA) if the applicant can demonstrate that their work:
“would create or maintain significant social, cultural, or economic benefits or opportunities for Canadian citizens or permanent residents.”
As applied to SUV work permits, applicants must clearly demonstrate:
- That their role is essential to the business’s success, as confirmed in the Letter of Support
- That the business has a well-defined and credible plan for job creation or economic impact in Canada
- That the founder possesses specialized knowledge or skills not readily available in Canada
- That the business in Canada will be active, ongoing, and likely to produce tangible outcomes during the work permit period
5. Ability to Perform the Work – A Required Element
Applicants must demonstrate that they are able to perform the duties associated with their business role under R200(3)(a).
Include with your application:
- A current résumé or CV
- Documentation of relevant work experience
- Educational credentials or licenses
- A submission letter explaining how your background supports your role
Reference:
Singh v. Canada (Citizenship and Immigration), 2022 FC 1025
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/527835/index.do
6. Final Advisory
To increase your chances of success:
- File early
- Coordinate as a team
- Keep records — including efforts made in the home country and after arriving in Canada to implement the business
- Immediately notify IRCC of any changes post-filing
- Withdraw non-compliant applications to avoid group refusals
- Consult a professional if unsure about filing steps or documentation
Need a Risk Review?
Our team offers compliance audits and PR-readiness reviews for SUV applicants, designated entities, and legal representatives.
The content of this bulletin is for informational purposes only, and is not intended to provide or be relied on as legal advice.