On March 28th 2025, IRCC published it’s emended guidelines for Start-up Visa processing. Of particular importance is the detailed direction to immigration officers considering work permits and the use of discretion in evaluating the merits of the applications.

This publication specifically addresses discretion for the purpose of presenting stronger applications and the reconsideration of refused applications.

The full text of the emended guidelines is provided on this document.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/start-visa/work-permits.html?utm_source=chatgpt.com

‘More applications received that can be processed’

A growing trend of work permit and permanent residence refusals is affecting Canada’s Start-Up Visa (SUV) Program. Applicants must recognize that IRCC is grappling with significant case backlogs while also managing a reduced number of permanent residence spots for the SUV Program under Canada’s Immigration Plan.

One of the biggest misconceptions about the SUV Program is that simply completing IRCC’s document checklist guarantees approval for a work permit or permanent residence. This is far from the truth. IRCC officers have broad discretion in assessing additional factors, including the viability of the business, the qualifications of co-founders, and whether the applicant has a genuine intention to establish their business in Canada.

‘Holding a certificate doesn’t guarantee approval’

Receiving a Commitment Certificate is just the first step—it does not guarantee a work permit or permanent residence. The most significant challenge applicants face is the discretionary power of the immigration officer reviewing their applications.

Refusals are not only possible but explicitly outlined in IRCC’s guidelines. Here are three key areas where officers exercise this discretion:

‘Demonstrating Significant Benefit is critical’

R205(a) – Significant Benefit to Canada

• A designated entity’s support does not automatically mean your work will benefit Canada.
• Officers assess if your presence will yield tangible benefits—economic, social, or cultural.
• This is a forward-looking, subjective test.
• Officers consider:
  • Feasibility of the business
  • Credibility of your role
  • Potential long-term impact

‘Ability to perform the job duties’

R200(3)(a) – Ability to Perform the Work

• Applicants must prove they have the education, skills, and experience to fulfill their proposed role.
• A strong business plan is not enough.
• Officers look for:
  • A clear link between your background and your duties
  • Language proficiency to carry out the work
  • Evidence of past relevant performance
• Disconnection between stated role and real qualifications = possible refusal.
• Inadequate language ability can also be cited as a refusal ground.

‘Strengthening ties to home-country’

R200(1)(b) – Intention to Leave Canada

• Despite the doctrine of Dual Intent, applicants must show they’ll leave Canada if required.
• Officers assess:
  • Home country ties
  • Financial independence
  • Contingency plans if PR is denied or business fails
• Weak evidence on intent to leave = reason for refusal.

‘Be proactive to succeed’

Bottom Line:

• Officer discretion is real and powerful—don’t underestimate it.
• Even with a solid application, proactive, evidence-driven submissions are essential.
• Automatic approvals? Not in this program.

Strategic Considerations

It is critical for applicants to anticipate the degree of scrutiny their applications will be subjected to, and prepare beforehand to address anticipated issues.

• Demonstrate Tangible Benefits to Canada
  • Simply having a designated entity’s support is not enough; applicants must show clear economic, social, or cultural benefits to Canada.
• Showcase Relevant Experience and Skills
  • Applicants must provide strong evidence of their education, work experience, and skills that align with their proposed role.
• Ensure Language Proficiency is Well-Documented
  • Language ability is a key factor, and weak proficiency can lead to refusals. Clear proof of language skills should be included.
• Prepare for Officer Scrutiny Beyond the Business Plan
  • A well-structured business plan is necessary but not sufficient. Officers assess feasibility, financial stability, and contingency plans.
• Submit a Proactive, Evidence-Driven Application
  • Given the broad discretion officers have, applications should be detailed, well-documented, and address potential concerns before they arise.

The Complete Updated Guidelines

The Government of Canada has updated its guidelines regarding open work permits for Start-Up Visa (SUV) applicants awaiting permanent residence approval. As of October 3, 2024, essential members of SUV entrepreneurial teams may be eligible for open work permits, allowing them to work with greater flexibility while establishing their business in Canada. Canada.ca

Key Points:

• Eligibility: To qualify, applicants must have submitted a complete permanent residence application under the SUV program and possess a valid Letter of Support from a designated entity confirming their essential role in the start-up.
• Application Process: Applications should be submitted online. While visa-exempt individuals may apply at a port of entry, due to the complexity of these applications, online submission is recommended for consistency and better client service. Canada.ca
• Transition from Employer-Specific Permits: Applicants who applied for an employer-specific work permit before October 3, 2024, can request to have their application reassessed under the new open work permit criteria. This requires submitting a new application and withdrawing the previous one.

The content of this bulletin is for informational purposes only, and is not intended to provide or be relied on as legal advice.