Removal of Conditions of Permanent Resident Status after Three-Year Wait

Recently a client approached our office seeking help to remove the conditions of landing as an entrepreneur. This client had become a permanent resident of Canada in August 2006 under the Entrepreneur category. In March of 2008, he filed an Application to Remove Conditions as an Entrepreneur in relation to his business in Canada. Immigration confirmed the receipt of his application in the same month. However, the application process remained stagnant despite the client’s efforts contacting the local immigration office.

As required by Canada immigration, persons who have been issued immigrant visas and who come to Canada as entrepreneurs must meet the terms and conditions composed on their landing within two years (three years under the IRPA – new immigration act) of becoming a permanent resident. These terms and conditions include:

  • Invest enough money so that your business makes a significant contribution to the Canadian economy. You must be involved in the day-to-day management of the business.
  • Be able to support your family including children, spouse or common-law partner.
  • The business must create at least one job for a Canadian (other than yourself and your dependents).

This client met the above requirements within two years of his landing. However, the terms and conditions remained for more than three years with little progress towards being removed. Given this kind of situation, our firm contacted a superior body of the Citizenship and Immigration Canada, and the matter was successfully resolved very soon afterward.

What happened in this case is not the norm in the immigration process even though processing times with immigration are not fixed. However, when an unusual situation occurs, a more proactive approach needs to be taken.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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