Guide for Business Applicants - New Brunswick · The Guide for Business Applicants explains how you may apply to the Business ... IMM0008 • Schedule 1 ... You must demonstrate knowledge

Guide for Business Applicants (09-2011)

Guide for Business Applicants New Brunswick Provincial Nominee Program The Guide for Business Applicants explains how you may apply to the Business Applicant category of the New Brunswick Provincial Nominee Program. Forms and instructions for completing your application are included in this guide and available for download on our website at www.gnb.ca/immigration. Consult our web site to make sure you have the current version of this guide and application forms.

The New Brunswick Provincial Nomination Program will consider your application based on criteria outlined in this guide. To determine if you meet the requirements as a Business Applicant, carefully review the information before submitting your application. Successful applicants must:

1. Meet eligibility criteria of the New Brunswick Provincial Nominee Program. 2. Complete an exploratory visit, including an interview in New Brunswick. 3. Have a business plan or proposal approved by an official from the Government of New Brunswick. 4. Obtain a minimum score of 50 points in the selection factors. 5. Make a CDN$75,000.00 conditionally refundable deposit.

The Province of New Brunswick does not charge any fees for applications to the New Brunswick Provincial Nominee Program. The New Brunswick Provincial Nominee Program requires that the fees charged by Citizenship and Immigration Canada be included in the application. The Program has been designed to allow you to complete the application process without paid assistance. All applications are processed according to the same criteria. No priority or special consideration is given to the files prepared by an immigration representative. New Brunswick will select applicants who meet the requirements of the Provincial Nominee Program. Decisions on applications are final and there is no appeal process. Unsuccessful applicants may reapply two (2) years from notice that his/her application has been refused, providing his/her situation changes or they have new information to submit. Applicants also have the option to apply to the Government of Canada immigration programs with New Brunswick as his/her destination. Thank you for considering New Brunswick as your new home in Canada.

All applicants must make a commitment to reside in New Brunswick, with his/her dependents,

to operate a business in New Brunswick and to assume an active managerial role in that business.

Ce guide est également disponible en français

This application guide is provided free of charge by the Government of New Brunswick and is not to be sold.

http://www.gnb.ca/immigration�

Page 2 of 23 Guide for Business Applicants (09-2011)

Table of Contents New Brunswick Provincial Nominee Program ................................................................................. 3 Contact Information ......................................................................................................................... 3 Eligibility Requirements ................................................................................................................... 4 Eligibility Work Sheet for Business Applicants ................................................................................ 5 Eligible Business Options ................................................................................................................ 6 Business Plan Requirements .......................................................................................................... 7 Business Proposal Requirements ................................................................................................... 8 Exploratory Visit Requirements ....................................................................................................... 9 Selection Factors ........................................................................................................................... 10 Conditionally Refundable Deposit ................................................................................................. 12 Application Process for Business Applicants ................................................................................ 14 Eligible Family Members ............................................................................................................... 16 Fees ............................................................................................................................................... 17 Immigration Representatives ......................................................................................................... 18 Frequently Asked Questions ......................................................................................................... 19 Forms to Submit with your Request for an Exploratory Visit • Applicant Information ............................................................................................... NBPNP-001 • Request an Exploratory Visit .................................................................................... NBPNP-006 Forms to Submit with your Application for Permanent Residence • Information Release Form ....................................................................................... NBPNP-002 • Declaration of Commitment to New Brunswick ........................................................ NBPNP-003 • Document Checklist for Business Applicants ...................................................... NBPNP-DCBA • Exploratory Visit Report • Business plan, using the approved template • Application for Permanent Residence in Canada ........................................................ IMM0008 • Schedule 1: Background / Declaration......................................................................... IMM0008 • Schedule 4: Economic Classes – Provincial Nominees • Schedule 4A: Economic Classes – Provincial Nominees • Additional Family Information ....................................................................................... IMM5406 • Use of a Representative, if applicable ......................................................................... IMM5476


New Brunswick Provincial Nominee Program The New Brunswick Provincial Nominee Program (NBPNP) is a provincial immigration program made possible through an agreement with the Government of Canada. As an economic program, the New Brunswick Provincial Nominee Program seeks immigrants who have the qualifications and resources to live in New Brunswick and make a positive contribution to the provincial economy. New Brunswick recruits and nominates qualified business people from around the world who have the intent and ability to move to New Brunswick and establish a business, purchase a business or become partners in an existing business. The Provincial Nominee Program accelerates the immigration process by providing a Certificate of Nomination to Citizenship and Immigration Canada (CIC) which can lead to faster processing of a permanent resident application by the Government of Canada. Nominations are granted at the sole discretion of the Government of New Brunswick. A nomination certificate does not guarantee the issuance of a permanent resident visa by Citizenship and Immigration Canada. If you are nominated by the Government of New Brunswick, your application is forwarded to a Citizenship and Immigration Canada visa office for further evaluation and final decision on permanent resident status. You must meet all Canadian immigration regulations including a medical examination and security and criminal checks. Successful applicants and dependent family members will each receive a permanent resident visa from Citizenship and Immigration Canada. Final decisions on permanent resident visas are the sole responsibility of Citizenship and Immigration Canada. Business applicants must submit a Business Plan or Business Proposal that is deemed to be of economic benefit to New Brunswick. Details are outlined in this guide. A Business Plan provides details on how applicants will develop and operate a specific business in New Brunswick. Particular consideration will be given to applicants with business plans that create new employment for Canadian residents, other than family members. A Business Proposal may be submitted as an alternative to a formal business plan in cases where applicants require more time to explore business opportunities before choosing a specific business.

Contact Information Mailing Address Population Growth Secretariat New Brunswick Provincial Nominee Program 520 King Street, Suite 850 P.O. Box 6000, Fredericton, New Brunswick Canada E3B 6G3 Telephone 001 (506) 453-3981 Fax 001 (506) 444-6729 E-mail [email protected] Web site www.gnb.ca/immigration Business hours Monday to Friday, 8:15AM – 4:30PM Atlantic Time Closed Saturday, Sunday and statutory holidays

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Eligibility Requirements To be considered for permanent residence through the New Brunswick Provincial Nominee Program, you must meet the following eligibility requirements.

1. You will demonstrate prior management experience in a business context, with significant decision-making responsibility, as a business owner, or senior manager. You must show a link between your business and management experience and the skills needed to operate your business in New Brunswick. You will be evaluated on your management experience.

2. You must provide strong evidence that you will live in New Brunswick with your dependents, establish a

business in New Brunswick and assume an active managerial role in the business. An Immigration Program Officer must be convinced of your commitment to live in New Brunswick and conduct business in New Brunswick before recommending nomination. You will be evaluated on your connection to New Brunswick.

3. You will visit New Brunswick for a period of no less than five (5) business days, to conduct extensive research on the business environment and then complete an interview with an Immigration Program Officer from the New Brunswick Provincial Nominee Program. You will be evaluated on research you have conducted throughout the immigration process.

4. Your business plan or business proposal must be of economic benefit to New Brunswick, and must be approved by an Immigration Officer of the Government of New Brunswick. Business Plan applicants must control a percentage of equity in the qualifying business, equal to or greater than 33.33%. You will be evaluated on the relevance of your business plan or business proposal.

5. You will provide a verified personal net worth (value of total assets, less the value of total liabilities) of at least

CDN$300,000.00. This includes the minimum required investment of CDN$125,000.00 to start the business and provision for the successful settlement and support of dependent family members for up to two (2) years without third party assistance. The actual amount of funds required will depend upon the planned business venture in New Brunswick. Your financial assets will be reviewed during the immigration process.

6. You must demonstrate knowledge of English and/or French. Language skills will be assessed during your

interview. You will be evaluated on your language skills.

7. Prior to nomination by the New Brunswick Provincial Nominee Program you must make a CDN$75,000.00 conditionally refundable deposit. Details are outlined in this guide.

Persons with an active request for refugee status with the Government of Canada are not eligible to apply for permanent resident status through the New Brunswick Provincial Nominee Program. Applicants who intentionally misrepresent themselves or commit acts of fraud in his/her application for permanent residence will be rejected by the New Brunswick Provincial Nominee Program.


Eligibility Work Sheet Successful applicants must meet eligibility criteria, have a business plan or business intention plan approved by a New Brunswick government official and obtain a minimum score of 50 points under the selection criteria before nomination will be considered. To determine if you are eligible to apply for permanent residence through the New Brunswick Provincial Nominee Program complete the following self assessment worksheet. If you answered yes to all of the questions then you may be eligible for nomination.

Eligibility Criteria Yes No Do you have proven management experience in a business context, with significant decision-making responsibility as a business owner or senior manager?

Is your business plan or business proposal of economic benefit to New Brunswick?

Can you demonstrate a commitment to establishing a business in New Brunswick, assuming an active managerial role in the business; and living in New Brunswick, with your dependents?

Are you willing to visit New Brunswick for a period of no less than five (5) business days, to conduct extensive research and to meet with government officials to discuss the business?

Is your personal net worth sufficient to relocate yourself and dependent family members to New Brunswick and to complete the first phase of your business without third party assistance?

Are you willing to make a CDN$75,000.00 conditionally refundable deposit to the New Brunswick Provincial Nominee program prior to nomination?

Are you between the ages of 21 and 55 years?

Do you have working knowledge of English and/or French?

Did you make a minimum score of 50 points in the selection factors?


Eligible Business Options Within two (2) years of landing you must be operating your business in New Brunswick. You have three (3) options when considering a business in New Brunswick:

1. Starting a new business. If you have a great business idea and are ready to work hard to build it from the ground up, then you may wish to start your own business. Extensive research is required to develop a profitable business.

2. Entering into a partnership with a New Brunswick business person. Before finalizing a partnership agreement,

make sure your investment is protected and your obligations and roles are clearly defined. Seek independent legal advice – do not use the same lawyer as your partner. Partnerships must meet all Government of Canada requirements under the Immigration and Refugee Protection Act (IRPA) with regard to the Provincial Nominee Program.

3. Purchasing an existing business. Make sure you have all the background information on the existing business

including financial statements prepared by a professional accountant for the past three (3) years, to determine if the business is stable. Ask an independent accountant to verify the financial information. Discuss the business opportunity with sources that are not connected with the seller. Make sure there are no potential problems that may hinder future growth. Try to determine why the seller wishes to sell the business. Consult your own lawyer before signing a contract – do not use the same lawyer as the seller.

The choice is yours but make sure your final decision is based on trustworthy information – never rely on the opinion and advice of only one or two persons. Professional help and assistance by persons not directly involved with the business option must be sought. Most businesses in New Brunswick are small to medium sized and family owned, but we also have some large companies that have their headquarters in our province. We have businesses that serve local, regional and international markets. A large number of our businesses are involved in exporting, mainly to the United States. There are many helpful websites such as www.canadabusiness.ca/nb and www.canadaone.com. Additional help can be obtained through local and regional development agencies including the Community Business Development Corporation – CBDC (www.cbdc.ca) and the Enterprise Network (www.enterprise-entreprise.ca). For further information on New Brunswick’s business environment, including key business sectors, refer to the government website of Business New Brunswick: www.gnb.ca/business. For specific information on the tourism sector refer to: www.gnb.ca/0397. For information on agriculture and aquaculture visit: http://www.gnb.ca/0027/Index-e.asp. Many businesses advertise for employees in the newspaper or online through job search websites including www.jobbank.gc.ca. In New Brunswick www.nbjobs.ca is popular. Every type of business in New Brunswick has its own requirements for permits and licences. To increase your understanding you should become familiar with the assistance provided by Service New Brunswick at www.snb.ca and www.snb.ca/bizpal/.

Immigration Program Officers do not provide advice on specific businesses.

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Business plans that borrow too much information from

other business plans tend to be disjointed, with some

sections contradicting others and some key issues being

overlooked. These business plans will be rejected.

Business plans that borrow too much information from

other business plans tend to be disjointed, with some

sections contradicting others and some key issues being

overlooked. These business plans will be rejected.

BEFORE WRITING YOUR BUSINESS PLAN, WE STRONGLY RECOMMEND YOU REVIEW THE INFORMATION AVAILABLE AT CANADA BUSINESS SERVICE CENTRE.

WWW.CANADABUSINESS.CA

Business Plan Requirements A business plan is ideal for applicants who know the business they will operate in New Brunswick.

A business plan is your most important tool to starting, building and managing a successful business. It is a written document that explains how the business will operate and describes the future path of a business. A good business plan clearly identifies and defines the goals of a business and precisely outlines the strategy for achieving the goals.

A well prepared business plan can help to make a good business credible, understandable, and attractive to someone who is unfamiliar with the business. Writing a business plan can not guarantee success, but it can go a long way toward reducing the odds of failure.

There are undeniable benefits to preparing a business plan, namely it: 1. Makes you think about your business, research options, recognize

opportunities and risks, and test some of your expectations. 2. Helps you determine the cash needs of your business. 3. Equips you to seek financing from banks and/or investors, and 4. Provides a benchmark against which to compare the progress and

performance of your business. Development and implementation of the business plan is your responsibility and you are expected to demonstrate due diligence throughout the process. The more information you gather about the potential demand for your product or service, about your competitors, about the needs and wants of your prospective customers, the more successful you are likely to be. Write your own business plan. A common mistake is to copy too much information from a sample business plan. Your plan must reflect your objectives and flow like a good story with the sections working together to demonstrate why and how the business will be successful. Business plans that borrow too much information from other business plans tend to be disjointed, with some sections contradicting others and some key issues being overlooked. These business plans will be rejected. Do not hesitate to seek outside assistance from consultants, accountants, bookkeepers, copy editors and other experienced people.

A business plan is dynamic, each business plan is different and your business plan should reflect the unique characteristics of your business. Although business plans vary in terms of length and scope, a typical business plan is 15-20 pages. All successful business plans contain common elements. Carefully documenting the sources of information in your business plan will reduce the time required by an Immigration Program officer to complete the evaluation.

An approved business plan template, must be used by all applicants, is available at www.gnb.ca/immigration.



Business proposals

that reflect the reality of the business

environment in New Brunswick will be processed more

quickly.

BEFORE WRITING YOUR BUSINESS PROPOSAL, WE STRONGLY RECOMMEND YOU REVIEW THE INFORMATION AVAILABLE AT CANADA BUSINESS SERVICE CENTRE.

WWW.CANADABUSINESS.CA

Business Proposal Requirements A Business Proposal may be submitted as an alternative to a formal business plan, in instances where applicants and his/her dependents display a full commitment to living and working in New Brunswick, but require more time to explore the business opportunities relating to his/her interest, experience, and resources before choosing a specific business venture. You are welcome to submit more than one business option with your proposal. Each business option must be well presented and relevant to the New Brunswick business environment. As part of a proposal you must demonstrate that you have a clear understanding of how to establish a business even though you have not decided on a specific venture. Development and implementation of the business proposal is your responsibility and you are expected to apply due diligence throughout the process. The more information you can gather about the potential demand for a product or service, about competitors, about the needs and wants of prospective customers, the more successful you are likely to be. Write your own business proposal but do not hesitate to seek outside assistance from consultants, accountants, bookkeepers, copy editors and other experienced people with the knowledge to help you succeed in New Brunswick. Wherever applicable you must provide the source for your information.

An approved business plan template, must be used by all applicants, is available at www.gnb.ca/immigration.



Exploratory Visit Requirements As a first step toward nomination under the New Brunswick Provincial Nominee Program, business applicants are required to make at least one (1) exploratory visit to New Brunswick prior to submitting a formal application under the New Brunswick Provincial Nominee Program. The exploratory visit must be for a minimum of five (5) business days. Travel to and from New Brunswick and statutory holidays should not be included in the five (5) days. For details on statutory holidays visit: www.gnb.ca//0370/0370/0007/index-e.asp. To determine if you qualify for an exploratory visit to New Brunswick you must submit the documents requested on the Document Checklist: Exploratory Visit (NBPNP-006). The purpose of the exploratory visit is to:

1. Conduct in-depth research on the New Brunswick business environment and develop an understanding of North American business customs. Your research should include the identification of business opportunities and associated costs, labour requirements, competition, customers, suppliers, location and market trends, etc. During the exploratory visit you must meet with a number of stakeholders including, but not limited to:

• New Brunswick businesses. • Regional economic development offices. • Industry associations. • New Brunswick based ethnic/cultural associations. • Stakeholders who can assist with business networking and social integration. • Commercial and/or residential real estate firms. • Business brokers. • Accounting firms that provide advice on business organizations, evaluations, book keeping and

taxation. • Legal firms that provide assist with legal transfers, purchase agreements, etc. • Commercial bankers. • Chamber of Commerce.

2. Participate in an interview with a senior official from the Government of New Brunswick. Interviews are all held

in Fredericton, New Brunswick and are conducted at the end of the exploratory visit. You will be evaluated on your language skills, knowledge of New Brunswick, and its business environment and your business/management experience. Officers will make a determination about your suitability for applying for immigration under the New Brunswick Provincial Nominee Program.

You must be well prepared for the interview. When it is evident that you have not conducted extensive research prior to visiting New Brunswick and during the exploratory visit, you will be asked to participate in a second exploratory visit to gather additional data and have further opportunity to consult with stakeholders. The exploratory visit and interview will not be waived. It is your responsibility to request the interview in advance of the planned visit.

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Selection Factors - Business Applicants Only If eligibility criteria have been met and the business plan or business proposal has been approved, you will be assessed according to selection criteria for five (5) factors: age, language skills, education, adaptability and business experience. A minimum of 50 points is required. If there is a difference between the score that you assign yourself and the score assigned by the New Brunswick Immigration Program Officer, the Officer’s assessment will prevail. 1. AGE Applicants must be between the ages of 21 and 55. Your age is considered as of the day the application for permanent residence is opened at the Provincial Nominee office.

Age 21-24 25-44 45-50 50-55

Points 4 10 8 6

SCORE (Maximum 10 points)

2. LANGUAGE Applicants who are fluent in English or French will receive a score of 10 points; if fluently bilingual in English and French, a bonus of five (5) points will be added, for a total of 15 points. Otherwise, scoring will be based on your ability to speak, read and write English and/or French. An applicant who cannot speak, read or write either English or French, or both, at a basic level may be disqualified.

Skill Speaking Ability English or French

Second Language

High Can communicate effectively in most social and work situations 8 to 10 4 to 5

Moderate Can communicate comfortably in familiar social and work settings 5 to 7 1 to 3

Basic Can communicate, with some difficulty, in predictable situations and on familiar topics 3 to 4 0

SCORE (Maximum 15 points) 3. EDUCATION Points will be awarded for the highest level of education completed by the applicant.

Highest level completed Requirements Points

Secondary school Diploma, certificate or equivalent 10

Trade, apprenticeship or occupational certification

At least two (2) years full-time post-secondary training or completed a university degree or its equivalent that required at least three (3) years of full-time study.

15

Post-graduate university studies or their equivalent

Master’s or Doctorate degree or has acquired a post-degree professional designation or Master Trade designation. 18



4. ADAPTABILITY Prior to assigning points for adaptability, Applicants must satisfactorily demonstrate his/her genuine intention and ability to successfully settle in New Brunswick.

Family Applicant, or spouse/common-law partner, has a son, daughter, brother, sister, mother, father, child, grandparent, aunt, uncle, niece or nephew living in New Brunswick as a Canadian citizen or permanent resident.

10

Education Applicant completed at least one (1) year of post-secondary education in NB OR 5

completed at least two (2) years of post-secondary education in NB 10

Employment (Applicant and spouse)

Applicant worked in New Brunswick for at least one (1) of the last five (5) years OR 5

worked in New Brunswick for at least two (2) of the last five (5) years 10 Spouse has worked in New Brunswick for at least six (6) months in the last calendar year. 5

Research Applicant demonstrates knowledge of the business sector he/she is interested in pursuing in NB as evidenced during the interview and written documents. 1-5

Business Applicant has conducted substantial business with a New Brunswick based company in the last five (5) years. 5 5

SCORE (Maximum 25 points) 5. MANAGEMENT EXPERIENCE Management experience will be evaluated during the interview in New Brunswick. Years of Experience

Number of years the Applicant has owned a business or worked as a senior manager in a business setting during the last five (5) years.

If experience is not directly related to the intended business in New Brunswick, only half the points are awarded.

Years 2 years 3 years 4+ years

Points 4 8 10

Management Skills

An assessment of the Applicant’s management skills in three (3) of the past five (5) years prior to submitting the application.

Keys areas of responsibility

Applicant must demonstrate proven management experience in planning, leading and organizing people, within a group, to achieve business goals.

Finance Sales and marketing Human resources Operations

2 2 2 2

Management of full-time employees

Include only employees that report directly to the Applicant

10, or more 9, or less

4 2

Authority for decisions

Applicant must be involved in the decision making of the company

Business owner Senior Manager

6 4


YOUR TOTAL SCORE


Conditionally Refundable Deposit An applicant to the New Brunswick Provincial Nominee Program must be prepared to invest in a business in New Brunswick and take an active role in managing the business. A conditionally refundable deposit of CDN$75,000.00 is required from all approved Business applicants as a guarantee of his/her commitment to living and doing business in New Brunswick. The deposit is made to the Government of New Brunswick after a business application is approved, prior to nomination. A deposit agreement contract and details for making the payment are included when a letter of approval is sent to the applicant (and representative or lawyer, if requested). The business must be established within two (2) years of the Nominee landing in New Brunswick and reporting to Population Growth Secretariat, and have been operated and actively managed by the Nominee for one (1) year before application for refund can be submitted. Extensions will be considered on a case by case basis and must be approved in advance by the New Brunswick Provincial Nominee Program. No interest will be paid on the deposit. Partial Release of the Refundable Deposit A portion of the refundable deposit, to a maximum of CDN$30,000.00, may be released to applicants within the two (2) year period that the funds are held, provided the following conditions are met:

1. Applicant and dependent family members are permanent residents of New Brunswick. Proof of residency is required. A “resident” means a person lawfully entitled to be or to remain in Canada, who makes his home and is ordinarily present in New Brunswick, but does not include a tourist, transient or visitor to the Province of New Brunswick.

2. The business has been duly registered or incorporated. 3. A Partnership Agreement has been duly finalized and signed by all parties (if applicable). 4. Business location has been established (purchased or leased). 5. Business is operating and you have assumed a day-to-day managerial role in the business. 6. Proof of a minimum CDN $65,000.00 business investment has been made. Private and non-business related

investments do not qualify. Expenses that may be considered for a partial refund include:

1. Purchase of land and/or building for business purposes. Appropriate zoning must be in place. 2. Expenses for business property or leasehold improvements. 3. Moving costs for devices, equipment and goods required for business operation. 4. Purchase of manufacturing equipment. 5. Purchase of raw materials, components and/or supplies. 6. Purchase of tools and devices required to conduct business activity. 7. Purchase of furniture and equipment required to operate a business in the hospitality sector. 8. Purchase of a vehicle that is primarily used for business purposes. The amount must be pro-rated to reflect

actual business use and a log similar to that used for income tax purposes will be required. 9. Purchase of computers and similar equipment. 10. Purchase of office equipment. 11. Expenses for professional services in connection with establishing the business. 12. Expenses for marketing and promotions. 13. Purchase of initial inventory.

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Investments and expenses that are not eligible for partial or final refund include:

1. Purchase of private residence (see note) and home furnishings. 2. Expenses associated with private residence improvements. 3. Purchase of vehicle to be used primarily for personal purposes. 4. All personal expenses.

Note on private residences: home based business ventures are permitted, provided the minimum investment of CDN$125,000 is met. Please note that with an in-home based business venture, the expense of a private home does not qualify for the partial refund. However, for such ventures the New Brunswick Provincial Nominee Program will consider 10% of the total home purchase price, including improvements and renovations, to a maximum of CDN$ 20,000, as an eligible expense for the final refund. The Deposit Agreement covers the conditions for a final refund of the conditionally refundable deposit. For expense eligibility questions, please contact the New Brunswick Population Growth Secretariat. Approval must be obtained prior to the investment and/or purchase; all rulings made by Immigration Officers are final.


Application Process for Business Applicants STEP #1 Complete the Eligibility Worksheet

Applicants that meet the eligibility criteria may request an exploratory visit. STEP #2 Request an Exploratory Visit

An exploratory visit to New Brunswick for a minimum of five (5) business days is required prior to applying under the New Brunswick Provincial Nominee Program. Submit the forms and supporting documents as indicated your Request an Exploratory Visit (NBPNP-006).

STEP #3 Screening of your Request for an Exploratory Visit

After your documents have been screened by representatives from the New Brunswick Provincial Nominee Program and, if it appears that you meet the criteria of the program, you will be encouraged to make an exploratory visit to New Brunswick.

Applicants who need a Temporary Resident Visa (TRV) to visit Canada will receive a Notice of Appointment letter from the Population Growth Secretariat. The letter will be mailed directly to you or your representative and not to the visa post. When making application for a Temporary Resident Visa to the Government of Canada you should include this letter. Granting of Temporary Resident Visas is the responsibility of the Government of Canada and their decision is final.

STEP #4 Participate in the Exploratory Visit

Applicants must place a strong emphasis on activities that have a direct impact on the development of a comprehensive and viable business plan or business proposal. You are responsible for developing your travel itinerary and appointments in New Brunswick.

When you are ready to schedule your trip to New Brunswick (after you have obtained your temporary resident visa, if required), contact the New Brunswick Provincial Nominee Program to schedule the interview. During the interview applicants must demonstrate that they have gathered sufficient information to develop a business plan or business proposal.

STEP #5 Prepare the Application – Forms and Supporting Documents

Pending the outcome of the interview, applicants may be encouraged to submit an application for permanent residence. The application will include provincial and federal government immigration forms and supporting documents.

Collect the documents needed to support your application. Use the checklist to verify that you have all of the required forms and documents. If you do not fully complete and sign the forms and provide all supporting documents, the application will be returned without processing. When you submit your application for permanent residence you must also submit an Exploratory Visit Report. The report should include a detailed record of businesses and organizations contacted during your visit to New Brunswick. You must include the name of persons consulted and provide a summary of the topics discussed. A template is provided in this guide. Many Canadian Visa Offices have specific requirements and applicants must determine where his/her application will be processed. Instructions can be found on the Citizenship and Immigration Canada web site at http://www.cic.gc.ca/english/immigrate/provincial/apply-application.asp#visa_offices.

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STEP #6 Submit the Application for Permanent Residence The completed application should be sent to the: Population Growth Secretariat New Brunswick Provincial Nominee Program HSBC Place, P.O. Box 6000 520 King Street, Suite 850 Fredericton, New Brunswick Canada E3B 6G3 Applications received later than six (6) months from the date of the interview will not be processed. The New Brunswick Provincial Nominee program may request additional information at any time during the application process.

STEP #7 Complete a Deposit Agreement

When an application is accepted for nomination, the applicant will be instructed to sign a Deposit Agreement and pay a CDN$75,000.00 conditionally refundable deposit to the Government of New Brunswick.

STEP #8 Application is submitted to a Canadian Visa Office

Upon receipt of the deposit, the application for permanent residence will be submitted to the Canadian Visa office that services your country. The Canadian Visa office will instruct you on medical examinations and security clearances and, upon favourable results, issue your immigration visa for permanent residence.

STEP #9 Immigrate to New Brunswick

When you arrive as a Permanent Resident of New Brunswick, please contact the New Brunswick Provincial Nominee Program to schedule an appointment with an Immigration Program Officer.

STEP #10 Establish the Eligible Business and Ask for a Refund of Deposit

You must establish your business and fulfill the investment requirements as outlined in your Deposit Agreement within two (2) years of landing. Once your investment in the business you proposed has been verified, your CDN$75,000.00 cash deposit will be returned to you.







Eligible Family Members The following family members may be included in your application for permanent residence:

(a) the spouse or common-law partner of the person; (b) a dependent child of the person or of the person’s spouse or common-law partner; and (c) a dependent child of a dependent child referred to in paragraph (b).

Definitions Relative means a person who is related to another person by blood or adoption Marriage, in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law. Common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one (1) year. Dependent child in respect of a parent, means a child who:

(a) has one of the following relationships with the parent, namely,

(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or

(ii) is the adopted child of the parent; and

(b) is in one of the following situations of dependency, namely,

(i) is less than 22 years of age and not a spouse or common-law partner, (ii) has depended substantially on the financial support of the parent since before the age of 22 — or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner — and, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student

(A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and

(B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or

(iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.

Definitions were taken from the Immigration and Refugee Protection Regulations (SOR/2002-227), available at: http://laws.justice.gc.ca/en/I-2.5/SOR-2002-227/index.html.

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Fees There are no application fees for the New Brunswick Provincial Nominee Program, however you must pay the processing and right of permanent residence fees charged by Citizenship and Immigration Canada (CIC). Complete this page and submit it with your Citizenship and Immigration Canada processing fee payment. Citizenship and Immigration Canada Processing Fee The Citizenship and Immigration Canada processing fee is non-refundable whether your application is approved or not. You will be advised by the New Brunswick Provincial Nominee Program when to pay the CIC processing fee. The fee must be paid by the principal applicant and each accompanying family member. Use the table below to calculate the amount required in Canadian dollars.

CIC PROCESSING FEES Number of Persons

Amount per Person

Amount Due

Principal applicant 1 $550 $550

Spouse or common-law partner 1 $550 $

Each dependent child who is 22 years of age or older or who is married or in a common-law relationship, regardless of age

$550 $

Each dependent child under 22 years of age and not married or in a common-law relationship

$150 $

Total $ Citizenship and Immigration Canada Right of Permanent Residence Fee The Right of Permanent Residence fee is $490 per person for each of, the principal applicant and spouse or common-law partner (if applicable). Dependent children are exempt. You will need to pay this fee directly to Citizenship and Immigration Canada before your application for permanent residence can be finalized. The Canadian Visa Office that processes your application will send you a request to pay this fee when they are ready to issue the permanent resident visa. Canadian Visa Office Specific Information Each Canadian visa office has specific requirements for how processing fees are to be paid. For details refer to the Canadian visa office where your application will be submitted at http://www.cic.gc.ca/english/information/offices/missions.asp. Additional fees You and your family members must also pay for medical examinations and police clearances.

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Immigration Representatives

You do not need to hire an immigration representative to help you with your application to the New Brunswick Provincial Nominee Program (NBPNP). If you follow the instructions on the application guide, you can complete the forms and submit them on your own. All the forms and information that you need to apply for permanent resident status are available for free on our website.

If you choose to hire an immigration representative your application will not be given special attention or receive faster processing. Using an immigration representative will not guarantee approval.

There are two types of immigration representatives: paid and unpaid. The Government of New Brunswick will only deal with paid representatives who are members of one of the following designated bodies:

• lawyers and paralegals who are members in good standing of a Canadian provincial or territorial law society;

• notaries who are members in good standing of the Chambre des notaires du Québec; and, • immigration consultants who are members in good standing of the Immigration Consultants of Canada

Regulatory Council.

If you hire an immigration representative who is not a member of one of the designated bodies listed above your application will be returned to you.

Unpaid third parties, such as family members, friends, non-governmental or religious organizations are allowed to act on your behalf.

If you wish to use the services of a representative you must complete the Use of a Representative (IMM 5476) form and include it with your application.

To protect your privacy, we will not share any of your personal information with your consultant, lawyer, and other representative unless you have named them in the Use of a Representative (IMM 5476) form.

Remember – even if you hire an immigration representative you are responsible for all the information in your application. If the information on your application is false or misleading, you will be refused by the program.

As of June 30, 2011, the Immigration Consultants of Canada Regulatory Council (ICCRC) is the regulator of immigration consultants. Immigration consultants in good standing with the Canadian Society of Immigration Consultants (CSIC) on June 30, 2011, can begin to register with the ICCRC. For more information, visit www.cic.gc.ca/english/information/protection/antifraud.asp.

Please remember:

• You do not need to hire an immigration representative to apply for immigration through the program. • Immigration representatives do not have special connections with New Brunswick government officials

and cannot guarantee approval. • Providing false documents will result in the refusal of your application. • You will find free application forms and guides on our website at www.gnb.ca/immigration. • Publicly-funded settlement services are available to permanent residents living in New Brunswick.

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Frequently Asked Questions What about the Provincial Nominee Program?

What is the New Brunswick Provincial Nominee Program for Business Applicants? The New Brunswick Provincial Nominee Program (NBPNP) is a provincial immigration program made possible through an agreement between the Government of New Brunswick and the Government of Canada. The Program allows New Brunswick to play an active role in selecting immigrants to meet specific economic and labour market needs.

What is a provincial nominee? A provincial nominee is an individual whose application for permanent residence has been approved by the Government of New Brunswick and forwarded to a Citizenship and Immigration Canada visa office for final decision. Nominees receive a confirmation letter when his/her file is sent to the visa post.

Who is eligible to apply to the New Brunswick Provincial Nominee Program as a Business Applicant? To be considered under the New Brunswick Provincial Nominee Program, a business applicant must have a business plan or business proposal approved by a New Brunswick official that is deemed to be of economic benefit to the Province.

How do I know if I qualify for the New Brunswick Provincial Nominee Program? When eligibility criteria have been met and the business plan or business proposal has been approved, then you will be assessed according to selection criteria for five (5) factors: age, language skills, education, adaptability and business experience. Refer to the section titled Selection Factors for more information.

Where can I get information and forms to apply to the New Brunswick Provincial Nominee Program? Information is available on the New Brunswick provincial Nominee website at www.gnb.ca/immigration.

I have recently submitted an application to the Provincial Nominee Program. What happens next? If your file is well prepared, you will receive an e-mail notice confirming your application has been received along with a request for additional information, within 40 business days of receiving your application. If your file is incomplete your application will be returned to you along with a checklist of missing or incomplete information and documents.

If I am nominated by New Brunswick, does that guarantee my immigration to Canada? Nomination under the New Brunswick Provincial Nominee Program does not constitute approval of your application for immigration to Canada. Final authority to issue immigration visas rests solely with Citizenship and Immigration Canada.

How long will it take to receive a final decision on my application for permanent residence? Processing times vary, however, successful provincial nominee applicants typically receive permanent resident status considerably faster than individuals applying through other immigration programs. To speed up the processing times you must follow the step-by-step instructions outlined in the Guide for Business Applicants and accompanying forms.



If I wish to apply for nomination must I hire an immigration representative? It is not necessary to hire an immigration representative or lawyer to help you complete your application. Every effort has been made to make the process simple and straight forward. You will find all the instructions and forms at www.gnb.ca/immigration. The Government of New Brunswick treats everyone equally, whether you use the services of a representative or not. If you do choose to use a representative you must select an authorized representative. For additional information refer to the Immigration Representatives section in the Guide for Business Applicants.

Can I start to dispose of my assets before getting my permanent residence visa? Do not quit your job or dispose of your assets until Citizenship and Immigration Canada has rendered a final decision on your application for permanent residence.

If my application is declined, can I appeal the decision, or if not, can I apply again? New Brunswick will select applicants who meet the requirements of the Provincial Nominee Program. Decisions on applications are final and there is no appeal process. Unsuccessful applicants may reapply two (2) years from notice that his/her application has been refused, providing his/her situation changes or they have new information to submit. Applicants also have the option to apply to the Government of Canada immigration programs with New Brunswick as his/her destination. I have applied for refugee status in Canada. Can I also apply to the New Brunswick Provincial Nominee Program? No. Applications for individuals who have an active refugee claim will not be processed under the New Brunswick Provincial Nominee Program.

Can I apply to the New Brunswick Provincial Nominee Program if I have been refused under another provincial or federal immigration program? Yes you can still apply. You must advise the Provincial Nominee Program of the refusal and provide copies of all correspondence related to the refusal. The correspondence must include sufficient information to allow the Immigration Program officer to evaluate the reasons for your refusal. If I have dependants, relatives or friends living somewhere else in Canada will that cause my application to be automatically refused? In the Declaration of Commitment to New Brunswick (NBPNP-003) applicants declare that they understand that the Government of New Brunswick only nominates individuals who intend to live in New Brunswick along with his/her dependent family members. The Provincial Nominee Program requires applicants to demonstrate a strong commitment to meeting the residency requirement whether the applicant has or does not have dependents, relatives or friends in another province. Having friends or relatives in another province does not automatically cause an application to be refused. However, the program must be convinced that the applicant will not come to Canada and reside in the province where those friends or relatives currently reside. It is up to the applicant to convince the program of his/her sincerity to relocate to New Brunswick.

What about the Exploratory Visit to New Brunswick?



Must I make an exploratory visit before submitting my application for permanent residence? Yes. As a first step toward nomination, principal applicants are required to make at least one (1) exploratory visit to New Brunswick prior to submitting a formal application to the New Brunswick Provincial Nominee Program. The visit must be for a minimum of five (5) business days, or longer. Travel to and from New Brunswick and statutory holidays should not be included in the five (5) days. Will I be interviewed by an Immigration Program Officer with the New Brunswick Provincial Nominee Program? Yes, you will participate in an interview with an official from the Government of New Brunswick. Interviews are all held in Fredericton, New Brunswick and are conducted at the end of the exploratory visit. The interview will not be conducted on or before day five (5) of your visit. If I make an exploratory visit will I automatically be nominated? No, participating in an exploratory visit does not guarantee issuance of a Certificate of Nomination. If I obtain a Notice of Appointment letter, will I be guaranteed a temporary resident visa to come to Canada? Applicants who need a Temporary Resident Visa will receive a Notice of Appointment letter from the Population Growth Secretariat. The letter will be mailed directly to you or your representative and not to the visa post. When making application for a Temporary Resident Visa to the Government of Canada you should include this letter. Granting of Temporary Resident Visas is the responsibility of the Government of Canada and that decision is final.

What about the Application Process?

Should I include all family members in my application? Yes, you should include all family members in your application, whether or not they will accompany you to Canada. Refer to the Eligible Family Members section in the Guide for Business Applicants for a definition of family members. What fees will I have to pay? The New Brunswick Provincial Nominee Program does not charge any processing fees. If you are nominated you are responsible for all Citizenship and Immigration Canada processing fees and Right of Permanent Residence fees. You and your family members must also pay for medical examinations and police clearances. Other fees may apply. Refer to the Fees section of the Guide for Business Applicants. Can I reduce the wait time by contacting the New Brunswick Provincial Nominee Program office? No, contacting our office, whether by e-mail or phone, will slow down your application because limited resources are then redirected to answer your questions rather than process your application. Information on the status of your application will not be provided until the assessment process is complete.


How long does it take for Citizenship and Immigration Canada to process a Provincial Nominee applicant? The New Brunswick Provincial Nominee Program office can not determine how long it will take a federal visa office to finalize your application. Check for information about Citizenship and Immigration processing times at http://www.cic.gc.ca/English/information/times/index.asp.

What can I do to reduce the wait time for a decision from the New Brunswick Provincial Nominee Program? There are several ways to reduce the processing time, including your ability to:

(1.) Present a well written, and complete, business plan or proposal. (2.) Submit forms that are complete and signed. (3.) Make sure your application contains all the necessary documents. (4.) Provide clear photocopies. (5.) Provide certified English or French translations, where indicated. (6.) Provide your complete mailing address, including postal code on all forms. (7.) Read the instructions carefully.

Will I require a medical examination? You and your family members, whether they will be accompanying you or not, must undergo and pass medical examinations. Citizenship and Immigration Canada will provide instructions.

What about the Business Applicant Program?

Is there a deadline to apply for permanent residence? Business applicants must apply for permanent residence within one (1) year of the interview held in New Brunswick. I have never owned a business. Does this affect my chances of qualifying? Applicants must have at least two (2) years minimum experience as a senior manager, with proven decision making responsibilities in a successful business. How do I apply as a business applicant? Business applicants must submit a Business Plan or Business Proposal that is deemed to be of economic benefit to New Brunswick. A Business Plan describes how a specific business will be developed and operated in New Brunswick. A Business Proposal may be submitted as an alternative to a formal business plan in cases where applicants require more time to explore business opportunities before choosing a specific business. What kind of business will be considered? The Provincial Nominee Program offers flexibility in the types of businesses being considered. It is essential that the approved business provides the applicant with a day-to-day management role in the company. How much personal net worth must I have to qualify as a business applicant? You will provide a verified personal net worth of at least CDN$300,000.00. The actual amount of the funds required will depend upon the planned business venture in New Brunswick. This amount includes the minimum required investment of CDN$125,000.00 to start the business and settle your family members for up to two (2) years without third party assistance. Personal net worth is defined as the value of your total assets, less the value of total liabilities.

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How much does the New Brunswick Provincial Nominee Program require me to invest in my business? The amount of investment you make will be determined by the type of business you establish, its size, whether it will be a new business or an existing business or an existing business in which you become an active partner. However, the investment amount must not be lower than CDN$125,000.00. What is a Deposit Agreement? The Deposit Agreement specifies the terms and conditions of your agreement to make a financial investment in a business in New Brunswick. It is intended to ensure that your commitment to live in New Brunswick and manage the day-to-day operations of the business is respected. Any changes to the Deposit Agreement must be discussed and approved in writing by a representative from the New Brunswick Provincial Nominee Program before proceeding. When do I deposit the CDN$75,000.00? The deposit is made to the Government of New Brunswick after a business application is approved and prior to nomination. A Deposit Agreement contract and details for making the payment are included when a letter of approval is sent to the applicant by the New Brunswick Provincial Nominee Program. May I change my plans for my business venture after I arrive in New Brunswick? You may do so only with written approval of an Immigration Program Officer with the Population Growth Secretariat. Contact the Population Growth Secretariat as soon as you think you may have difficulty fulfilling the terms and conditions of your Deposit Agreement. What if I need more than two (2) years after landing to establish my business? Extensions beyond two (2) years may be granted depending on your circumstances and the kinds of activities you undertook within the two (2) year period. Extensions are not automatically granted and require a reasonable explanation as to why the request should be granted. What if I am unable to proceed with my business venture in New Brunswick? If the business plan or proposal does not go ahead, or another approved project is not undertaken, your CDN$75,000.00 deposit may be retained by the Government of New Brunswick.