Best Residence by Investment Lawyers in Markham

About Residence by Investment Law in Markham, Canada

Residence by Investment, often referred to as "Investor Immigration," allows individuals and their families to obtain permanent residency in Canada by making a significant financial investment in the country. Markham, as a vibrant and economically active city within the Greater Toronto Area, is a popular destination for investors seeking both business opportunities and high-quality living standards. The primary federal program is the Start-Up Visa program, while the Ontario Immigrant Nominee Program (OINP) also offers business streams that support residency through investment. Residence by investment laws involve federal and provincial regulations and can be complex to navigate, particularly for those unfamiliar with Canadian immigration processes.

Why You May Need a Lawyer

Obtaining residence by investment in Markham involves a multifaceted legal process. Here are common situations where legal assistance is invaluable:

• Application Preparation: Ensuring your documentation, business plans, and financial records meet strict government requirements.
• Understanding Eligibility: Assessing which immigration stream fits your profile and investment intentions.
• Business Compliance: Ensuring your investment and business venture comply with local, provincial, and federal regulations.
• Responding to Inquiries: Effectively handling government requests for additional information or clarifications during the application process.
• Overcoming Refusals: Appealing or reassessing your options if your application is refused or delayed.
• Mitigating Risks: Identifying potential risks such as fraud, misrepresentation, or non-compliance penalties.
• Family Sponsorship Concerns: Navigating rules for including family members in your application.
• After-Residence Requirements: Meeting obligations for maintaining permanent residency or transitioning to citizenship.

Local Laws Overview

Residence by investment in Markham is primarily governed by Canadian federal law, with important provincial considerations:

• Start-Up Visa Program: A federal program that offers permanent residence to entrepreneurs who can create innovative companies, attract investment, and generate jobs in Canada. Applicants must secure funding from a government-designated organization and meet language, business ownership, and settlement requirements.
• Ontario Immigrant Nominee Program (OINP) Entrepreneur Stream: This stream allows Ontario to nominate individuals planning to implement or buy an existing business in the province, including Markham. Substantial personal net worth and investment amounts are required, and a detailed business plan must be presented.
• Business Registration & Regulatory Compliance: Businesses in Markham must adhere to both provincial and local city regulations upon establishment, including licensing, zoning, and tax compliance.
• Permanent Residency Maintenance: After acquiring PR status, residents must fulfill residency obligations (such as residing in Canada for a minimum number of days) to retain their status and eventually qualify for citizenship.
• Other Considerations: Anti-money laundering regulations and thorough due diligence are strictly enforced to ensure legitimate investment sources.

Frequently Asked Questions

What is the minimum investment required for residence by investment in Markham?

Minimum investment levels vary by program. For the OINP Entrepreneur Stream, the minimum personal investment can range from $200,000 to $600,000, depending on the business location and sector. The Start-Up Visa requires securing a minimum investment from a designated Canadian venture capital fund, angel investor group, or business incubator.

Can my family members obtain residency with me?

Yes, most residence by investment pathways allow you to include immediate family members (spouse and dependent children) in your application.

Do I have to live in Markham after obtaining residency?

While there is some flexibility, both federal and provincial programs expect you to reside and operate your business in the location specified in your application, which could be Markham.

What types of businesses qualify for the entrepreneur stream?

Eligible businesses include those that are legally established, economically viable, and contribute to the local economy. Certain businesses, such as those in sexual services, cannabis (non-licensed), and payday lending, may be ineligible.

How long does the residence by investment process usually take?

Processing times vary but typically range from 12 to 24 months, depending on the program, completeness of your application, and security/background checks.

Can I buy an existing business in Markham for immigration purposes?

Yes, purchasing an existing business is permitted under the OINP Entrepreneur Stream, provided the business meets all program and due diligence requirements.

Are there language requirements for these programs?

Yes, you must demonstrate proficiency in English or French. For example, the Start-Up Visa requires proof of CLB level 5 in either language.

What happens if my business fails after I get residency?

If the business fails after permanent residency is granted, your PR status is not automatically revoked. However, you must be able to prove good faith efforts and compliance with program requirements.

Can I eventually become a Canadian citizen through residence by investment?

Yes, after maintaining permanent residency and fulfilling residency requirements, you may be eligible to apply for Canadian citizenship.

What are the most common reasons applications are refused?

Common reasons include incomplete documentation, unclear or insufficient business plans, doubts about source of funds, failure to meet minimum investment or net worth, and lack of compliance with program criteria.

Additional Resources

Here are some helpful resources and organizations relating to residence by investment in Markham, Canada:

• Immigration, Refugees and Citizenship Canada (IRCC) – Governs federal immigration policies and processes, including the Start-Up Visa program.
• Ontario Immigrant Nominee Program (OINP) – Administers the provincial entrepreneur stream relevant to Markham.
• City of Markham Economic Development Department – Supports new business investors with local regulations and resources.
• Law Society of Ontario – Directory of licensed lawyers specializing in immigration and business law.
• Canadian Bar Association – Immigration Law Section offers guidance and refers to trustworthy practitioners.
• Business Improvement Associations (BIAs) in Markham – Provide support for setting up and running businesses locally.

Next Steps

If you are considering residence by investment in Markham, Canada and need legal guidance, consider the following steps:

• Consult with a qualified immigration and business lawyer who has specific experience with residence by investment cases in Ontario and federal immigration pathways.
• Gather all necessary documentation, including proof of net worth, source of funds, and a viable business plan tailored to the Markham business environment.
• Research and review all applicable immigration programs to identify the one that best aligns with your background and goals.
• Be prepared for detailed questions from your legal advisor about your business history, intentions in Canada, and investment strategies.
• Contact relevant government bodies for up-to-date program requirements and ensure your application materials meet the latest regulatory standards.
• Stay aware of important timelines and maintain organized records to support your application process and future compliance requirements.

Engaging a reputable legal professional early can greatly improve your chances of success and help you smoothly navigate the complex process of residence by investment in Markham, Canada.