The new Saskatchewan Immigrant Nominee Program (SINP) Entrepreneur category was announced yesterday (Monday, March 23^rd, 2015) and is open for applications for the first time since 2013.  It is for true entrepreneurs and passive investors need not apply. The new system involves a multi-part application process in which the provincial government selects the best candidates as opposed to the first to apply and then only nominates them for permanent residency once they have satisfied a business performance agreement.  Best candidate selection has obvious benefits to the province and the government indicates the new process is more streamlined.  The downside to applicants is uncertainty.  Rather than meeting a minimum threshold and knowing one qualifies, an applicant now has to wait and hope their application is competitive enough to be selected from the pool. Entrepreneur applicants no longer have to provide the government with a $75,000 deposit, but must now have a higher net worth and make a greater investment.  For businesses in Saskatoon and Regina an applicant will also have to create at least two local jobs that cannot go to relatives. To enter the pool, an applicant must meet the following minimum criteria:

• $500,000 (CAD) minimum net worth;
• minimum three years relevant senior management or entrepreneurial experience in the past ten years; and,
• intent to invest a minimum of $300,000 (CAD) in Regina and Saskatoon or a minimum of $200,000 (CAD) in all other Saskatchewan communities.

The provincial government then scores and ranks the candidates in the pool against a points grid.  Candidates get points for human capital (age, education, language ability etc.), business experience and a business plan. The government then invites the top scoring candidates to apply to the Entrepreneur program for a letter used to obtain a two year work permit and implement the entrepreneur’s business proposal. The entrepreneur must then satisfy a business performance agreement with the provincial government related to their business and can only then apply to the federal government for permanent residency.  This would be the province’s solution to the problem of applicants obtaining permanent residency through a Saskatchewan nomination then promptly leaving Saskatchewan. Under the business performance agreement with the province, entrepreneurs will need to meet at least the following additional requirements in order to earn a nomination for permanent residency:

• own at least one third (33 1/3%) of the equity of a business in Saskatchewan unless your total investment is $1 million CAD or higher;
• provide active and on-going participation in the day to day management and direction of the business; and
• if the business is in Regina or Saskatoon, create two employment opportunities for Canadians or permanent residents in Saskatchewan.  These workers cannot be relatives of the entrepreneur.

We expect the number of points required to actually be selected under the new Entrepreneur program will be much higher than the minimum points to apply under the old system.  We note there is no minimum language requirement, a rarity in immigration categories these days, but language ability is worth points in the application. Please contact us for an assessment of your personal situation against the SINP Entrepreneur points grid, for preparing and managing your Entrepreneur application and for corporate and commercial legal work related to implementing your business plan. About the author: Brett is an associate in the Saskatoon office where he focuses on corporate and commercial law, international business transactions, employer-side immigration, as well as finance and securities service areas. About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.