Start-Up Visa (SUV) Guide for U.S. Founders Moving a Startup to Canada
A&M Canadian Immigration Law Corporation
Start-Up Visa (SUV) Guide for U.S. Founders Moving a Startup to Canada
U.S. citizens and U.S. residents building venture-backed or incubated companies who want permanent residence in Canada.
What the Start-Up Visa Offers
- Direct path to Canadian permanent residence for up to five co-founders on the same venture. You must have a qualifying business, a valid letter of support/commitment certificate from a designated organization (DO), meet CLB 5 in English/French, and show settlement funds.
- Investment/acceptance thresholds:
- Angel: ≥ $75,000 from a designated angel group;
- Venture capital: ≥ $200,000 from a designated VC fund; or
- Business incubator: formal acceptance into a designated incubator program. Convertible debt does not qualify as investment.
- While PR is processing, eligible founders can apply for an optional open work permit (valid up to 3 years) to build the company in Canada—family can accompany (spouse open work permit; children study permits).
U.S.-First Practicalities
- Travel documents: U.S. citizens do not need an eTA or Canadian visa to visit Canada (bring a valid U.S. passport). U.S. lawful permanent residents are also eTA-exempt for air travel; carry your passport and proof of LPR status. (This is separate from any required work permit.)
- Group size & voting rights: Up to five owners may apply. Each applicant must hold ≥10% of voting rights, and applicants + DO(s) must together hold >50% at commitment. After approval, incorporate and actively manage the company from inside Canada, with an essential part of operations in Canada.
Designated Organizations (DO), Caps, and 2024–2026
Priorities
- Annual cap (through Dec 31, 2026): IRCC will consider 10 complete group applications per DO per calendar year on a first-come, first-served basis. If the cap is reached, applications are returned and fees reimbursed. A group counts against the cap even if a member later fails the completeness check.
- Prioritization (to Dec 31, 2026): Files linked to VCs/angels with committed capital and to specified Canada’s Tech Network (CTN) incubators are prioritized under MI72.
- Peer review paused: IRCC’s internal peer review process is paused effective Aug 1, 2024 (no new requests; ongoing reviews cancelled).
Settlement Funds (PR Requirement)
Minimum funds you must show (updated July 29, 2025; cannot be borrowed; separate from any investment):
1: $15,263 | 2: $19,001 | 3: $23,360 | 4: $28,362 | 5: $32,168 | 6: $36,280 | 7: $40,392 |
IRCC also requires bank letters that are available, transferable, and unencumbered.
Optional Open Work Permit (Build in Canada Now)
Who qualifies: Applicants who already filed PR under SUV, are essential to the team, meet CLB 5, can show 52 weeks of living funds for family size, and can evidence
significant economic benefit (e.g., jobs, innovation, regional impact). Valid up to 3 years, and your spouse/partner can apply for an open work permit; dependent children can apply for study permits.
“Essential Person” and Team Risk
If an essential team member withdraws or is refused, all linked applications must be refused or returned. IRCC will only issue COPRs once all essential persons are approved.
What IRCC Looks For (Beyond the Basics)
- Consistency between the letter of support and commitment certificate
- Clear term sheet/client agreement describing investment/fees/services, team roles, IP ownership, legal/financial structure, and due diligence including provenance of funds.
- Qualifying business test, intention to operate in Canada, and ownership thresholds.
- Officers can, in rare cases, use substituted evaluation (positive or negative) with required concurrences and reasons.
Where and How to Apply
Permanent Residence (SUV)
- Where: Online via the Permanent Residence (PR) Portal under Start-Up Business Class.
- Core forms & uploads: Schedule 13 (Start-Up Business Class); Complete Document Checklist IMM 5760; letter of support; language results; police certs; medicals; proof of funds; civil docs; photos; fee receipt.
(Translations: certified translator or translator + affidavit). - Group rule: IRCC won’t process any team member until all members submit complete PR applications. This also ties to DO cap counting.
Optional Open Work Permit (SUV)
- Where: Online only. IRCC provides tailored steps outside or inside Canada and specific answers to generate the correct checklist (select “A work permit for an entrepreneur or self-employed person”). Include proof PR was filed, letter of support, CLB 5, 52-week funds, medicals/police (if needed), and evidence of significant economic benefit.
Documents & Evidence That Strengthen a File
- DO package alignment: Matching details across commitment certificate, term sheet/client agreement, and support letter.
- Canadian operations plan: Incorporation steps, location/lease, first Canadian hires, vendor contracts, IP registrations, services/fees listed by DO.
- Founder eligibility: Language test at CLB 5, police certificates, upfront medicals per IRCC.
- Funds: Letters from financial institutions meeting IRCC’s format and sufficiency tests; settlement funds (PR) and 52-week support funds (work permit).
Border Notes for U.S. Founders
- Work authorization: Visiting to explore is not the same as working. If you will perform work in Canada for your start-up while PR is pending, you need the SUV open work permit.
- Travel facilitation: U.S. citizens may enter visa-free; U.S. LPRs are eTA-exempt but must carry proof of status. This does not waive the work-permit requirement.
Frequently Asked Questions
How many co-founders can immigrate together?
Up to five on the same venture, if each meets ownership and program rules.
Do I have to move headquarters to Canada?
You must incorporate in Canada, actively manage from inside Canada, and ensure an essential part of operations occurs in Canada. Global structures are possible if these conditions are met.
Does convertible debt count toward the minimum investment?
No. IRCC defines qualifying “investment” as equity; convertible debt/debentures don’t qualify.
What if an “essential” co-founder drops out or is refused?
IRCC must refuse/return the linked applications. Essential-person planning is critical before filing.
Can I work in Canada while PR is processing?
If you meet IRCC’s criteria (PR filed, essential, CLB 5, funds, significant benefit), you can seek the SUV open work permit (up to 3 years). Your spouse can request an open work permit; children can apply for study permits.
Is there priority processing right now?
Yes—through Dec 31, 2026, some files tied to committed VC/angel capital and listed CTN incubators are prioritized under MI72.
What if the start-up fails after PR?
Failure of the business does not by itself revoke PR; IRCC’s focus is eligibility at time of decision, not guaranteed commercial success. (Still, maintain compliance with all Canadian laws.)
What proofs of funds are needed?
For PR, show the settlement funds table (updated annually). For the work permit, separately show 52 weeks of maintenance funds for family size—accessible, transferable, unencumbered.
Do U.S. citizens need an eTA to fly to Canada? What about U.S. Green Card holders?
No eTA for U.S. citizens; U.S. LPRs are also eTA-exempt (carry passport + proof of LPR status).
How A&M Canadian Immigration Law Corporation Helps U.S. Founders
A&M delivers an end-to-end, law-firm–led process tailored to U.S. entrepreneurs so your Start-Up Visa (SUV) application is credible, complete, and officer-ready from day one.
- Eligibility & pathway strategy: Precise mapping of SUV criteria (qualifying business, CLB 5, settlement funds) and a filing plan that aligns with 2024–2026 caps and priority processing rules.
- Designated-organization (DO) targeting: Shortlist of VCs/angels/incubators that match your sector and stage; preparation of commitment-ready materials (pitch, terms alignment,
services/fees disclosure, due-diligence proof, provenance of funds). - Ownership & team design: Cap table engineering to meet the ≥10% per applicant and >50% with DO(s) rules; careful “essential person” designations to avoid group wide refusal.
- Canadian operations blueprint: Incorporation pathway, active-management plan from inside Canada, and evidence that an essential part of operations will occur here (leases, staffing plan, vendor contracts, IP filings).
- Document perfection: Clean, cross-referenced Letter of Support ↔ Commitment Certificate ↔ term sheet; CLB-5 test strategy; settlement-funds evidence that meets IRCC’s format;
certified translations; biometrics/medicals timing.
- PR Portal filing & quality control: Schedule 13 + full IMM 5760 checklist built to IRCC standards; internal completeness audit to reduce returns and delays.
- SUV open work-permit package: Evidence of significant economic benefit, 52-week maintenance-funds analysis, and border-proof travel plan plus spouse/child application where applicable.
- Active case management: Single point of contact, prompt responses to officer requests, and proactive updates from submission through COPR/landing.
- After-approval guidance: Using status correctly (PR vs. work permit), updating corporate records, and staying aligned with the representations made to IRCC.
Book your appointment
Build in Canada, the right way. Book a strategy session with A&M Canadian Immigration Law Corporation to map your designated-organization pathway,
de-risk essential-person issues, and file an officer-ready PR and work-permit package, so you can land, hire, and scale in Canada with confidence.
Sources (IRCC)
- Program overview, eligibility, funds, caps & where to apply: IRCC Start-Up Visa pages.
- Open work permit (SUV): features, eligibility, application steps.
- Program delivery (officer guidance): assessing applications, investment rules, DO due diligence, substituted evaluation, essential-person consequences, admissibility/final decisions, peer-review pause.
- Ministerial Instructions (caps & prioritization to 2026).
- U.S. travel document rules (eTA exemptions for U.S. citizens and U.S. LPRs).
This guide is for information only and relies on current IRCC program pages and internal manuals; always review the latest IRCC instructions before filing.