NB Business Immigration – Overview
The New Brunswick Business Immigration stream (NB BIS) is one of the New Brunswick PNP streams that is dedicated to international entrepreneurs who wish to invest their money in the province.
When receiving a nomination under the NB BIS stream, candidates can then apply for Permanent Residence to the federal government of Canada.
This stream is not aligned with Express Entry, which means that candidates cannot take advantage of the 6-month average processing times of Express Entry. Processing times of Provincial Nominee Programs (not aligned with Express Entry) are usually longer and take at least 1 year.
The NB BIS has minimum eligibility requirements, however, the NBPNP does not send Invitations to Apply to every candidate that meets these minimum criteria.
NB Business Immigration – Eligibility
Eligible and ineligible businesses
To be eligible to the New Brunswick Business Immigration stream (NB BIS), your proposed business must be:
- of economic benefit to the province,
- established as a sole proprietorship, partnership or corporation (in the case of a partnership, the other partner(s) must be a Permanent Resident or Canadian Citizen),
- the continued operation of an existing business or the establishment of a new business,
- a private-sector, for-profit entity with the primary purpose of earning profits through the sale of goods and/or services, and,
- considered a “permanent establishment” as defined under subsection 400(2) of the Canadian Income Tax Regulations, 1985.
Priority processing:
Priority processing may occur for applications with the following factors:
- You have visited NB for 5 business days in the last 12 months.
- You or your spouse/partner have a diploma or certificate that requires a minimum of 1 year of full-time study from a post-secondary institution in New Brunwsick.
- You or your spouse/partner have worked 30 hours/week for at least 6 consecutive months in a high-skilled occupation in New Brunswick in the last 2 years.
- You or your spouse/partner have family members (cousins are not included) over 18 years old who are Permanent Residents or citizens of Canada living in New Brunswick for minimum of 12 months.
- You have received a letter of support from Immigration New Brunswick or Opportunities New Brunswick
- You are an Entrepreneur in the Agriculture sector and have received a letter of support from the New Brunswick Department of Agriculture, Aquaculture and Fisheries.
Active management:
You must (i) assume risk and influence the direction of the business, (ii) provide ongoing and active management to the business from within New Brunswick, and (iii) be present at the business premises on a day-to-day basis.
With respect to operating the business, you must:
- ensure the business pays income tax on taxable income earned in the province, regardless of income or other taxes that may also be payable in other jurisdictions because of income earned or other business activity,
- comply with all legislation in the province including, but not limited to, the Employment Standards Act, Human Rights act and Occupational Health and Safety Act,
- comply with all Canadian laws in establishing, purchasing and maintaining the business, and
- obtain necessary licenses/permits from all applicable municipal, provincial and/or federal authorities.
Ownership percentage:
When investing in a business, you must control at least 33.3% equity in the business.
Job creation:
The business must create at least one full-time (min. 30h/week) job for a permanent resident or citizen of Canada living in New Brunswick.
The one full-time job cannot include you, your spouse or common-law partner, your dependent children and/or other family members.
Purchasing an existing business:
If buying an existing business, you must demonstrate that the business:
- has been in continuous operation by the same owner for the three years prior to the purchase date; and that the owner is a permanent resident or citizen of Canada,
- will be purchased at a proven fair market value,
- has achieved a proven net profit for at least two of the previous three years as demonstrated by audited financial statements and corporate tax assessments issued by Canada Revenue Agency,
- will provide for the continued employment to existing staff on similar terms and conditions,
- is not in receivership and/or has not filed for bankruptcy for the three years prior to purchase date, and
- Goodwill may not exceed 10% of the net book value when purchasing a profitable business.
Seasonal businesses:
Some agricultural businesses may be eligible:
- Minimum operating time 9 out of 12 months in a calendar year.
The following agricultural concepts are not eligible: hobby farm for personal consumption or use that does not generate a primary source of income, Equine, exotic plants, and petting zoos.
An exploratory visit is mandatory for agricultural businesses.
Some tourism businesses may be eligible:
- Minimum operating time 9 out of 12 months, or
- Minimum operating time 6 out of 12 months if eligible equity investment exceeds 1 million CAD.
Ineligible businesses:
Some types of businesses are not eligible for the NB BIS:
- Adult services including but not limited to the production, distribution and/or sale of pornographic or sexually explicit products and/or services, and/or the provision of sexually oriented services.
- Bed and breakfast accommodations.
- Coin operated businesses.
- Consultancy (business or agency that offers expert professional advice in a field).
- Online language and educational training centers.
- E-commerce or online businesses.
- Facilities that provide temporary residents and/or newcomer’s settlement services.
- Cooperative (business or organization owned and operated by its member).
- Domain names.
- Hobby farm for personal consumption or use that does not generate a primary source of income.
- Brokerage businesses.
- Financial services including, but not limited to cooperatives and/or credit unions, short-term borrowing (payday loan, cheque cashing, money changing and cash machines, pawnbrokers, etc.).
- Home-based and/or businesses operating from a residential property.
- Landlord property and rental management.
- Inn or boutique hotel that has less than five rental units with revenues less than 100,000 CAD.
- Not-for-profit businesses and organizations.
- Property investment, however, construction and/or development may be eligible if multiple signed and verifiable contracts are provided. This does not include the purchase of existing properties and/or businesses.
- Professional practices and services where the applicant fails to provide proof of licensing and/or accreditation in New Brunswick.
- Is an immigration-linked passive investment scheme pursuant to Immigration and Refugee Protection Regulations section 87(5)b and as defined by IRPR 87(9).
- Is conducted remotely from a jurisdiction outside New Brunswick.
- Offers products and/or services that are primarily used during a certain time of the year.
- Promotes and/or sells controlled substances and illegal drugs, prescription drugs and items used to manufacture controlled substances and/or drug paraphernalia.
- Promotes and/or sells illegal items and items that encourage, promote, facilitate or instruct others to engage in illegal activities including, but not limited to counterfeit products, copies of movies, software and trademarks, etc.
- Any business, that by association could bring the NBPNP into disrepute.
Selection factors 100-point assessment grid
To be eligible to the NB BIS, you need to score a minimum of 65 points out of a 100 in the following point assessment grid.
There are 7 factors under which you can score points that are explained in detail below. Remember that for each factor you will be claiming points for, you will have to provide supporting documents to prove you satisfy to the criteria of the factor.
| 100-point assessment grid | Maximum Points |
|---|---|
| Factor 1 – Age | 10 |
| Factor 2 – Official Languages | 25 |
| Factor 3 – Education | 20 |
| Factor 4 – Personal Net Worth | 0 |
| Factor 5 – Business Ownership / Work Experience | 15 |
| Factor 6 – Business Plan | 25 |
| Factor 7 – Adaptability | 5 |
| Total | 100 |
| Minimum required | 65 |
You must must be between 19 and 59 years old to be eligible to the stream.
| Factor 1 – Age | Points |
|---|---|
| 18 years old or younger | Not eligible |
| 19 to 49 | 10 |
| 50 to 59 | 5 |
| 60 years old and older | Not eligible |
You must demonstrate you have a minimum Canadian Language Benchmark (CLB) test score of 4 for each language skill, either in French or in English (which will get you 12 points). You can score more points if your CLB score is above 4, up to a maximum of 5 points per language skill, for a maximum of 20 points.
If you have test results for a second official language, you can get 5 additional points if you have a score of at least CLB4 in each of the four language skills.
| Factor 2 – Official languages | Writing | Listening | Reading | Speaking | Max points | |
|---|---|---|---|---|---|---|
| First official language | CLB7 or higher | 5 | 5 | 5 | 5 | 20 |
| CLB5 or 6 | 4 | 4 | 4 | 4 | ||
| CLB4 | 3 | 3 | 3 | 3 | ||
| CLB3 or less in one of the four language abilities | Not eligible | |||||
| Second official language | CLB4 or higher in all four language abilities | 5 | ||||
You must submit a completed Canadian secondary or post-secondary educational credential, or if the educational credential is from a foreign (non-Canadian) institution or authority, you must also submit an Educational Credential Assessment (ECA) issued by an approved provider.
You are considered ineligible to the stream if you don’t have a secondary (high school) diploma.
| Factor 3 – Education | Points |
|---|---|
| Doctoral (PhD) degree | 20 |
| Master’s degree OR professional degree | 20 |
| Post-secondary credential of at least three years | 16 |
| Post-secondary credential of two years | 13 |
| Secondary (high school) diploma | 10 |
| Less than secondary (high school) diploma | Not eligible |
Factor 4 – Net Worth (No points):
There is a minimum net worth of 500,000 CAD to be eligible to the NB BIS or at least 300,000 CAD for farming applicants.
Assets belonging to your spouse or common law partner will also be included in the calculation and must also pass verification. There is no awarded points for this factor.
Your personal net worth must be lawfully obtained and verifiable (e.g. proof of title to any real estate holdings and business ownership). You must provide a Net Worth Verification Report, and must be prepared by one of the NBPNP’s designated Personal Net Worth Verifiers (see list below). These verifiers are experts in assessing net worth and legal accumulation of net worth.
Designated Personal Net Worth Verifiers
N.B. : A Personal Net Worth Verifier who assists an applicant with preparing a Business Plan cannot also prepare the Net Worth Verification Report.
Grant Thornton LLP
Nick Ross
570 Queen St, 4th Floor
PO Box 1054
Fredericton, NB E3B 5C2
506-858-2525
NBimmigration@ca.gt.com
MDD Forensic Accountants
Jarrett Reaume
1959 Upper Water Street,
Suite 1301
Halifax, NS B3J 3N2
902-406-8886
jreaume@mdd.com
MNP LLP
Roy Tong,Senior Manager,
Provincial Nominee Program Services
Suite 2200, MNP Tower,
1021 West Hastings St.
Vancouver, BC V6E 0C3
778-374-2102
NBPNP@mnp.ca
Factor 5 – Business Ownership / Work Experience (Max 15 points):
The number of points is based either on your (i) Business Ownership Experience OR (ii) Senior Management Experience in the last 10 years. There is a minimum 2-year business ownership experience OR 2-year senior management experience requirement in the last 5 years to be eligible for the NB BIS. The maximum number of points for this factor is 15 points.
(i) Business Ownership Experience:
- You must have owned at least 51% of the business.
- You are personally involved in the day-to-day operations as a primary decision maker.
- You must be responsible for supervising at least two employees.
(ii) Senior Management Experience:
- You manage the organization, a department, division, or component of the organization; or an essential function within the organization.
- You are responsible for supervising at least two employees.
- You have the authority to hire and terminate employment, or recommend these and other personnel actions, such as promotion and leave authorization.
- You are personally involved in the day-to-day operations as a primary decision maker.
- You must have been actively involved in a for-profit company that is not owned or operated by a government or voluntary sector.
| Factor 5 – Business Ownership / Work Experience | Points |
|---|---|
| Less than 2 years of business ownership or senior management experience in the last 5 years | Not eligible |
| 2 years of business ownership in the last 5 years | 8 |
| 6 to 9 years of business ownership in the last 10 years | 12 |
| 10 years or more of business ownership in the last 10 years | 15 |
| 2 years of senior management experience in the last 5 years | 5 |
| 6 to 9 years of senior management experience in the last 10 years | 7 |
| 10 years or more of senior management experience in the last 10 years | 9 |
Factor 6 – Business Plan (Max 25 points)
You may claim points based on your business plan and its economic benefits to the province. The maximum number of points for this factor is 25 points.
The minimum personal investment amount of 150,000 CAD must be derived from your personal net worth.
The following list of equity expenditures may be included as business investments:
- business premises to a maximum of 25% of your total eligible investment or actual cost,
- office equipment used by employees to enable them to perform their day-to-day duties,
- equipment necessary for use in primary production and manufacturing of goods,
- initial inventory to a maximum of 50% of your total eligible investment or actual cost, whichever is lower,
- professional services from North American companies including marketing, promotions and services in connection with establishing the business to a maximum of 4% of your total eligible investment or 10,000 CAD, whichever is lower, or
- vehicle to a maximum of 5% of your total eligible investment up to a maximum of 15,000 CAD, whichever is lower.
The following are considered ineligible investments: working capital such as rent, wages, leasing costs, cash flow and any other recurring expenses as deemed ineligible by the NBPNP.
| Factor 6 – Business Plan | Points |
|---|---|
| Eligible investment is 149,999 CAD or less | Not eligible |
| Eligible investment is between 150,000 and 499,999 CAD | 2 |
| Eligible investment is 500,000 CAD or more | 3 |
| Visit NB for a min. of 5 business days within one year prior to applying | 5 |
| Transfer min. 5 years of business ownership experience to the same industry and sector in NB | 4 |
| Business is located outside of the greater Fredericton, Saint John and Moncton regions (more than 20 kms from city center) | 5 |
| Inclusion of relevant statutes, regulations, by-laws and accreditation requirements related to their business plan | 3 |
| Inclusion of relevant and detailed market research related to business plan | 5 |
Factor 7 – Adaptability (Max 5 points):
You can only earn a maximum of 5 points in this factor, even if you can score more than 5 points.
| Factor 7 – Adaptability | Points |
|---|---|
| Your spouse/partner has CLB4 or higher in English or French (in writing, listening, speaking and reading) | 5 |
| Your spouse/partner has studied in Nova Scotia after the age of 17 (min. one full-time year of study at post-secondary level) with a valid study permit | 5 |
| Your spouse/partner worked in Nova Scotia (min. 6 months of full-time continuous work) | 5 |
NB Business Immigration – Application Process
For a better understanding of the process, below is a list of the steps involved in obtaining Permanent Residence through the New Brunswick Business Immigration stream (NB BIS). Obtaining the provincial nomination is a two-step process:
Step 1:
- A candidate must register an Expression of Interest (EOI) in the INB portal and include their Business Plan. This allows them to be included in the pool of candidates.
- If invited, the candidate must apply to the NBPNP within 90 days, meaning filling in forms, and uploading supporting documentation, (more about deadlines in the Required Supporting Documents section below).
- During the processing of the application, the candidate may need to attend an interview with a NBPNP agent.
- They must sign a Business Performance Agreement whereby they commit to achieving their intended investment. The agreement usually contains (but is not limited to) (i) investment amounts and timelines for commitments, (ii) number and types of jobs to be created for Canadian citizens or permanent residents, (iii) mandatory business milestones and achievements, etc.
Step 2:
- When the NBPNP receives the candidate’s signed Business Performance Agreement, they will be issued a Work Permit Letter of Support to apply for a Temporary Work Permit to the federal government (IRCC).
- After approval of the Temporary Work Permit, upon arrival in New Brunswick:
- Within the first month following the arrival date in Canada, the candidate must submit a Report of Arrival to the NBPNP.
- Within the first 9 months following the arrival date in Canada, the business must be open and the candidate must submit the Report of Business Opening form to the NBPNP.
- Within the first 2 years following the arrival date in Canada, the business must have operated for 1 year according to the terms and conditions set out in the Business Performance Agreement.
- Once you they have operated the business for a minimum of 6 consecutive months and have met the conditions outlined in the Business Performance Agreement, they may submit a request For nomination. If the candidate satisfies to all the requirements and submit to a site visit and interview at the business premises, they will be issued a provincial nomination. The following are the main requirements:
- Meet the conditions outlined in the Business Performance Agreement,
- reside in New Brunswick 75% of the time during the period of establishment of the company and within a 100 km radius of the company (or 10 km for farming applicants), and
- Maintain legal status in Canada.
- The candidate must finally apply for permanent residence to IRCC within 6 months of receiving the nomination. The candidate needs to apply on paper to IRCC, and include documents received by the NBPNP.
