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SIDNEY · E-2 FIELD GUIDE

Can both a returned wire and its replacement count as money invested?

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THE DIRECT ANSWER

Do not count the same funds twice. Explain what was returned and what was actually committed.

Reconcile the complete transaction

A bank debit alone may not establish receipt or continuing investment. Identify the actual successful payment and review its qualifying treatment in the full case.

Work the eligibility questions in the normal order — nationality first, since citizenship of a treaty country is what counts and residence in Canada alone does not supply it, then the enterprise, the funds and the investor's role. The funds must be irrevocably committed and at risk, substantial relative to a real and operating enterprise that is not marginal, and the investor must come to develop and direct it, ordinarily through at least fifty percent ownership or operational control. What does not count is anything the buyer could still get back: a deposit that the franchisor returns if the visa is refused, money held in the buyer's own account for future expenses, or a loan the buyer is not personally liable for. The remaining tests, committed capital, substantiality, a real non-marginal business and lawful funds, are decided by the purchase documents and financial records, not by the percentage. The capital must be irrevocably committed and at risk in the enterprise, so funds still recoverable at the investor's option, or held pending an outcome, have not yet met the requirement however clearly the gift is documented.