IN THIS GUIDE · Review the enterprise, the investor, and the funding as three separate questions
Confirm nationality and who actually controls the business
Identify the investor's treaty nationality and the enterprise's ownership structure, and gather the agreements that show the applicant's real ability to develop and direct the business, including any rights a seller, co-investor, or lender has retained. Canadian permanent residence is not the same fact as Canadian nationality, and a stated ownership percentage should be read together with the actual control arrangements, not treated as decisive on its own. Start by mapping funds from lawful source to the account and then to the enterprise. Sale records, earnings, gifts, loans, tax filings, and bank statements should tell one consistent story. A transfer labelled as investment may still need terms that show it is genuinely committed. Review any escrow, refund, or financing condition before treating the money as deployed.
Trace where the funds came from and how they are secured
Build a dated path from the lawful source of the money to the investment itself, including any currency conversion or intermediate transfer. Hypothetical example: a Victoria buyer's financing is arranged through a line of credit secured jointly against a home and a separate rental property, not the business itself. Review the complete security documents rather than relying on the word personal in a term sheet, since personal unsecured borrowing and borrowing secured by enterprise assets are treated differently. Test substantiality against the actual cost of buying or creating this business, not a headline figure from another case. A lean service operation may require a different level and type of expenditure from a capital-intensive enterprise. Separate the immigration question from independent commercial diligence: a credible plan must identify customers, operating costs, staffing, and the applicant’s direction without predicting certainty.
Read escrow and purchase terms as a single package
The FAM recognizes certain qualifying investment-in-process and escrow arrangements, including some visa-contingent purchases, so identify the release, refund, and cancellation conditions before any money changes hands. Substantiality is judged relative to the actual cost of the specific business rather than a fixed dollar figure, and money merely under discussion, money committed under signed terms, and money already spent should be kept clearly distinct. Non-marginality concerns more than the investor’s immediate household support. Build a record of present operations or a supported future capacity that goes beyond that level, with assumptions that can be traced to contracts, market evidence, costs, and staffing. A business plan is useful only when it reflects the transaction and can be checked against source material.
Show a genuine business, not just a purchase
The enterprise has to satisfy the non-marginality requirement, so describe its operating activity, resources, and realistically supported financial expectations rather than pointing to unexplained growth projections. Keep historical results separate from a forecast, particularly after a change in ownership, and confirm the applicable consular process for Canadian citizens rather than assuming an exemption used for another category applies here. Plan travel and family activity around the actual classification. An E-2 spouse who is admitted in that status has employment authorization incident to status; dependent children have different rules. Monitor treaty nationality, ownership, and control after admission, because a change in those facts can affect the enterprise’s eligibility. Permanent-residence strategy requires its own independent review.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.