Updated on August 19, 2026 by canadian immigration experts
Quick answer
There is no single business immigration program. A Markham founder or executive chooses between the federal Start-Up Visa, an intra-company transfer into a Canadian subsidiary, a provincial entrepreneur stream, or a regular LMIA-supported work permit. The owner-operator LMIA exemption ended in 2021, so the route follows the corporate facts.
Which business immigration route fits a Markham company?
Start from the corporate structure, not the immigration category. A foreign parent that wants staff in its Canadian subsidiary usually needs an intra-company transfer. A new venture a designated organisation will back points to the Start-Up Visa. Buying or building an operating business in Ontario points to a provincial entrepreneur stream, as our guide to business immigration to Canada explains.
- Map the corporate facts: who owns what, where the operating business sits, and whether a foreign parent already exists.
- Match those facts to a route rather than choosing the route first.
- Test the weakest element early, because that is the element an officer will question.
| Route | Who it fits | Core requirement | Status |
|---|---|---|---|
| Start-Up Visa | Founders of a new venture | Letter of Support from a designated organisation; CLB 5; funds | PR stream; intake caps since 2024 |
| Intra-company transfer | Executives, senior managers, specialised staff | Qualifying related Canadian entity; a real, ongoing relationship | Work permit, LMIA-exempt under C12 |
| Provincial entrepreneur stream | Buyers or builders of an operating business | Provincial investment, net worth and job terms | Set by each province |
| Regular LMIA work permit | Owners and senior hires with no exemption | A positive LMIA with genuine recruitment | Owner-operator exemption ended 2021 |
How does the Start-Up Visa work?
The Start-Up Visa requires a Letter of Support from a designated organisation — a business incubator, angel investor group or venture capital fund — plus CLB 5 in English or French, sufficient settlement funds, at least 10% of the voting rights in the corporation, and more than 50% of the total voting rights when your shares and the designated organisation’s are counted together. IRCC has applied intake caps since 2024, so capacity is limited and no timeline can be promised.
Nothing requires the venture to sit in Markham, and designated organisations are spread across Canada. What counts is a real business and genuine due diligence by the organisation backing it, as our Start-Up Visa Canada page explains.
Can I transfer myself into a Canadian subsidiary?
Yes, where the Canadian company is a genuine related entity of the foreign employer and you are an executive, senior manager or specialised-knowledge worker. That is the intra-company transfer, LMIA-exempt under C12, the initial permit typically running one to three years.
The file we see most often runs along the Highway 404 and 407 corridor, where technology, electronics and logistics groups from Hong Kong, Taiwan and the United States open Canadian operations near Highway 7 and Warden. A registered address and a bank account are not a Canadian entity.
Is the owner-operator LMIA still a shortcut?
No. IRCC and ESDC ended the dedicated owner-operator LMIA exemption in 2021. Buying a Markham business does not by itself produce a work permit. Owners now go through a regular LMIA with genuine recruitment, or use an intra-company transfer, the Start-Up Visa or an entrepreneur stream.
What about the Self-Employed Persons Program?
It is not a general business route. The Self-Employed Persons Program is limited to experience in cultural activities or athletics, and IRCC paused new intake in 2024. Check its current status before counting on it; a Markham software founder would not qualify.
How does a Markham business file run?
Corporate evidence first, immigration forms second. Most delays we see come from thin corporate documentation. A Markham file is normally built around:
- the ownership chain linking the foreign parent to the Canadian entity;
- incorporation records, shareholder registers and financial statements for both companies;
- proof of real premises, staffing and payroll rather than a registered address;
- a job description showing executive, managerial or specialised-knowledge duties;
- certified translations of anything not in English or French.
| Stage | What happens | Typical timing |
|---|---|---|
| Structure review | Entity relationship and role tested against C12 | Weeks; varies |
| Evidence build | Corporate records, translations, business plan | Weeks; varies |
| Filing and processing | Work permit filed with the corporate package; document requests are common | Published times vary by office |
What if IRCC stops moving on the file?
Unreasonable delay is a legal problem with a legal remedy. Where an application has sat far beyond the published service standard and a demand letter has gone unanswered, the Federal Court can compel a decision through a writ of mandamus in Canada. Mandamus does not force IRCC to approve your application. It forces IRCC to decide it. That is Canadian immigration litigation, at 180 Queen Street West.
Do I need to come to your office?
No. We act for clients across Markham — Unionville, Milliken, Cornell and the 404 business parks — from our North York office at 1110 Finch Ave W #406, Toronto, ON M3J 3M2, with corporate files run by email and video so nobody loses a working day to travel. We advise in English, Russian, Farsi, Arabic, Portuguese, Vietnamese and Spanish, and corporate records in other languages are filed with certified translations. See also immigration mandamus lawyer in Richmond Hill, immigration lawyer in North York and IRCC’s Start-Up Visa program page.
Planning a Canadian subsidiary or a start-up move?
Bring your corporate structure to the first meeting.
Frequently asked questions
We are opening an office near Highway 404. Can I move myself over on an intra-company transfer?
Possibly. The Canadian company must be a genuine related entity of the foreign employer, and your role executive, managerial or specialised-knowledge. Officers test premises, staffing and ownership, so corporate evidence carries the file.
Does my start-up have to be based in Markham to qualify for the Start-Up Visa?
No. The Start-Up Visa turns on a Letter of Support from a designated organisation, CLB 5 language ability, settlement funds and the voting-rights thresholds. A Markham address is not required.
Can I buy an existing Markham business and get a work permit that way?
Not automatically. The dedicated owner-operator LMIA exemption ended in 2021. Buying a business now usually means a regular LMIA with genuine recruitment, or qualifying under an intra-company transfer or an entrepreneur stream.
Do our Hong Kong corporate documents need translation?
Yes. Documents not in English or French must be filed with certified translations, including business registrations, shareholder registers and financial statements.
How long does a business immigration application take?
It varies by route and office, and no honest answer is a fixed number. IRCC publishes processing times by stream, Start-Up Visa capacity is limited by intake caps, and corporate files draw document requests.
Disclaimer: This article is general information about Canadian business immigration law and procedure, current as of 2026. It is not legal advice and no solicitor-client or representative-client relationship is created by reading it. Deadlines and requirements change, and the right remedy depends on the facts of your file. Speak to a qualified immigration professional about your own circumstances before acting. Jane Katkova & Associates has advised clients on Canadian immigration matters since 1995.
