 Hi guys, welcome back to my YouTube channel. So today, I'm going to talk about the jurisprudence related to a start-up visa program. What are the reasons of rejection and how can you take care of it beforehand when you know everything in place? It comes usually with a lot of experience and a lot of reading, research, analysis of the case laws that go on in the process. Secondly, I would also like you to remind that because the entrepreneur PNP programs are right now shut because of the COVID-19 situation, the borders are shut and exploratory visits are not happening. So, a lot of people are transitioning themselves from the PNP programs or from other programs to the start-up visa program. So, the start-up visa program is right now very hot-selling, but also you have to be careful how you prepare your applications, what are the things that you have to take care of and today we are going to discuss a few of the rejection reasons. With me, I have Levdeep here with me who is also a fellow lawyer in the same and a partner with ASL or Baristas and Solicitors and also happens to be my husband. So, today we are going to have a chit-chat about the reasons for rejection. I hope you like it and it is informative for you. If you want to contact us, then you have to go into the link in the description box. Okay, so first, let's start by understanding that what exactly is the start-up visa program in a gist and he's going to explain us that. Hi guys, how are you doing today? And I hope everyone's feeling fine and safe in these unprecedented times. I hope this lockdown ends. I hope the curfews end everywhere and people are out and about again. Anyway, so, we were talking about a start-up visa program. I want to tell you what start-up visa program is basically. Start-up visa program is if you have a good idea, if you have a good business idea, if it is already running and if you have something in place already and you want to bring it to Canada and on the basis of that, you want to get a permanent residency. Right, so the letter of interest by that we mean in common parlance in the business language we usually mean the commitment letter that you're going to get from the incubator, the angel investor or the venture capitalist, whoever is usually running the process. New ideas, they are actually sometimes mostly they go into incubation but if you have a running business, then that goes into with an angel investor on an accelerator or maybe somebody who's already interested in the running business. So whatever the designated organization may be, they do issue a commitment certificate and if that commitment certificate would actually need to comply with a lot of ministerial policies. I think some of the points that you have to have to note in your due diligence documents and in your before your peer filing in that commitment letter which later on we have seen becoming a reason of rejection. So we do not want cases in which when you have things in control in the business incubator stage at that stage and then you are later regretting just because of a mere mistake in the commitment letter and that is by court cases we have seen do go to the federal court and in the federal court a minute mistake just comes out like that and nobody can help you at that point of time. So it's always better to be very very diligent at this stage of getting the commitment letter and to know more about this ministerial policy we will just highlight a few of the points. So let's start with letter of commitment. The first and foremost thing where you can make a mistake is the KYC. So client's identity has to match with other identity documents like wherever it happens for example in the banks in anywhere every detail has to be taken care of name the address the age the date of birth every second we have to establish that you are an essential part of that business that you know you are at disposal of someone else and you're just applying for the sake of it just to get into Canada you have to be an essential part of the business. And now let's come to the second point which is like very important and in few cases that we've read and we have known in the federal court that have gone to the appeal stage have actually been rejected because of structuring of the business was not very clearly given and defined in the due diligence documents. So if in any case if the immigration officer at the stage of reviewing your documents is not satisfied that you are an essential member or your structuring of the business was formed in such a way that the business can work without you also then he has a reason to reject and you have to remember that one of the one of the principles that they follow is that if they reject one essential person then they're also going to reject all the members of the essential whoever in the category of the essential persons are so this is by way of a judicial president that they follow this pattern so in structuring you have to take care of your corporate shareholding agreements which and basically all the pre incubation stage you also have to take care of your due diligence agreement which is a big fat file that goes to the incubator so all the and specifically your IPR you have to really take care of the IPR needs of the Canadian entity so all this walkthrough process of the pre incubation stage has to be very important for you okay so the third point is you might just face a reason of rejection can be there because you were given procedural fairness but because you did not completely diligently give all your information either there was misrap or there was some kind of information that was not given or some material evidence that the immigration officer might have received about you and did not disclose it to you so in one of the case laws like one of the person was a refugee in Canada before he had applied for a refugee status before years before and his result was rejected and he did not get his refugee status so he did not disclose this information which became a sign of red alert and a misrep and hence the application for judicial review was also dismissed whenever you're dealing with an immigration lawyer or an agent you want to test that person you need to know that if the person is taking information about your immigration from all other countries because that's very very integral part of this application because you see other things are really less like your eligibility criteria otherwise is so less your I'll score is less it's just CLB 5 your education system is not it does not have to be very very good looking or something like that it can be a medium level 12 standard person onwards as well so you just have to be careful of what they're actually looking this is not business immigration this is economic immigration so they do see the impact of you coming in into the economy of Canada so guys the last point which is like the most important point is your conduct how are you conducting yourself later to this work visa to this startup visa program and for this business because you are coming on a work permit before so you have to be very very diligent in the situation where you've been granted a work visa and you still do not come in some cases you might be lucky that you get PR directly but there are cases and we know such cases in which your PR might be rejected on the basis that you had a work permit option but still you did not fulfill your role so guys basically when you come when you get a work permit we advise you to come here in Canada start the payroll running do anything to fulfill the obligation to conduct this business just say which be activities are happening in your business your payroll is going on certain transactions are happening in the business so that the government knows when they're about to grant you the permanent residency they know then they get to know that you're doing something in furtherance of that business right so you don't want to render the immigration decision as invalid because way usually agar officer ko nahi aapse ko documentation milegi if they ask at the PR processing state that I want you to show something that why have you why are you essential to this business then you should have certain documentation in place so we do highly recommend that when you are issued a temporary foreign work permit open or close work permit then you should come on that work permit in Canada and start rolling your business and start doing everything in furtherance of that so guys if you like this video do hit the like button if you want more such legal more such advice from us do get in touch with us if you want to know about the startup visa program and you want to apply for it then the details are in the description box thank you and bye bye for now