A treaty investor work permit in Canada lets a citizen of certain free trade agreement partner countries enter Canada to develop and direct a Canadian business in which they have invested, or are actively investing, a substantial amount of capital. There is no minimum dollar amount. Officers ask whether the money is in proportion to the business, whether it is already spent or irrevocably committed, and whether the investor controls the company.
This article explains how IRCC applies those tests in 2026. It draws on IRCC’s program delivery instructions for investors under the free trade agreements, and on a 2026 LPEN continuing education course given by immigration lawyers Tamara Mosher-Kuczer and Stanley Leo. Where we describe the speakers’ practical advice, we say so. For the wider menu of LMIA-exempt routes, see our guide to LMIA-exempt work permits.
Key Takeaways
- The category exists only under a trade agreement. There is no general “investor” work permit for nationals of other countries.
- No minimum investment is set. Officers apply a proportionality test: the smaller the business, the larger the share the investor must put in.
- Only money already invested or irrevocably committed counts. A plan, a pledge or a bank balance is not enough.
- The investor usually needs more than 50 per cent of the company. An equal 50/50 split generally does not give control.
- A controlling owner working in their own company is usually self-employed, and that time does not count for the Canadian Experience Class.
Who can apply for a treaty investor work permit in Canada?
Only citizens of a country whose trade agreement with Canada has an investor chapter can apply. The route runs under IRPR s. 204(a), which exempts work under an international agreement from the LMIA requirement. The Canadian business must also have the investor’s nationality, which IRCC measures by ownership, not by where the company is incorporated.
IRCC’s guidance currently lists investor categories under CUSMA (United States and Mexico, code T35), the Canada-Chile, Canada-Colombia, Canada-Korea and Canada-Peru agreements, CETA (European Union), CPTPP, the Canada-UK agreement and the Canada-Ukraine agreement. Each agreement has its own exemption code and its own wording, so the first question is always the individual’s citizenship, not the company’s.
For CUSMA, IRCC states that a citizen of the United States or Mexico who is also a Canadian permanent resident does not count toward the company’s US or Mexican nationality. At least 50 per cent of the company must be owned by qualifying citizens.
How much do you need to invest for a treaty investor work permit?
There is no fixed amount. IRCC’s CUSMA investor guidance says no minimum dollar figure has been established. Instead, the officer compares the investment with the total cost of buying or starting the business. A small business needs the investor to fund a high share of its cost. A larger business may accept a lower percentage, because the dollar amount is still significant.
The investment must also be more than a way to earn a living. IRCC asks whether the business will generate more than enough income to support the investor and their family. If the investor has substantial income from other sources, that can help show the money is a real business risk and not just a job for the owner.
The speakers suggested that a business plan pointing to concrete benefits, such as hiring Canadian staff, makes this element easier for an officer to accept. A plan on its own will not satisfy the test, but it gives context to the money already spent.
What does “irrevocably committed” mean?
It means the money is already spent or locked in so that the investor cannot simply take it back. IRCC’s guidance says an intention to invest, or a non-binding arrangement, is not enough, and that the business should be close to starting operations. Funds sitting in the investor’s own bank account do not qualify.
Evidence the speakers recommended includes:
- escrow arrangements, bank drafts and signed share purchase agreements;
- invoices for equipment and inventory, and receipts for amounts paid;
- a commercial lease and proof of lease payments;
- documents showing where the money came from and that it was legitimately acquired.
IRCC also states that a mortgage or a secured loan taken out by the business does not count toward the investment, though a personal secured or unsecured loan to the investor may.
Do you need more than 50 per cent ownership?
In most cases, yes. The applicant must be coming to develop and direct the business, and IRCC’s guidance says an interest of 50 per cent or less usually means the applicant does not have the required control, especially in smaller companies. An equal share with a partner generally does not give a controlling interest.
Control through other means, such as a shareholder agreement with special voting rights, may be relevant, but the speakers described that as much harder to prove. An employee of the investor, rather than the owner, can qualify only if they work in an executive or supervisory role or have skills essential to the Canadian operation, such as a technician who trains and supervises staff in specialized manufacturing or repair.
The investor’s own duties matter too. The role must be mainly strategic and supervisory. If the file shows the owner spending most of the day on hands-on operational work, the officer may doubt that they are coming to develop and direct the business.
How long is a treaty investor work permit valid?
Under CUSMA, IRCC’s guidance sets a maximum of one year for the first permit, with extensions generally of up to two years at a time if the requirements are still met. Other agreements are similar but not identical, so check the code for the relevant agreement.
Because the first permit is short, the speakers advised planning for an extension from day one. At renewal, an officer will compare the new application with the first one and will expect to see that the business is established, or at least that real progress has been made. Processing for these files is often slower than for ordinary work permits, so confirm current IRCC processing times before setting a start date.
IRCC says that even where a CUSMA national may apply at a port of entry, the first investor application should generally be filed from outside Canada because these files are complex. The Canadian business also submits an offer of employment through the IRCC Employer Portal and pays the employer compliance fee before the investor applies.
Why are treaty investor applications refused?
The speakers listed the most common problems:
- the money was pledged or deposited but not actually spent or locked in;
- the Canadian business is a shell or passive holding company, not an active enterprise;
- the investor holds 50 per cent or less and has no other proof of control;
- the described duties are mostly operational, not directing the business.
The speakers also noted that there is no dedicated investor refusal ground in IRCC’s case management system, so officers tend to explain their concerns in free text. Their advice was to build the file so that it answers each element directly rather than waiting for the officer to raise doubts.
Can a treaty investor permit lead to permanent residence?
It can be part of a longer plan, but there is a trap. A person who controls the company they work for is usually treated as self-employed in that role. Under IRPR s. 87.1(3)(b), periods of self-employment do not count as qualifying work experience for the Canadian Experience Class, and Canadian work experience points in Express Entry also require work as an employee.
If permanent residence is the goal, map the route before you invest. Depending on the facts, a provincial entrepreneur stream, the owner-operator LMIA route, or another program may fit better. Our overview of investor immigration to Canada compares the main options.
FAQ
Is there a minimum investment for a treaty investor work permit in Canada?
No. IRCC has not set a minimum dollar figure. Officers weigh the amount against the total cost of the business, so a smaller business requires a higher share from the investor.
Can I get a treaty investor work permit if I am a Chinese or Indian citizen?
Not under this category, because Canada has no investor chapter in force with those countries. Other routes, such as an intra-company transfer or an owner-operator LMIA, may be available.
Does a 50/50 partnership qualify for a treaty investor work permit?
Usually not. IRCC guidance says an interest of 50 per cent or less, including an equal share, generally does not give the control needed to develop and direct the business.
Can I apply for a CUSMA investor work permit at the border?
US and Mexican citizens may be eligible to apply at a port of entry, but IRCC says initial investor applications should generally be filed from outside Canada because of their complexity.
Does my time on a treaty investor work permit count for Express Entry?
Usually not as Canadian work experience, because a controlling owner is generally self-employed. Plan a different permanent residence route if that is your goal.
If you are weighing a Canadian investment and want to know whether your nationality and ownership structure fit this category, contact BridgePoint Law. The official source is IRCC’s guidance on CUSMA investors.
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Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on treaty investor and business work permits. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.