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PORT COLBORNE · E-2 FIELD GUIDE

Can the buyer start work when the budget is approved?

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THE DIRECT ANSWER

No. An internal budget decision does not grant immigration permission or complete the investment conditions. Assess the actual process before relying on the operating date.

Distinguish commercial and official steps

Describe what has genuinely occurred and what remains contingent. A planned purchase date does not guarantee a government result.

Review the purchase agreement, escrow conditions, lease, licences, and business accounts before deciding that money has been committed in a qualifying way. Once the investor is satisfied with the business terms, document a transaction structure that shows the required commercial commitment and the conditions under which funds are released or lost. Money still in a Canadian account is intent, not investment, and an application built on a purchase agreement with no funds moved will usually be refused. In practice the accepted approach is an escrow: the purchase price is deposited with a third party under instructions that release it to the seller on visa approval and return it to the buyer on refusal. Commitment may be shown by completed expenditures or closing, but official guidance also permits a binding escrow that releases the purchase funds when the E-2 visa is issued.