Canadian permanent residence is not the same as Canadian treaty nationality. The applicant must hold the nationality required by the treaty route.
Check citizenship before pricing a business
Before spending money on a purchase, confirm the investor’s citizenship using the applicable passport and determine whether that country has the relevant treaty relationship. Residency, a work permit, a tax return, and a long history in Canada do not replace nationality. If the investor will use a company, map the company’s ownership as well; enterprise nationality may require review of shareholders, voting rights, and any intermediate entities.
The applicant must also be able to direct and develop the enterprise, so a structure designed only to solve a nationality issue can create a separate control problem. Be candid about dual nationality where it exists and identify the country under which the application is being made. A business broker’s assumption that a Canadian address makes someone E-2 eligible should be treated as a starting question, not legal analysis.
The timing matters because due diligence, deposits, and contracts may be structured differently once eligibility is known. Screening nationality first can prevent an investor from taking on a commercial commitment for a route that cannot be used by the proposed principal. A preliminary eligibility review can be recorded in a short memo listing nationality, proposed ownership, control, and any issue needing confirmation.
This prevents a broker’s commercial timeline from driving the legal sequence. It also gives co-owners a shared understanding of what must be resolved before they sign binding terms.