Lessons from a Recent Federal Court Decision: Mistakes That Lead to Start-Up Visa Refusal

Overview of the Case

In Neri v. Canada (Citizenship and Immigration), 2025 FC 1087, the Federal Court upheld the refusal of a Start-Up Visa application. The applicant proposed a “jockey cam” product, live camera feeds from a jockey’s perspective for the horse-racing industry. He obtained a work permit in 2021, moved to Canada with his family, and later applied for permanent residence. In 2024, IRCC refused the PR application, finding the business lacked legitimacy and was primarily a means to gain immigration status. The Court upheld this decision in June 2025.

Why the Application Was Refused

The officer found three major deficiencies:

• Lack of Relevant Skills & Team Support – The applicant had no background in technology or product development and provided invalid contacts for proposed collaborators.

• Weak Business Legitimacy – The only potential client was linked to a racecourse that had not yet been built; projected sales were minimal; and the product appeared to rely on off-the-shelf components rather than original innovation.

• No Intellectual Property (IP) Proof – The applicant refused to disclose IP details, citing “trade secret” status, but no patents or registrations were located in official databases.

Key Takeaways for Applicants

This case underscores the importance of:

• Aligning the business with your own or your team’s expertise

• Providing verifiable, legitimate client and partnership evidence

• Demonstrating real market potential beyond a single sale

• Properly documenting intellectual property rights

• Moving beyond the idea stage with prototypes, pilots, or early sales

• Responding transparently and completely to IRCC requests

Final Word

The Start-Up Visa is not just about securing a letter of support from a designated incubator. Officers evaluate the overall credibility and viability of the business. Applicants who cannot demonstrate genuine innovation, relevant expertise, and solid execution risk refusal under IRPR s. 89(b). This case shows that even after obtaining a work permit and relocating, a weak business plan can result in refusal of permanent residence.