Monday, 29 August 2016 / Published in Immigration, Immigration Manuals

Entrepreneurs & Self-Employed : Departmental Policy

Last Updated on August 29, 2016

Promoting Business Immigration

Officers would typically be able to provide objective information concerning the entrepreneur program to applicants and third party representatives. However, their ability to do this would remain subject to various operational priorities. Similarly, subject to various operational pressures or constraints, officers would, on occasion, be able to take on active promotion and marketing roles.

These promotional efforts would, on the whole, familiarise potential applicants with the services that provincial governments typically offer to business immigrants. Therefore, wherever feasible, officers would need to coordinate their promotional efforts with provincial government representatives.

The authorities exhort officers to encourage individuals to apply as entrepreneurs in a myriad of ways. For more information on this, read the following sections on:

Holding business immigration seminars and,
Supplying promotional material

Holding Business Immigration Seminars

The authorities could hold business immigration seminars from time to time. In many cases, they would do this when they have ample resources available and where the potential demand warrants the need for such a seminar. They could use these seminars as a platform for:

Providing information about the program
Fielding questions from the people attending the seminar and,
Clarifying the roles and responsibilities of the federal and provincial governments

Supplying Promotional Material

Promotional material refers to resources that the authorities could use for promoting awareness levels of the program among clients. The authorities could provide such material to their clients on an as and when needed basis.

An example of such promotional material could be the guide titled “Applying as a Business Immigrant”. Readers would be able to view this guide on the website of Citizenship and Immigration Canada (CIC). This guide typically comprises:

The Simplified Application Process or,
The Regular Application Process

These guides carry detailed information that clarify the entrepreneur, investor and self-employed classes. In addition, they carry comprehensive details on the various application procedures as well. These guides are standard sources of written counselling information on the Business Immigration Program from the federal government.

Obtaining Relevant Information (A11)

The applicant bears all the responsibility for producing the relevant information needed for supporting their application. As such, the applicant would need to:

Provide original supporting documentation or certified copies as part of the application
- In some situations, the applicant might provide copies of the documents while submitting the application
- In this scenario, the applicant would need to produce the original documents at the interview, if the officers make such a request
Provide certified translations in English or French, and an interpreter, as required
- It is worth mentioning that the interpreter must be a professional and not a friend, relative, employee, lawyer or consultant of the applicant

Interviews

The officers have the prerogative of calling or not calling members of the business immigrant class for an interview. This places them at par with other classes of immigrants. Officers have the authority for waiving the requirements for an interview when the documentation submitted with the application clearly establishes eligibility. If the officer feels satisfied that the documentation submitted is authentic, the officer can waive the requirements for an interview. It is worth mentioning however, that local experience will continue to drive office interview policy.

In some cases, the officers might find that the interview clearly establishes the fact that the applicant is not an entrepreneur within the meaning of R88 (1). In this scenario, the officers have the ability to refuse the application. This is in accordance with the provisions specified in R97 (2).

Interviewing Family Members

In some situations, the officers might require the presence of the family members. This will typically be necessary for the purpose of assessing the application. The officers would require the presence of the family members regardless of whether the family members will accompany the principal applicant to Canada or not.

Note:

The officers have the authority to conduct the interview of the principal applicant and any family members (if interviewed) at the visa office or at any other appropriate location
This is in accordance with the provisions specified in A15
The officers would need to have legitimate reasons for requiring the presence of the family members at an interview
However, it is worth specifying that there are no limitations that apply to the scope or purview of these reasons
The officers would need to ensure that the principal applicant meets all the specified statutory requirements before they issue visas to the applicants
Meeting the statutory requirements typically means that the principal applicant would need to meet all:
- Medical requirements
- Criminal requirements
- Security requirements
- Truthfulness requirements and,
- The requirements concerning the proof of relationship to the family members