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The Guidelines for Assessing Admissibility
At the outset, the officers would need to ensure that the applicant meets the regulatory definition of a self-employed individual. Once they are satisfied on this count, they would assess the applicant against the point system for the self-employed class. For this, the officers would need to evaluate the applicant’s admissibility with the following grid. It is worth mentioning that the applicant would need to score 35 points out of a maximum of 100 points available. The Minister has determined this specific requirement.
The table given below specifies the selection factors and the maximum number of points that officers would need to award entrepreneurs with. It also outlines the criteria against which officers would need to assess the applicant. It specifies the number of points that the officers would need to award to the applicants as well.
Business Experience (see note below) | Maximum Points (35) |
Business experience of five years | 35 |
Business experience of four years | 30 |
Business experience of three years | 25 |
Business experience of two years | 20 |
| Note: The authorities would consider business experience as long as the applicant acquired it within five years prior to the date of application. In addition, the officers would need to consider any additional experience gained in the period prior to the selection decision as well. | |
Age | Maximum Points (10) |
Aged 21 – 49 years at the time of application | 10 |
Officers would need to reduce two points for each year of age above 49 years or below 21 years |
Education | Maximum Points (25) |
Doctorate or Master’s Degree + 17 years of full-time or full-time equivalent studies | 25 |
3-year trade certificate or LLB or Medical Degree + 15 years full-time or full-time equivalent studies | 22 |
Bachelor’s Degree or 2-year Trade Certificate + 14 years full-time or full-time equivalent studies | 20 |
Bachelor’s Degree or 1-year Trade Certificate + 13 years full-time or full-time equivalent studies | 15 |
1 year post-secondary + 12 years full-time of full-time equivalent studies | 12 |
Secondary school education | 5 |
Official Languages | First Language | Second Language | Maximum Points (24) |
High proficiency | 16 | 8 | Maximum 24 |
Moderate proficiency | 8 | 8 | Maximum 16 |
Basic proficiency | 2 | 2 | Maximum 4 |
No proficiency | 0 | 0 |
Adaptability | Maximum Points (6) |
Spouse’s or common-law partner’s education | 3 – 5 |
Minimum one year’s full-time authorised work in Canada (applies to either the principal applicant, the spouse or the common-law partner) | 5 |
Minimum two year’s full-time post-secondary studies in Canada (applies to either the principal applicant, the spouse or the common-law partner) | 5 |
Family member in Canada | 5 |
Total | Maximum Points (100) |
Note:
- It is worth highlighting that this points system does not apply to people who earn selection under the Quebec Program
- This is because Quebec typically selects its own business foreign nationals in accordance with the terms specified in the Canada – Quebec Accord
The Substitution of Evaluation
Officers have the authority to issue or refuse visas regardless of the points obtained. This is especially so if, in their opinion, the points awarded to not reflect the chances of the foreign national becoming economically established in Canada. This is in accordance with the provisions specified in R109 (1). In this scenario, the officers would need to obtain the concurrence of other officers. This is in accordance with the provisions specified in R109 (2).
The Guidelines for Requesting and Reviewing Documentation
Any documentation submitted by the applicant would need to provide evidence of the applicant’s financial position. In addition, it would need to highlight the previous self-employment or experience of the applicant. Moreover, it would need to provide reasonable evidence that the applicant merits consideration under the terms of the program.
It is worth mentioning that officers have the authority to request the self-employed applicants to provide evidence of:
- Having researched the Canadian labour market and,
- Adopting a realistic plan that the officers could reasonably expect would lead to self-employment
However, the authorities discourage applicants from submitting a formal business plan that would typically entail:
- Unnecessary expenses and,
- Various administrative burdens
The Guidelines for Processing Self-Employed Applicants Destined for Quebec
Quebec immigration officials are responsible for selecting self-employed individuals destined to Quebec. These officials are also responsible for the selection of entrepreneurs destined to Quebec.
The Guidelines for Making the Eligibility Decision
As mentioned earlier, the officers would assess the applicant’s eligibility. Thereafter, the officers would need to:
- Determine that the applicant does not meet the prescribed regulatory definition and refuse the application or,
- Decide that the applicant is eligible as a self-employed person and proceed to assess the admissibility of the applicant
Note:
- There are no provisions in the Regulations for imposing conditions on self-employed applicants
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