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Self-employed persons
The self-employed persons are expected to contribute to the cultural or athletic life of Canada. They are able to create their own employment by purchasing & managing a farm in Canada. They should also have relevant experience and has the intention and ability to be self-employed and to make a significant contribution to specified economic activities.
"Relevant experience" in respect of a self-employed person, means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of
A. two one-year periods of experience in self-employment in cultural activities and/ or athletics,
B. two one-year periods of experience in participation at a world class level in cultural activities and/or athletics, or
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C. a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B).
D. In respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm. "Specified economic activities", means cultural activities, athletics or the purchase and management of a farm.
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To Apply as a Business Immigrant – Investor, Entrepreneur or Self-Employed Person
There are two different processes for business immigrants who want to become permanent residents: the regular process and the simplified application process. Beginning September-I, 2006; all applicants must use the simplified application process unless they:
have been selected by Quebec; or
have a legal temporary resident status in Canada as workers or students and are submitting their application at the Canadian visa office in Buffalo; or
have a legal status in the United States and are submitting their applications at the Canadian visa office in Buffalo.
Requirements for applying under regular process:
Application for Permanent Residence in Canada Form [IMM 0008, Generic] See Annexure CAN-IX.
Background/Declaration Form [IMM 0008, Schedule 1] See Annexure CAN-X.
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Economic class - Business Immigrants Form [IMM 0008,
Schedule 6] See Annexure CAN-XA.
Additional Family Information Form [IMM 5406] See Annexure CAN-XI.
Use of a Representative Form [IMM 5476] See Annexure CAN-II.
Personal Information Form (See Annexure CAN-XXIV).
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Requirement for applying under simplified process:
Application for Permanent Residence in Canada Form [IMM 0008 BU] See Annexure CAN-XXVIII. Use of a Representative Form [IMM 5476] See Annexure CAN-II.
Personal Information Form - See Annexure CAN-XXIV.
The new simplified process is in following stages:
Stage One: Initial Application
Stage Two: Filing Supporting Documents
Processing Times
Stage One: Initial Application
When the initial application is submitted, the visa office will check whether the correct form has been submitted and the correct fees paid.
If the forms are incomplete, the fees are incorrect, or the applicant does not reside in the territory of the visa office the application will be returned.
Any information or document which is not required at the initial stage application but has been furnished, the same will be returned back to the applicant.
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If the application form and fee submitted is correct, an Acknowledgment of Receipt letter will be issued, generally within 30 days, confirming that the initial application has been registered, advising the applicant about his/her file number, and providing information on expected processing times and Stage Two of the process.
During the initial application period, applicant is advised not to contact the visa office even if his marital status has changed or have had children or have changed employment, or have received a new degree or diploma. This information should be updated at Stage Two: Filing of Supporting Documents.
Applicant should, however, contact the visa office if:
(a) The applicant changes his/her immigration representative (using the form Use of a Representative, IMM 5476);
(b) There is any change in the mailing address;
(c) Applicant decide to withdraw his/her application
(d) Applicants have been nominated in the provincial nominee programme;
(e) Applicant obtained a reserved employment in Canada.
Stage Two: Filing Supporting Documents
When the visa office is ready to assess the application, they will contact the applicant. At this stage the applicant is expected to submit:
(a) Updated application forms (if any);
(b) Additional fees (if the applicant gets married, or now have additional children);
(c) All supporting documents as listed below. The visa office will provide the applicant with a checklist. This will include additional photographs, educational and professional certificates, business documents, proof of language ability, police certificates, etc.
Once the visa office has received all documents, a Citizenship and Immigration (CIC) officer will assess the application, taking into account all of the information and documentation so provided by the applicant.
The CIC officer will make a decision on the application based ion the points accumulated in the selection factors by the applicant. The officer will also assess applicant's ability to meet the required funds as per the size of his/her family. Applicant will then be advised of the result and of any additional requirements (such as an interview, medical examinations, passport, etc.).
Processing Times
Applicant will be advised of the probable time period in the Acknowledgment of Receipt letter. However, this may change. Applicant can speed up the process at Stage Two by:
making sure that all the necessary information is included;
avoiding unnecessary inquiries;
making sure that the documents provided are clear and readable, and that certified translations have been provided where indicated.
Stage Two may take a longer time than usual if the visa office has to take extra steps to assess the case, for example:
if there are criminality or security problems;
if the family situation is not clear due to an incomplete adoption or divorce, or child custody issues have not been resolved;
if the local visa office has to consult other offices in Canada or abroad.
Selection Criteria
For the application to be considered in any category applicant must meet the definition of the class Jar which he/ she is applying for. If the applicant successfully meets the definition, he/ she is assessed against five selection factors: business experience, age, education, official language and adaptability. For each selection factor, a specific number of selection points are allotted. The tables below will help in estimating how points are earned for each factor. The pass marks for all three classes is 35. If applicant scores less than 35 marks, his application will be refused.
Investors and Entrepreneurs
Factor 1: Business experience (max. 35 points)
Two years 20
Three years 25
Four years 30
Five years 35
This experience must have been obtained within a period of five years before applying.
Factor 2 : Age (max. 10 points)
Age
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16 or less |
17 |
18 |
19 |
20 |
21 - 49 |
50 |
51 |
52 |
53 |
54+ |
Points
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0 |
2 |
4 |
6 |
8 |
10 |
8 |
6 |
4 |
2 |
0 |
Above table indicates applicant’s age at the time of making the application.
Factor 3:
Education (max. 25 points)
| Less than secondary school (also called high school) |
0 |
Secondary school credential
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12 |
One-year post-secondary education and completed at
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least 12 years of full-time or full-time equivalent studies
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15 |
One-year post-secondary education and completed at
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least 13 years of full-time or full-time equivalent studies
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15 |
One-year university education at the bachelor's level and
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completed at least 13 years of full-time or full-time
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equivalent studies
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20 |
Two-year post-secondary education and completed at least
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14 years of full-time or full-time equivalent studies:
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20 |
Two-year university education at the bachelor's level and
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completed at least 14 years of full-time or full-time
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equivalent studies
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20 |
Three-year post-secondary education and completed at least
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15 years of full-time or full-time equivalent studies
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22 |
Two or more university educational credentials at the
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bachelor's level and completed at least 15 years of full-time
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or full-time equivalent studies
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22 |
Master's or PhD and completed at least 17 years of full-time
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or full-time equivalent studies.
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25 |
Factor 4: English and French language ability (max. 24 points)
To assess English and French language ability, the applicant should first decide as to which language he is comfortable with. This language becomes his first official language. The language in which he is less comfortable in communicating becomes his second official language. Tables below define how points are allotted for each "levels of language proficiency:
First Official
Language |
Read |
Write |
Listen |
Speak |
Max. score
per category
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High proficiency
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4 |
4 |
4 |
4 |
16
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Moderate proficiency
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2 |
2 |
2 |
2 |
8
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Basic proficiency
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1 |
1 |
1 |
1 |
2
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No proficiency
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0 |
0 |
0 |
0 |
0
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| Maximum possible score for all four abilities in first official language |
16 |
Second Official
Language
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Read |
Write |
Listen |
Speak |
Max. score
per category |
High proficiency
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2 |
2 |
2 |
2 |
8 |
Moderate nroficiencv
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2 |
2 |
2 |
2 |
8 |
Basic Droficiencv
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1 |
1 |
1 |
1 |
2 |
No proficiency
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0 |
0 |
0 |
0 |
0 |
| Maximun possiable Score for all four abilities in second official language |
8 |
| Maximum possible score total for both official languages |
24 |
Factor 5: Adaptabilit1j (max. 6 points)
Applicant has made a business exploration trip to Canada in the period beginning 5 years prior to the date of application |
6 |
Applicant has participated in joint federal-provincial business immigration initiatives. |
6 |
In case applicant wishes to be assessed for adaptability points, it is necessary that applicant's province of destination provides him/ her with a documentation indicating that it is satisfied that the applicant has met one or both the above elements:
For the purpose of awarding points:
a trip to Canada becomes a business exploration trip to Canada only when a province has deemed it to be so; and
each province establishes individually, what constitutes participation in a joint federal-provincial business immigration initiative.
Self-employed Persons
Factor 1: Business experience (max. 35 points)
Same as Factor 1 above.
Factor 2: Age (max. 10 points)
Same as Factor. 2 above.
Factor 3: Education (max. 25 points)
Same as Factor 3 above
Factor 4: English French language ability (max. 24 points)
Same as factor 4 above.
Factor 5: Adaptability (max. 6 points)
A maximum of 6 points for adaptability can be earned by any combination of the following elements:
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Applicant's accompanying spouse or common-law
partner's level of education
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1 |
Secondary school, diploma or less
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0 |
One or two years post secondary educational credential
and at least 13 years of education
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3 |
Three-year post-secondary educational credential and at least 15 years of education
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4 |
A Master's or PhD and at least 17 years of education
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5 |
2 |
Applicant's accompanying spouse or common-law
partner's has studied in Canada |
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Not at all, or anything less than two years post- secondary education in Canada
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0 |
Obtained a Canadian post-secondary education credentials of at least two years since the age of 18
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5 |
3 |
Applicant's or his accompanying spouse or common-law
partner's has worked in Canada
Not at ail, or less than one year full-time work in canada
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0 |
Worked full-time in Canada for at least one year
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5 |
4 |
Applicant's or his accompanying spouse or common-law
partner's has family in Canada
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No
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0 |
Have a parent grandparent, aunt, uncle, sister, brother, nephew, nice, child or grandchild who is a Canadian
citizen or permanent resident living in Canada
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5
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Documents required for all Business Immigrants
Duly filled and signed application forms along with correct number of photos as specified on each form.
Identity and Civil status documents such as birth, marriage, final divorce, annulment or separation certificates for the applicant and his spouse: death certificate for former spouse if applicable.
Children's information such as children's birth certificates (showing parents name), adoption papers for adopted dependent children, proof of custody for children under the age of 22 etc.
Police certificate and clearances
Background documents (if applicable):
any document to support the answers to questions in the Background/Declaration form.
Passports of principal applicant, spouse and dependent children. Include only copies of pages showing passport number, date of issue and expiration, photo, name, date and place of birth. If the applicant lives in a country other than India, include a copy of visit for the country in which the applicant lives.
Settlement funds
Proof of sufficient funds currently available to maintain the applicant and his family members until the applicant is self supporting in Canada. These funds must be readily transferable to Canada in a convertible currency.
Financial statements for the last there (3) years such as bank accounts, share certificates, portfolio etc).
Proof of assets such as properties, buildings, land etc.
Proof of payment of fee.
Certificate De Selection Du Quebec (CSQ) (if required).Original of Certificate De Selection Du Quebec (CSQ) if intending to live in the province of Quebec.
Additional Information - any document or record to demonstrate adaptability, initiative, motivation or resourcefulness. All school certificates, diplomats and degrees of the applicant and his spouse or common-law partner and children. Apprenticeship or
trade papers. Letters of reference or work certificates from present and past employers for self and spouse or common-law partner etc
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