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Why the officer states: “you do not qualify for a permanent resident visa in the self-employed persons class” ?

Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada.

Subsection 100(1) of the Immigration and Refugee Protection Regulations. 2002 states that for the purposes of subsection 12(2) of the Act, the self-employed persons class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are self-employed persons within the meaning of subsection 88(1).

Subsection 88(1) of the regulations defines a “self-employed person” as a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada.

“Relevant experience” 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

(i) in respect of cultural activities,

(A) two one-year periods of experience in self-employment in cultural activities.

(B) two one-year periods of experience in participation at a world class level in cultural activities, or

(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),

(ii) in respect of athletics,

(A) two one-year periods of experience in self-employment in athletics,

(B) two one-year periods of experience in participation at a world class level in athletics,

or

(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), and

(iii) in respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm.

Subsection 100(2) of the regulations states that if a foreign national who applies as a member of the self-employed persons class is not a self-employed person within the meaning of subsection 88(1), the definition of a “self-employed person” set out in subsection 88(1) of the regulations because based on the evidence submitted I am not satisfied that you have the ability and intent to become self-employed in Canada. Consequently, you are not eligible to receive a permanent resident visa as a member of the self-employed persons class.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it. Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.

Pax Law can help you!

If you have received a refusal letter similar to the above, we might be able to help. Please visit our appointment booking page to make an appointment with Dr. Samin Mortazavi; alternatively, you can call our offices at +1-604-767-9529.


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