Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2017-09-14 and last amended on 2017-06-27. Previous Versions

Experience

  •  (1) and (2) [Repealed, SOR/2016-316, s. 9]

  • Self-employed person

    (3) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 35 points for relevant experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

    • (a) 20 points for

      • (i) two one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience,

      • (ii) two one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience, or

      • (iii) two one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1);

    • (b) 25 points for

      • (i) three one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience,

      • (ii) three one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience, or

      • (iii) three one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1);

    • (c) 30 points for

      • (i) four one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience,

      • (ii) four one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience, or

      • (iii) four one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1); and

    • (d) 35 points for

      • (i) five one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience,

      • (ii) five one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience, or

      • (iii) five one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1).

  • SOR/2004-167, s. 38;
  • SOR/2016-316, s. 9.

Adaptability

 [Repealed, SOR/2016-316, s. 10]

Marginal note:Self-employed person
  •  (1) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 6 points for adaptability on the basis of any combination of the following elements:

    • (a) for the educational credentials of the member’s accompanying spouse or common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

    • (b) for any previous period of study in Canada by the member or their spouse or common-law partner, 5 points;

    • (c) for any previous period of work in Canada by the member or their spouse or common-law partner, 5 points; and

    • (d) for being related to, or for having an accompanying spouse or accompanying common-law partner who is related to, a person living in Canada who is described in subsection (5), 5 points.

  • Marginal note:Educational credentials of spouse or common-law partner

    (2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of the accompanying spouse or accompanying common-law partner of the member of the self-employed persons class as if the spouse or common-law partner were the member, and shall award points to the member as follows:

    • (a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

    • (b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

    • (c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

  • Marginal note:Previous study in Canada

    (3) For the purposes of paragraph (1)(b), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner, on or after their 17th birthday, completed a program of full-time study of at least two years’ duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.

  • Marginal note:Previous work in Canada

    (4) For the purpose of paragraph (1)(c), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner engaged in at least one year of full-time work in Canada under a work permit.

  • Marginal note:Family relationships in Canada

    (5) For the purposes of paragraph (1)(d), a member of the self-employed persons class shall be awarded 5 points if

    • (a) the member or their accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is

      • (i) their father or mother,

      • (ii) the father or mother of their father or mother,

      • (iii) their child,

      • (iv) a child of their child,

      • (v) a child of their father or mother,

      • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

      • (vii) a child of the child of their father or mother; or

    • (b) the member has a spouse or common-law partner who is not accompanying them and is a Canadian citizen or permanent resident living in Canada.

  • SOR/2004-167, s. 39;
  • SOR/2014-140, s. 5.

Requirements

 [Repealed, SOR/2008-202, s. 6]

Marginal note:Permanent resident status

 A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the self-employed persons class or the Quebec self-employed persons class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the foreign national is not inadmissible.

  • SOR/2008-202, s. 6;
  • SOR/2016-316, s. 11.

Selection

Marginal note:Application for visa
  •  (1) Subject to subsection (5), if a foreign national makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the self-employed persons class or the Quebec self-employed persons class for a permanent resident visa, an officer shall issue the visa to the foreign national and their accompanying family members if

    • (a) the foreign national and their family members, whether accompanying or not, are not inadmissible and meet the requirements of the Act and these Regulations;

    • (b) when the foreign national and their accompanying family members intend to reside in a place in Canada other than a province whose government has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister under which the province has sole responsibility for selection, the foreign national is awarded the minimum number of points referred to in subsection (4); and

    • (c) when the foreign national and their accompanying family members intend to reside in a province whose government has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister under which the province has sole responsibility for selection, the foreign national is named in a selection certificate issued by that province.

  • (2) and (3) [Repealed, SOR/2016-316, s. 12]

  • Marginal note:Minimum points — self-employed persons

    (4) The Minister shall fix and make available to the public the minimum number of points required of a self-employed person, on the basis of

    • (a) the number of applications by members of the self-employed persons class currently being processed;

    • (b) the number of self-employed persons projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

    • (c) the potential, taking into account economic and other relevant factors, for the establishment of self-employed persons in Canada.

  • Marginal note:Federal-provincial agreement

    (5) A permanent resident visa shall not be issued to a foreign national as a member of the Quebec investor class, or to their accompanying family members, if the Minister is engaged in consultations with the province in respect of the interpretation or implementation of the agreement, referred to in subsection 9(1) of the Act and entered into under subsection 8(1) of the Act, between the province and the Minister in respect of the selection of investors and the consultations have not been successfully completed.

  • SOR/2004-167, s. 40;
  • SOR/2014-140, s. 6(F);
  • SOR/2016-316, s. 12.
 
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