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PART 6
ECONOMIC CLASSES
Division 1
Skilled Workers
Interpretation
Definitions
73. The definitions in this section apply in this Division.
"educational credential"
diplôme
"educational credential" means any diploma, degree or trade or apprenticeship credential issued on the completion of a program of study or training at an educational or training institution recognized by the authorities responsible for registering, accrediting, supervising and regulating such institutions in the country of issue. ( diplôme )
"former Regulations"
ancien règlement
"former Regulations" has the same meaning as in subsection 316(1); ( ancien règlement )
"restricted occupation"
profession d'accès limité
"restricted occupation" means an occupation designated as a restricted occupation by the Minister, taking into account labour market activity on both an area and a national basis, following consultation with the Department of Human Resources Development, provincial governments and any other relevant organizations or institutions. ( profession d'accès limité )
SOR/2003-383, s. 2.
General
Obtaining status
74. (1) Subject to subsection (2), a skilled worker who meets the requirements of sections 76 and 77 must, in order to become a permanent resident, present their permanent resident visa to an officer at a port of entry.
Exception
(2) A skilled worker who meets the requirements of this Division may also become a permanent resident if they present their permanent resident visa to an officer at an office of the Department in Canada and provide evidence that they
(a) have an arranged employment under section 82; and
(b) hold a work permit, are working in Canada and have done so for at least one year preceding the date of their application for a permanent resident visa.
Federal Skilled Workers
Federal Skilled Worker Class
Class
75. (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.
Skilled workers
(2) A foreign national is a skilled worker if
(a) within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
(b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and
(c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.
Minimal requirements
(3) If the foreign national fails to meet the requirements of subsection (2), the application for a permanent resident visa shall be refused and no further assessment is required.
SOR/2004-167, ss. 27, 80(F).
Selection criteria
76. (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:
(a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,
(i) education, in accordance with section 78,
(ii) proficiency in the official languages of Canada, in accordance with section 79,
(iii) experience, in accordance with section 80,
(iv) age, in accordance with section 81,
(v) arranged employment, in accordance with section 82, and
(vi) adaptability, in accordance with section 83; and
(b) the skilled worker must
(i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to half the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or
(ii) be awarded the number of points referred to in subsection 82(2) for arranged employment in Canada within the meaning of subsection 82(1).
Number of points
(2) The Minister shall fix and make available to the public the minimum number of points required of a skilled worker, on the basis of
(a) the number of applications by skilled workers as members of the federal skilled worker class currently being processed;
(b) the number of skilled workers 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 skilled workers in Canada.
Circumstances for officer's substituted evaluation
(3) Whether or not the skilled worker has been awarded the minimum number of required points referred to in subsection (2), an officer may substitute for the criteria set out in paragraph (1)(a) their evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the skilled worker may become economically established in Canada.
Concurrence
(4) An evaluation made under subsection (3) requires the concurrence of a second officer.
SOR/2004-167, s. 28.
Conformity — applicable times
77. For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met at the time an application for a permanent resident visa is made as well as at the time the visa is issued.
Selection Grid
Definitions
78. (1) The definitions in this subsection apply in this section.
"full-time"
temps plein
"full-time" means, in relation to a program of study leading to an educational credential, at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of instruction. ( temps plein )
"full-time equivalent"
équivalent temps plein
"full-time equivalent" means, in respect of part-time or accelerated studies, the period that would have been required to complete those studies on a full-time basis. ( équivalent temps plein )
Education (25 points)
(2) A maximum of 25 points shall be awarded for a skilled worker's education as follows:
(a) 5 points for a secondary school educational credential;
(b) 12 points for a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 12 years of completed full-time or full-time equivalent studies;
(c) 15 points for
(i) a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 13 years of completed full-time or full-time equivalent studies, or
(ii) a one-year university educational credential at the bachelor's level and a total of at least 13 years of completed full-time or full-time equivalent studies;
(d) 20 points for
(i) a two-year post-secondary educational credential, other than a university educational credential, and a total of at least 14 years of completed full-time or full-time equivalent studies, or
(ii) a two-year university educational credential at the bachelor's level and a total of at least 14 years of completed full-time or full-time equivalent studies;
(e) 22 points for
(i) a three-year post-secondary educational credential, other than a university educational credential, and a total of at least 15 years of completed full-time or full-time equivalent studies, or
(ii) two or more university educational credentials at the bachelor's level and a total of at least 15 years of completed full-time or full-time equivalent studies; and
(f) 25 points for a university educational credential at the master's or doctoral level and a total of at least 17 years of completed full-time or full-time equivalent studies.
Multiple educational achievements
(3) For the purposes of subsection (2), points
(a) shall not be awarded cumulatively on the basis of more than one single educational credential; and
(b) shall be awarded
(i) for the purposes of paragraphs (2)(a) to (d), subparagraph (2)(e)(i) and paragraph (2)(f), on the basis of the single educational credential that results in the highest number of points, and
(ii) for the purposes of subparagraph (2)(e)(ii), on the basis of the combined educational credentials referred to in that paragraph.
Special circumstances
(4) For the purposes of subsection (2), if a skilled worker has an educational credential referred to in paragraph (2)(b), subparagraph (2)(c)(i) or (ii), (d)(i) or (ii) or (e)(i) or (ii) or paragraph (2)(f), but not the total number of years of full-time or full-time equivalent studies required by that paragraph or subparagraph, the skilled worker shall be awarded the same number of points as the number of years of completed full-time or full-time equivalent studies set out in the paragraph or subparagraph.
Proficiency in English and French (20 points)
79. (1) A skilled worker must specify in their application for a permanent resident visa which of English or French is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must
(a) have their proficiency in those languages assessed by an organization or institution designated under subsection (3); or
(b) provide other evidence in writing of their proficiency in those languages.
Points
(2) Assessment points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points based on the benchmarks referred to in Canadian Language Benchmarks 2000 for the English language and Standards linguistiques Canadiens 2002 for the French language, as follows:
(a) for the ability to speak, listen, read or write with high proficiency
(i) in the first official language, 4 points for each of those abilities if the skilled worker's proficiency corresponds to a benchmark of 8 or higher, and
(ii) in the second official language, 2 points for each of those abilities if the skilled worker's proficiency corresponds to a benchmark of 8 or higher;
(b) for the ability to speak, listen, read or write with moderate proficiency
(i) in the first official language, 2 points for each of those abilities if the skilled worker's proficiency corresponds to a benchmark of 6 or 7, and
(ii) in the second official language, 2 points for each of those abilities if the skilled worker's proficiency corresponds to a benchmark of 6 or 7; and
(c) for the ability to speak, listen, read or write
(i) with basic proficiency in either official language, 1 point for each of those abilities, up to a maximum of 2 points, if the skilled worker's proficiency corresponds to a benchmark of 4 or 5, and
(ii) with no proficiency in either official language, 0 points if the skilled worker's proficiency corresponds to a benchmark of 3 or lower.
Designated organization
(3) The Minister may designate organizations or institutions to assess language proficiency for the purposes of this section and shall, for the purpose of correlating the results of such an assessment by a particular designated organization or institution with the benchmarks referred to in subsection (2), establish the minimum test result required to be awarded for each ability and each level of proficiency in the course of an assessment of language proficiency by that organization or institution in order to meet those benchmarks.
Conclusive evidence
(4) The results of an assessment of the language proficiency of a skilled worker by a designated organization or institution and the correlation of those results with the benchmarks in accordance with subsection (3) are conclusive evidence of the skilled worker's proficiency in the official languages of Canada for the purposes of subsections (1) and 76(1).
SOR/2004-167, s. 29.
Experience (21 points)
80. (1) Up to a maximum of 21 points shall be awarded to a skilled worker for full-time work experience, or the full-time equivalent for part-time work experience, within the 10 years preceding the date of their application, as follows:
(a) for one year of work experience, 15 points;
(b) for two years of work experience, 17 points;
(c) for three years of work experience, 19 points; and
(d) for four or more years of work experience, 21 points.
Listed occupation
(2) For the purposes of subsection (1), points are awarded for work experience in occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.
Occupational experience
(3) For the purposes of subsection (1), a skilled worker is considered to have experience in an occupation, regardless of whether they meet the occupation's employment requirements of the occupation as set out in the occupational descriptions of the National Occupational Classification, if they performed
(a) the actions described in the lead statement for the occupation as set out in the National Occupational Classification; and
(b) at least a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all the essential duties.
Work in excess
(4) A period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, shall be evaluated as a single period of full-time work experience in a single occupation.
Classification code
(5) A skilled worker must specify in their application for a permanent resident visa the four-digit code of the National Occupational Classification that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker's work experience.
Officer's duty
(6) An officer is not required to consider occupations that have not been specified in the application.
Full-time
(7) For the purposes of this section, full-time work is equivalent to at least 37.5 hours of work per week.
Age (10 points)
81. Points shall be awarded up to a maximum of 10 for a skilled worker's age, as of the date of their application, as follows:
(a) 10 points for 21 years of age or older but less than 50 years of age;
(b) 8 points, for 20 or 50 years of age;
(c) 6 points, for 19 or 51 years of age;
(d) 4 points, for 18 or 52 years of age;
(e) 2 points, for 17 or 53 years of age; and
(f) 0 points, for less than 17 years of age or 54 years of age or older.
Definition — arranged employment
82. (1) In this section, "arranged employment" means an offer of indeterminate employment in Canada.
Arranged employment (10 points)
(2) Ten points shall be awarded to a skilled worker for arranged employment in Canada in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix if they are able to perform and are likely to accept and carry out the employment and
(a) the skilled worker is in Canada and holds a work permit and
(i) there has been a determination by an officer under section 203 that the performance of the employment by the skilled worker would be likely to result in a neutral or positive effect on the labour market in Canada,
(ii) the skilled worker is currently working in that employment,
(iii) the work permit is valid at the time an application is made by the skilled worker for a permanent resident visa as well as at the time the permanent resident visa, if any, is issued to the skilled worker, and
(iv) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker;
(b) the skilled worker is in Canada and holds a work permit referred to in paragraph 204(a) or 205(a) or subparagraph 205(c)(ii) and the circumstances referred to in subparagraphs (a)(ii) to (iv) apply;
(c) the skilled worker does not intend to work in Canada before being issued a permanent resident visa and does not hold a work permit and
(i) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker, and
(ii) an officer has approved that offer of employment based on an opinion provided to the officer by the Department of Human Resources Development at the request of the employer or an officer that
(A) the offer of employment is genuine,
(B) the employment is not part-time or seasonal employment, and
(C) the wages offered to the skilled worker are consistent with the prevailing wage rate for the occupation and the working conditions meet generally accepted Canadian standards; or
(d) the skilled worker holds a work permit and
(i) the circumstances referred to in subparagraphs (a)(i) to (iv) and paragraph (b) do not apply, and
(ii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply.
SOR/2004-167, s. 30.
Adaptability (10 points)
83. (1) A maximum of 10 points for adaptability shall be awarded to a skilled worker on the basis of any combination of the following elements:
(a) for the educational credentials of the skilled worker's accompanying spouse or accompanying 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 skilled worker or the skilled worker's spouse or common-law partner, 5 points;
(c) for any previous period of work in Canada by the skilled worker or the skilled worker's spouse or common-law partner, 5 points;
(d) for being related to a person living in Canada who is described in subsection (5), 5 points; and
(e) for being awarded points for arranged employment in Canada under subsection 82(2), 5 points.
Educational credentials of spouse or common-law partner
(2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of a skilled worker's accompanying spouse or accompanying common-law partner as if the spouse or common-law partner were a skilled worker, and shall award points to the skilled worker 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.
Previous study in Canada
(3) For the purposes of paragraph (1)(b), a skilled worker shall be awarded 5 points if the skilled worker or their accompanying spouse or accompanying common-law partner, by the age of 17 or older, 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.
Previous work in Canada
(4) For the purposes of paragraph (1)(c), a skilled worker shall be awarded 5 points if they 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.
Family relationships in Canada
(5) For the purposes of paragraph (1)(d), a skilled worker shall be awarded 5 points if
(a) the skilled worker or the skilled worker's 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 skilled worker has a spouse or common-law partner who is not accompanying the skilled worker and is a Canadian citizen or permanent resident living in Canada.
Requirements
Family members
84. The requirement with respect to a person who is a family member of a skilled worker who makes an application under Division 6 of Part 5 for a permanent resident visa is that the person is, in fact, a family member of the skilled worker.
Permanent resident status
85. A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the federal skilled worker class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.
Transitional Federal Skilled Workers
Transitional Federal Skilled Worker Class
Class
85.1 (1) For the purposes of subsection 12(2) of the Act, the transitional federal skilled worker class is hereby prescribed as a class of persons who are transitional skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.
Transitional skilled workers
(2) A foreign national is a transitional skilled worker if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, that was
(a) refused after March 31, 2003 and before June 20, 2003; or
(b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.
SOR/2003-383, s. 3; SOR/2004-167, s. 80(F).
Application before January 1, 2005
85.2 (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal skilled worker class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.
Alternate place of application
(2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 85.1(2) was made, instead of to the immigration office referred to in subsection 11(1).
SOR/2003-383, s. 3.
Criteria
85.3 For the purpose of determining whether a transitional skilled worker, as a member of the transitional federal skilled worker class, will be able to become economically established in Canada, they must
(a) be awarded the number of units of assessment required by the former Regulations for a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations; or
(b) meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.
SOR/2003-383, s. 3.
Requirements
Obtaining status
85.4 A transitional skilled worker who meets the requirements of section 85.3 must, in order to become a permanent resident, present their permanent resident visa to an officer at a port of entry.
SOR/2003-383, s. 3.
Family members
85.5 The requirement with respect to a person who is a family member of a transitional skilled worker who makes an application under Division 6 of Part 5 for a permanent resident visa is that the person is, in fact, a family member of the transitional skilled worker.
SOR/2003-383, s. 3.
Permanent resident status
85.6 A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the transitional federal skilled worker class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.
SOR/2003-383, s. 3.
Quebec Skilled Worker Class
Class
86. (1) For the purposes of subsection 12(2) of the Act, the Quebec skilled worker class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.
Member of the class
(2) A foreign national is a member of the Quebec skilled worker class if they
(a) intend to reside in the Province of Quebec; and
(b) are named in a Certificat de sélection du Québec issued to them by that Province.
Becoming a permanent resident
(3) Subject to subsection (4), a foreign national who meets the requirements of subsection (2) must, in order to become a permanent resident, present their permanent resident visa to an officer at a port of entry.
Exception
(4) A foreign national who meets the requirements of subsection (2), holds a work permit, is working in Canada and has done so for at least one year preceding the date of their application for a permanent resident visa may also become a permanent resident if they present their permanent resident visa to an officer at an office of the Department in Canada.
SOR/2004-167, s. 80(F).
Provincial Nominee Class
Class
87. (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.
Member of the class
(2) A foreign national is a member of the provincial nominee class if
(a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and
(b) they intend to reside in the province that has nominated them.
Substitution of evaluation
(3) If the fact that the foreign national is named in a certificate referred to in paragraph (2)(a) is not a sufficient indicator of whether they may become economically established in Canada and an officer has consulted the government that issued the certificate, the officer may substitute for the criteria set out in subsection (2) their evaluation of the likelihood of the ability of the foreign national to become economically established in Canada.
Concurrence
(4) An evaluation made under subsection (3) requires the concurrence of a second officer.
Exclusion
(5) A foreign national who is named in a certificate referred to in paragraph (2)(a) shall not be considered a member of the provincial nominee class if there is evidence that they intend to participate in or have participated in a passive investment proposal.
Passive investment proposal
(6) For the purposes of subsection (5), a passive investment proposal is an investment proposal, involving an investment by a foreign national, that has as one of its objectives to facilitate or lead to the nomination of the foreign national by a province in a nomination certificate and their immigration to Canada where
(a) the foreign national has no active, ongoing or direct responsibility for managing or operating the enterprise to be financed by the proposal; or
(b) the terms of investment of the proposal include a redemption option exercisable by the foreign national after a specified period.
Becoming a permanent resident
(7) Subject to subsection (8), a foreign national who meets the requirements of subsections (2) to (4) must, in order to become a permanent resident, present their permanent resident visa to an officer at a port of entry.
Exception
(8) A foreign national who meets the requirements of subsections (2) to (4), holds a work permit, is working in Canada and has done so for at least one year preceding the date of their application for a permanent resident visa may also become a permanent resident if they present their permanent resident visa to an officer at an office of the Department in Canada.
SOR/2004-167, s. 80(F).
Division 2
Business Immigrants
Interpretation
Definitions
88. (1) The definitions in this subsection apply in this Division.
"agent"
mandataire
"agent" means, in respect of a fund, the Minister acting as an agent on behalf of a fund that has been approved by a province. ( mandataire )
"allocation period"
période de placement
"allocation period" means, in respect of the provincial allocation of an investor, the period of five years beginning on the first day of the second month after the month in which the agent receives the investment. ( période de placement )
"approved fund"
fonds agréé
"approved fund" means a fund that is approved by the Minister under section 91. ( fonds agréé )
"business experience"
expérience dans l'exploitation d'une entreprise
"business experience" , in respect of
(a) an investor, other than an investor selected by a province, means a minimum of two years of experience consisting of
(i) two one-year periods of experience in the management of a qualifying business and the control of a percentage of equity of the qualifying business 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,
(ii) two one-year periods of experience in the management of at least five full-time job equivalents per year in a business 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, or
(iii) a combination of a one-year period of experience described in subparagraph (i) and a one-year period of experience described in subparagraph (ii);
(b) an entrepreneur, other than an entrepreneur selected by a province, means a minimum of two years of experience consisting of two one-year periods of experience in the management of a qualifying business and the control of a percentage of equity of the qualifying business 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; and
(c) an investor selected by a province or an entrepreneur selected by a province, has the meaning provided by the laws of the province and is calculated in accordance with the laws of the province. ( expérience dans l'exploitation d'une entreprise )
"debt obligation"
titre de créance
"debt obligation" has the same meaning as in subsection 2(1) of the Canada Business Corporations Act. ( titre de créance )
"entrepreneur"
entrepreneur
"entrepreneur" means a foreign national who
(a) has business experience;
(b) has a legally obtained minimum net worth; and
(c) provides a written statement to an officer that they intend and will be able to meet the conditions referred to in subsections 98(1) to (5). ( entrepreneur )
"entrepreneur selected by a province"
entrepreneur selectionné par une province
"entrepreneur selected by a province" means an entrepreneur who
(a) intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of entrepreneurs; and
(b) is named in a selection certificate issued to them by that province. ( entrepreneur sélectionné par une province )
"former Regulations"
ancient règlement
"former Regulations" has the same meaning as in subsection 316(1). ( ancient règlement )
"full-time job equivalent"
équivalent d'emploi à temps plein
"full-time job equivalent" means 1,950 hours of paid employment. ( équivalent d'emploi à temps plein )
"fund"
fonds
"fund" means a corporation that is controlled by the government of a province and is authorized to create or continue employment in Canada in order to foster the development of a strong and viable economy. ( fonds )
"investment"
placement
"investment" means, in respect of an investor, a sum of $400,000 that
(a) in the case of an investor other than an investor selected by a province, is paid by the investor to the agent for allocation to all approved funds in existence as of the date the allocation period begins and that is not refundable during the period beginning on the day a permanent resident visa is issued to the investor and ending at the end of the allocation period; and
(b) in the case of an investor selected by a province, is invested by the investor in accordance with an investment proposal within the meaning of the laws of the province and is not refundable for a period of at least five years, as calculated in accordance with the laws of the province. ( placement )
"investor"
investisseur
"investor" means a foreign national who
(a) has business experience;
(b) has a legally obtained net worth of at least $800,000; and
(c) indicates in writing to an officer that they intend to make or have made an investment. ( investisseur )
"investor selected by a province"
investisseur sélectionné par une province
"investor selected by a province" means an investor who.
(a) intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of investors; and
(b) is named in a selection certificate issued to them by that province. ( investisseur sélectionné par une province )
"minimum net worth"
avoir net minimal
"minimum net worth" means
(a) in respect of an entrepreneur, other than an entrepreneur selected by a province, $300,000; and
(b) in respect of an entrepreneur selected by a province, the minimum net worth required by the laws of the province. ( avoir net minimal )
"net assets"
actif net
"net assets" , in respect of a qualifying business or a qualifying Canadian business, means the assets of the business, minus the liabilities of the business, plus shareholder loans made to the business by the foreign national who is making or has made an application for a permanent resident visa and their spouse or common-law partner. ( actif net )
"net income"
revenu net
"net income" , in respect of a qualifying business or a qualifying Canadian business, means the after tax profit or loss of the business plus remuneration by the business to the foreign national who is making or has made an application for a permanent resident visa and their spouse or common-law partner. ( revenu net )
"net worth"
avoir net
"net worth" , in respect of
(a) an investor, other than an investor selected by a province, means the fair market value of all of the assets of the investor and their spouse or common-law partner minus the fair market value of all of their liabilities;
(b) an entrepreneur, other than an entrepreneur selected by a province, means the fair market value of all of the assets of the entrepreneur and their spouse or common-law partner minus the fair market value of all of their liabilities; and
(c) an investor selected by a province or an entrepreneur selected by a province, has the meaning provided by the laws of the province and is calculated in accordance with the laws of the province. ( avoir net )
"percentage of equity"
pourcentage des capitaux propres
"percentage of equity" means
(a) in respect of a sole proprietorship, 100 per cent of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;
(b) in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and
(c) in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which a foreign national or their spouse or common-law partner is entitled. ( pourcentage des capitaux propres )
"provincial allocation"
quote-part provinciale
"provincial allocation" means the portion of an investor's investment in an approved fund calculated in accordance with subsection (2). ( quote-part provinciale )
"qualifying business"
entreprise admissible
"qualifying business" means a business — other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains — for which, during the year under consideration, there is documentary evidence of any two of the following:
(a) the percentage of equity multiplied by the number of full time job equivalents is equal to or greater than two full-time job equivalents per year;
(b) the percentage of equity multiplied by the total annual sales is equal to or greater than $500,000;
(c) the percentage of equity multiplied by the net income in the year is equal to or greater than $50,000; and
(d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000. ( entreprise admissible )
"qualifying Canadian business"
entreprise canadienne admissible
"qualifying Canadian business" means a business operated in Canada by an entrepreneur — other than a business operated primarily for the purpose of deriving investment income, such as interest, dividends or capital gains — for which there is in any year within the period of three years after the day the entrepreneur becomes a permanent resident documentary evidence of any two of the following:
(a) the percentage of equity multiplied by the number of full-time job equivalents is equal to or greater than two full-time job equivalents per year;
(b) the percentage of equity multiplied by the total annual sales is equal to or greater than $250,000;
(c) the percentage of equity multiplied by the net income in the year is equal to or greater than $25,000; and
(d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000. ( entreprise canadienne admissible )
"relevant experience"
expérience utile
"relevant experience" , in respect of
(a) a self-employed person, other than a self-employed person selected by a province, 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; and
(b) a self-employed person selected by a province, has the meaning provided by the laws of the province. ( expérience utile )
"self-employed person"
travailleur autonome
"self-employed person" means 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. ( travailleur autonome )
"self-employed person selected by a province"
travailleur autonome sélectionné par une province
"self-employed person selected by a province" means a self-employed person
(a) who intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of self-employed persons; and
(b) is named in a selection certificate issued to them by that province. ( travailleur autonome sélectionné par une province )
"specified economic activities"
activités économiques déterminées
"specified economic activities" , in respect of
(a) a self-employed person, other than a self-employed person selected by a province, means cultural activities, athletics or the purchase and management of a farm; and
(b) a self-employed person selected by a province, has the meaning provided by the laws of the province. ( activités économiques déterminées )
Provincial allocation
(2) For the purposes of the definition "provincial allocation" in subsection (1), the provincial allocation shall be calculated as of the first day of the allocation period in accordance with the formula
A + B
where
Aequals $200,000 divided by the number of approved funds that are not suspended; and
Bequals $200,000 multiplied by the gross domestic product at market prices of the province that has approved the non-suspended fund, divided by the total of the gross domestic products at market prices of all of the provinces that have approved a non-suspended fund.
Gross domestic product
(3) For the purposes of subsection (2), the gross domestic product is the one for the calendar year before the calendar year that immediately precedes the date of provincial allocation, as set out in the table entitled "Provincial accounts GDP at market prices by province (millions of dollars)" in the Canadian Economic Observer Historical Statistical Supplement, published by Statistics Canada.
SOR/2003-383, s. 4; SOR/2004-167, s. 31.
Artificial transactions
89. For the purposes of this Division, an investor, an entrepreneur and a self-employed person are not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions the purpose of which is to circumvent, directly or indirectly, the requirements of this Division.
Investors
Investor Class
Members of the class
90. (1) For the purposes of subsection 12(2) of the Act, the investor class is hereby 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 investors within the meaning of subsection 88(1).
Minimal requirements
(2) If a foreign national who makes an application as a member of the investor class is not an investor within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.
Fund
Approval by the Minister
91. The Minister shall approve a fund if
(a) the fund has been approved by a province;
(b) the province provides documentation to the Minister stating that, if the fund fails to transfer the provincial allocation to the agent in accordance with paragraph 92(g), the province will be liable to transfer to the agent an amount equal to the provincial allocation in order to repay the investor in accordance with paragraph 92(i);
(c) the fund will be the only non-suspended approved fund in the province; and
(d) the fund has entered into an agreement with the Minister designating the Minister as agent for the purpose of
(i) receiving the provincial allocation and keeping it until the beginning of the allocation period, unless the provincial allocation is repaid under paragraph 92(b),
(ii) transferring the provincial allocation to the approved fund at the beginning of the allocation period in accordance with paragraph 92(d), unless the approval of the fund is suspended under subsection 93(1),
(iii) preparing and delivering to the investor a debt obligation and notifying the investor of the date of receipt of the investment at the beginning of the allocation period in accordance with paragraph 92(e),
(iv) receiving the provincial allocation transferred by the approved fund at the end of the allocation period in accordance with paragraph 92(g),
(v) if the approved fund fails to transfer the provincial allocation under paragraph 92(g), receiving the provincial allocation from the province in accordance with paragraph 92(h), and
(vi) repaying the provincial allocation to the investor in accordance with paragraph 92(i).
Terms and conditions
92. An approved fund is subject to the following terms and conditions:
(a) it must receive the provincial allocation through the agent;
(b) it must repay the provincial allocation through the agent to the investor within 90 days after the date of receipt by the agent of the request for repayment by the investor, if the request for repayment is received before a permanent resident visa is issued to the investor;
(c) it must repay the provincial allocation to the agent within 30 days after the agent informs the fund that the investor has chosen to withdraw their investment before the issuance of a permanent resident visa;
(d) if the approval of the fund has not been suspended, it must receive the provincial allocation through the agent on the first day of the allocation period;
(e) when it receives the provincial allocation it must
(i) on the first day of the allocation period, issue to the investor, through the agent, a debt obligation that is in an amount equal to the provincial allocation, is due and payable 30 days after the expiry of the allocation period, can be pledged as security and cannot be transferred before the expiry of the allocation period without the written consent of the approved fund provided by the agent, and
(ii) notify the investor through the agent of the date of receipt of the provincial allocation;
(f) during the allocation period, it must use the provincial allocation for the purpose of creating or continuing employment in Canada to foster the development of a strong and viable economy;
(g) at the end of the allocation period, it must transfer the provincial allocation to the agent for repayment in accordance with paragraph (i);
(h) if the approved fund fails to transfer the provincial allocation to the agent under paragraph (g), the province must transfer an amount equal to the provincial allocation to the agent for repayment in accordance with paragraph (i); and
(i) 30 days after the expiry of the allocation period, the agent must repay the provincial allocation to the investor thereby extinguishing the debt obligation in respect of that provincial allocation.
SOR/2004-167, s. 32.
Suspension
93. (1) The Minister shall suspend the approval of a fund if
(a) the province that approved the fund withdraws its approval;
(b) the fund no longer qualifies as a fund within the meaning of subsection 88(1);
(c) the documentation provided by the province to the Minister in accordance with paragraph 91(b) is no longer valid and no valid documentation has been provided by the province to replace it;
(d) the agreement between the fund and the Minister referred to in paragraph 91(d) is no longer valid; or
(e) the fund is not in compliance with the terms and conditions set out in section 92.
Lifting of suspension
(2) The Minister shall lift the suspension if the circumstances that gave rise to the suspension cease to exist.
Revocation
94. The Minister shall revoke the approval of a fund if
(a) the approved fund has repaid the provincial allocation to all of its investors; and
(b) the approval of the fund has been suspended.
Reports
95. Every approved fund must submit to the Minister, until all investors in that fund have been repaid in accordance with paragraph 92(i), the following periodic reports for the purpose of demonstrating compliance with paragraph 92(f):
(a) a quarterly report on the use of provincial allocations, including
(i) the names of the recipients of the portion of the provincial allocations invested,
(ii) a description of and the terms of the security received for that investment,
(iii) the date on which the portion of the provincial allocations is invested,
(iv) the date on which the portion of the provincial allocations invested is recovered by the approved fund,
(v) a brief description of the use of the portion of the provincial allocations invested,
(vi) the number of full-time job equivalents created by the portion of the provincial allocations invested, and
(vii) the code for each recipient of the investment as set out in the Canadian Standard Industrial Classification for Companies and Enterprises, 1980; and
(b) audited annual financial statements for the approved fund, submitted within 180 days after the end of each financial year.
Investor Selected by a Province
Exception
96. A foreign national who is an investor selected by a province shall not be assessed in accordance with section 102.
SOR/2004-167, ss. 33, 80(F).
Entrepreneurs
Entrepreneur Class
Members of the class
97. (1) For the purposes of subsection 12(2) of the Act, the entrepreneur class is hereby 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 entrepreneurs within the meaning of subsection 88(1).
Minimal requirements
(2) If a foreign national who makes an application as a member of the entrepreneur class is not an entrepreneur within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.
Conditions
Permanent residence
98. (1) Subject to subsection (2), an entrepreneur who becomes a permanent resident must meet the following conditions:
(a) the entrepreneur must control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent;
(b) the entrepreneur must provide active and ongoing management of the qualifying Canadian business; and
(c) the entrepreneur must create at least one incremental full-time job equivalent in the qualifying Canadian business for Canadian citizens or permanent residents, other than the entrepreneur and their family members.
Conditions — par. 9(1)(d) of the Act
(2) If at the time an entrepreneur selected by a province provides the written statement referred to in paragraph (c) of the definition "entrepreneur" in subsection 88(1) the province has established the conditions required to be met by such an entrepreneur, that statement must refer to those conditions instead of the conditions set out in subsection (1) and the entrepreneur must meet those conditions instead of the conditions set out in subsection (1).
Applicable time
(3) The entrepreneur must meet the conditions for a period of at least one year within the period of three years after the day on which the entrepreneur becomes a permanent resident.
Evidence of compliance
(4) An entrepreneur who becomes a permanent resident must provide to an officer evidence of compliance with the conditions within the period of three years after the day on which the entrepreneur becomes a permanent resident.
Report and evidence of efforts to comply
(5) An entrepreneur must provide to an officer
(a) not later than six months after the day on which the entrepreneur becomes a permanent resident, their residential address and telephone number; and
(b) during the period beginning 18 months after and ending 24 months after the day on which the entrepreneur becomes a permanent resident, evidence of their efforts to comply with the conditions.
Family members
(6) The family members of an entrepreneur are subject to the condition that the entrepreneur meets the conditions set out in this section.
SOR/2004-167, s. 34.
Entrepreneur Selected by a Province
Exception
99. A foreign national who is an entrepreneur selected by a province shall not be assessed in accordance with section 102.
SOR/2004-167, ss. 35, 80(F).
Self-employed Persons
Self-employed Persons Class
Members of the class
100. (1) For the purposes of subsection 12(2) of the Act, the self-employed persons class is hereby 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).
Minimal requirements
(2) 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 application shall be refused and no further assessment is required.
Self-employed Person Selected by a Province
Exception
101. A foreign national who is a self-employed person selected by a province shall not be assessed in accordance with section 102.
SOR/2004-167, ss. 36, 80(F).
Selection Criteria
General
Criteria
102. (1) For the purpose of determining whether a foreign national, as a member of the investor class, the entrepreneur class or the self-employed persons class, and the foreign national's family members will be able to become economically established in Canada, an officer shall assess that foreign national on the basis of the following factors:
(a) age, in accordance with section 81, on the same basis as for skilled workers;
(b) education, in accordance with section 78, on the same basis as for skilled workers;
(c) proficiency in the official languages of Canada, in accordance with section 79, on the same basis as for skilled workers;
(d) experience, in accordance with section 103; and
(e) adaptability, in accordance with section 104 in the case of a member of the investor class or the entrepreneur class, and in accordance with section 105 in the case of a member of the self-employed persons class.
Units of assessment
(2) A foreign national who is assessed on the basis of the factors set out in paragraphs (1)(a) to (e) shall be awarded the applicable number of assessment points for each factor set out in the provision referred to in each of those paragraphs, subject to the maximum number set out in that provision for that factor.
SOR/2004-167, s. 37.
Experience
Investor
103. (1) A member of the investor class shall be awarded assessment points up to a maximum of 35 points for business 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) for two one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition "business experience" in subsection 88(1) or for a combination of two one-year periods of such experience, 20 points;
(b) for three one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition "business experience" in subsection 88(1) or for any combination of three one-year periods of such experience, 25 points;
(c) for four one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition "business experience" in subsection 88(1) or for any combination of four one-year periods of such experience, 30 points; and
(d) for five one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition "business experience" in subsection 88(1) or for any combination of five one-year periods of such experience, 35 points.
Entrepreneur
(2) A member of the entrepreneur class shall be awarded assessment points up to a maximum of 35 points for business 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) for two one-year periods of experience described in paragraph (b) of the definition "business experience" in subsection 88(1), 20 points;
(b) for three one-year periods of experience described in paragraph (b) of the definition "business experience" in subsection 88(1), 25 points;
(c) for four one-year periods of experience described in paragraph (b) of the definition "business experience" in subsection 88(1), 30 points; and
(d) for five one-year periods of experience described in paragraph (b) of the definition "business experience" in subsection 88(1), 35 points.
"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.
Adaptability
Investor and entrepreneur
104. A member of the investor class or the entrepreneur class shall be awarded assessment points up to a maximum of six points for adaptability on the basis of the following elements:
(a) for a business exploration trip to Canada in the period beginning five years before the date of their application for a permanent resident visa and ending on the day on which a determination is made in respect of the application, 6 points; and
(b) for participation in joint federal-provincial business immigration initiatives, 6 points.
Self-employed person
105. (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, 5 points; and
(d) for being related to a person living in Canada who is described in subsection (5), 5 points.
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.
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, by the age of 17 or older, 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.
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.
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.
Requirements
Family Members
106. The requirement with respect to a person who is a family member of a member of the investor class, the entrepreneur class or the self-employed persons class who makes an application under Division 6 of Part 5 for a permanent resident visa is that the person is, in fact, a family member of the applicant.
Permanent resident status
107. A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the investor class, the entrepreneur class or the self-employed persons class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.
Selection
Application for visa
108. (1) Subject to subsection (5), if a foreign national makes an application as a member of the investor class, the entrepreneur class or the 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) where the foreign national and their accompanying family members intend to reside in a place in Canada other than a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is awarded the minimum number of points referred to in subsection (2), (3) or (4), as the case may be, and, if they are a member of the investor class, they have made an investment; and
(c) where the foreign national and their accompanying family members intend to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is named in a selection certificate issued by that province and, if the foreign national is a member of the investor class, they have made an investment.
Minimum points — investors
(2) The Minister shall fix and make available to the public the minimum number of points required of an investor, on the basis of
(a) the number of applications made by members of the investor class currently being processed;
(b) the number of investors 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 investors in Canada.
Minimum points — entrepreneurs
(3) The Minister shall fix and make available to the public the minimum number of points required of an entrepreneur, on the basis of
(a) the number of applications by members of the entrepreneur class currently being processed;
(b) the number of entrepreneurs 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 entrepreneurs in Canada.
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.
Federal-provincial agreement
(5) A permanent resident visa shall not be issued to an investor selected by a province, or to that investor's 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.
Substitution of evaluation
109. (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national's ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada.
Concurrence
(2) An evaluation made under subsection (1) requires the concurrence of a second officer.
Transitional Federal Investors, Entrepreneurs and Self-employed Persons
Transitional Federal Business Classes
Classes
109.1 (1) For the purposes of subsection 12(2) of the Act, the transitional federal investor class, the transitional federal entrepreneur class and the transitional federal self-employed persons class are hereby prescribed as classes of persons who are transitional investors, transitional entrepreneurs or transitional self-employed persons, respectively, and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.
Transitional federal business immigrants
(2) A foreign national is a transitional investor, a transitional entrepreneur or a transitional self-employed person if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as an investor, an entrepreneur or a self-employed person, respectively, within the meaning of subsection 2(1) of those Regulations that was
(a) refused after March 31, 2003 and before June 20, 2003; or
(b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.
SOR/2003-383, s. 5.
Application before January 1, 2005
109.2 (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.
Alternate place of application
(2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 109.1(2) was made, instead of to the immigration office referred to in subsection 11(1).
SOR/2003-383, s. 5.
Criteria
109.3 For the purpose of determining whether
(a) a transitional investor, as a member of the transitional federal investor class, will be able to become economically established in Canada, they must be
(i) an investor within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an investor, or
(ii) an investor within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the investor class;
(b) a transitional entrepreneur, as a member of the transitional federal entrepreneur class, will be able to become economically established in Canada, they must be
(i) an entrepreneur within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an entrepreneur, or
(ii) an entrepreneur within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the entrepreneur class; and
(c) a transitional self-employed person, as a member of the transitional federal self-employed persons class, will be able to become economically established in Canada, they must be
(i) a self-employed person within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for a self-employed person, or
(ii) a self-employed person within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the self-employed persons class.
SOR/2003-383, s. 5.
Requirements
Family members
109.4 The requirement with respect to a person who is a family member of a transitional investor, a transitional entrepreneur or a transitional self-employed person who makes an application under Division 6 of Part 5 for a permanent resident visa is that the person is, in fact, a family member of the transitional investor, transitional entrepreneur or transitional self-employed person, as the case may be.
SOR/2003-383, s. 5.
Permanent resident status
109.5 A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.
SOR/2003-383, s. 5.
Division 3
Live-in Caregivers
Live-in caregiver class
110. The live-in caregiver class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.
Processing
111. A foreign national who seeks to enter Canada as a live-in caregiver must make an application for a work permit in accordance with Part 11 and apply for a temporary resident visa if such a visa is required by Part 9.
Work permits — requirements
112. A work permit shall not be issued to a foreign national who seeks to enter Canada as a live-in caregiver unless they
(a) applied for a work permit as a live-in caregiver before entering Canada;
(b) have successfully completed a course of study that is equivalent to the successful completion of secondary school in Canada;
(c) have the following training or experience, in a field or occupation related to the employment for which the work permit is sought, namely,
(i) successful completion of six months of full-time training in a classroom setting, or
(ii) completion of one year of full-time paid employment, including at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which they submit an application for a work permit;
(d) have the ability to speak, read and listen to English or French at a level sufficient to communicate effectively in an unsupervised setting; and
(e) have an employment contract with their future employer.
Permanent residence
113. (1) A foreign national becomes a member of the live-in caregiver class if
(a) they have submitted an application to remain in Canada as a permanent resident;
(b) they are a temporary resident;
(c) they hold a work permit as a live-in caregiver;
(d) they entered Canada as a live-in caregiver and, for a cumulative period of at least two years within the three years immediately following their entry,
(i) resided in a private household in Canada, and
(ii) provided child care, senior home support care or care of a disabled person in that household without supervision;
(e) they are not, and none of their family members are, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing;
(f) they did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning their education, training or experience; and
(g) where they intend to reside in the Province of Quebec, the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.
Calculation
(2) The cumulative period referred to in paragraph (1)(d) may be in respect of more than one employer or household and need not be without interruption, but may not be in respect of more than one employer or household at a time.
SOR/2004-167, s. 80(F).
Family members — requirements
114. The requirements with respect to a family member of a live-in caregiver applying to remain in Canada as a permanent resident are the following:
(a) the family member is a family member of the live-in caregiver, and was included in the live-in caregiver's application to remain in Canada as a permanent resident at the time the application was made; and
(b) the family member is not inadmissible.
Conformity — applicable times
115. The applicable requirements set out in sections 112 to 114 must be met when an application for a work permit or temporary resident visa is made, when the permit or visa is issued and when the foreign national becomes a permanent resident. |
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