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Law Forum

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Who can apply for immigration to Canada as a "Self-Employed" person?

by: Sergio R. Karas, Canadian Lawyer (karas@karas.ca)


The Self-Employed immigrant is a person who has the intention and the ability to establish a business in Canada, which will employ only the applicant in its operations, and will contribute to the economy or to the cultural development of the country. This category includes individuals who, although they will not be creating jobs for permanent residents or Canadian citizens, will, nevertheless, make a significant contribution to the economy, such as artists, farmers, sports personalities, or those who operate small businesses in determined communities.

Self-Employed immigrants are encouraged to make exploratory visits to Canada. The visit allows the applicant to personally explore opportunities as well as to investigate costs, markets, additional sources of financing and services available from local, provincial and federal agencies. Some provinces schedule business immigration orientation seminars to assist potential business immigrants. Also, applications by Self-Employed business immigrants are given high processing priority.

There are no specific definitions of what is a "significant contribution to the economy." However, there are certain considerations that must be taken into account. In essence, there are two streams of Self-Employed: those who are primarily contributing to the economy and those who contribute to the cultural or artistic life of Canada. Every prospective immigrant should be considered for the contribution that he or she can make in any of those areas. The general selection criteria for those qualifying under the "significant contribution to the economy" aspect, is that they have a business that has a specific contribution to make to the area to which they are destined. For example, this could be a specialized trade or service that is not available from a Canadian source. The person’s management skills, business abilities and financial assets, as well as his past business record are factors that may help the visa officer to determine if the applicant has the intent and ability to establish or purchase a business.

Other Self-Employed applicants may be able to qualify under the "contribution to the artistic or cultural life" aspect. This provision is intended for individuals who are supporting themselves in the artistic or cultural field. For example, this could include persons producing and selling crafts, athletes, musicians, etc.

A Self-Employed applicant must receive a minimum of 70 units of assessment, just as any other independent immigrant. However, he will receive a bonus of 30 units if the visa officer is of the opinion that the immigrant will be able to become successfully established in his occupation or business in Canada.

A Self-Employed applicant must be able to satisfy the visa officer that he will make either an economic or a cultural or artistic contribution to Canada, in order to receive the appropriate point bonus. The applicant will have to demonstrate his experience in the field.

There is no minimum capital requirement for a Self-Employed applicant, but he must satisfy the visa officer that he has the ability to run his own business in Canada. This means that he has sufficient capital available. The amount required depends upon the type of business that he will be setting up. He will also have to satisfy the visa officer that he has a general business plan of action, which clearly demonstrates that he has a good understanding of the market conditions in Canada.

Given the extreme complexity of these issues it is important that every person who intends to make any application contact a lawyer (Barrister & Solicitor), before confronting any kind of legal procedure, to obtain the appropriate advice. People must be alert and avoid seeking advise from individuals who are not lawyers and do not possess the necessary legal knowledge or appropriate supervision, and may take undue advantage of those who are not familiar with the Canadian legal system. Recently, a decision from the British Columbia Supreme Court granted the Law Society of that Province a permanent injunction against a "consultant", on the basis that he was in essence practising law without being a member of the Bar. The court decided that, in order to give legal advise to clients for a fee, a person must be a lawyer and member of the Provincial Bar. The public is advised to exercise the utmost caution in order not to jeopardize their situation, and deal only with lawyers who are members of the Bar.


Sergio R. Karas is a Canadian lawyer, practising in the area of Immigration Law in Toronto. He is a member of the board of directors of several community organizations. His comments and opinions are general and are not intended to be interpreted with respect to any specific situation. He can be reached at Karas & Associates, (416)506-1800 or through e-mail at karas@karas.ca.


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