Chinese Doctors and Canadian Immigration

There are three types of people who can be “business immigrants” under Canadian immigration law: investors, entrepreneurs, and self-employed persons.  According to Citizenship and Immigration Canada’s website:

The Self-Employed Persons Program seeks to attract applicants who have the intention and ability to become self-employed in Canada. Self-employed persons are required to have either:

  • relevant experience that will make a significant contribution to the cultural or athletic life of Canada or
  • experience in farm management and the intention and ability to purchase and manage a farm in Canada.

Would someone who has practiced Chinese medicine and intends to practice Chinese medicine in Canada have the relevant experience under the program?

No. In Ding v. Canada (Citizenship and Immigration), 2010 FC 764, Justice Beaudry noted that cultural activities are meant to be those as ordinarily understood to be part of the arts. To support this conclusion, he notes the examples provided for in OP8 11.3, which include music, teachers, painters, illustrators, film makers, freelance journalists, choreographers, and set designers.

Thus, the Court ruled that there is no basis on which to conclude that experience in a Chinese therapeutic massage clinic and training center falls within the meaning of cultural activities.


Entrepreneurs No Longer Have to Report Terms and Conditions

On November 18, Citizenship and Immigration Canada released Operational Bulletin 360: Entrepreneur Terms and Conditions.  Coming off the heels of the government’s decision to temporarily suspend accepting new applications in the Entrepreneur Program, the Operational Bulletin makes life easier for those Entrepreneurs already in Canada.

Section 98 of the Immigration and Refugee Protection Regulations provides that Entrepreneurs must:

  • Control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent;
  • Provide active and ongoing management of the qualifying Canadian business; and
  • Create at least one incremental full-time job equivalent in the qualifying Canadian business for Canadian citizens or permanent residents.

As of February 1, 2012, active monitoring of terms and conditions for entrepreneurs will cease. However, Entrepreneurs will still be expected to comply with their conditions.

Accordingly, on December 1, 2011 Citizenship and Immigration Canada will counsel approved entrepreneur class permanent residence applicants to meet the conditions.  However, they will also be informed that they will only need to provide evidence showing that they met their conditions if specifically requested to do so by a Citizenship and Immigration Canada official. They will only be requested to do so if officers have a reason to believe that there has been non-compliance.

Citizenship applications will also not be delayed due to outstanding terms and conditions, provided the Citizenship Officer does not have reason to believe that the terms and conditions have been breached.

While this change does not affect a lot of people, it will significantly reduce the burden on those Entrepreneurs in Canada.

 


MI-3 Suspends the Entrepreneur Program

On July 1, 2011, a temporary moratorium on accepting new applications in the federal Entrepreneur program came into force.

Given the processing times below it is not hard to see why:

Cairo – 7 years, 7 months

Damascus – 7 years

Beijing – 3 years, 7 months

Manila – 5 years, 4 months

New Delhi – 6 years, 10 months

Seoul – 3 years, 10 months

Berlin – 3 years, 9 months

London – 4 years, 6 months

Paris – 7 years, 10 months

Buffalo – 6 years, 6 months


Live in Care Givers, PNP Acceptance Rates

According to CIC, during the past 12 months the approval rate for different application streams for permanent residence has been as follows:

Immigration Category Approval Rate

Economic

Quebec Skilled Workers

97%

Federal Skilled Workers (Pre-C-50)

57%

Federal Skilled Workers (Post C-50)

21%

Entrepreneurs

76%

Self Employed

45%

Investors

82%

Provincial Nominees

96%

Live-In-Caregivers

99%

Canadian Experience Class

85%

Family

Parents and Grandparents

91%

Spouses & Partners

83%

Dependent Children

80%

Family Class (Other)

70%

Humanitarian

Government Sponsored Refugees

76%

Private Sponsored Refugees

69%

Refugee Dependents

86%

H&C Applications

70%

FCH – Family Relations – H&C

90%


Montenegro Introduces Economic Citizenship Program

Montenegro has introduced an economic citizenship program that Canada’s ambassador to the region – John Morrison – has said was modeled after Canada.

Under the program, an individual can obtain Montenegrin citizenship if she/she invests at least EUR 500,000 (CAD $662,650) in the country.  Part of the money will go straight to the government, while part of it will remain with the applicant to invest directly into the economy. Applicants will be checked to ensure that  funds were acquired legitimately. International advisers will be consulted for this purpose.

Montenegro, which became independent from Serbia in 2006, has approximately 670,000 people. It is the first country in the region to introduce such a program.

Citizens of Montenegro can travel to the EU without a visa.

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