Regulation 100(1) of the Immigration and Refugee Protection Regulations, SOR/2002-227 states:
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).
Becomming Economically Established
The IRCC Guidelines state the following about how officers should assess a person’s ability to become economically established in Canada.
- A self-employed applicant must demonstrate the intention and ability to create his/her own employment in Canada through cultural activities, athletics or the purchase and management of a farm.
- A person’s financial assets may be a measure of intent and ability to establish economically in Canada. There is no minimum investment level for a self-employed person. The capital required depends on the nature of the work.
- Applicants must have sufficient funds to create an employment opportunity for themselves and support themselves and their family members. This includes the ability to be self-supporting until the self-employment has been created.
- A demonstrated ability to support themselves and their family through their talents could be a good indicator of their ability to continue to do so in Canada.
- It is intended that the Self-Employed Persons Class enrich Canadian culture and sports. In other words, when applicants meet the test of experience and there is a reasonable expectation they will be self-employed, the test of significant contribution becomes relative. For example, a music teacher destined to a small town can be considered significant at the local level. Likewise, a freelance journalist who contributes to a Canadian publication will meet the test.
- It is the intent of the Regulations that any farmer meeting the experience requirement,