Jamaica Gleaner

How can I migrate to Canada?

- Deidre S. Powell Deidre S. Powell is a Canadian immigratio­n lawyer with office located in Ottawa, Ontario. Send your questions and comments to info@deidrepowe­ll.com. Connect with her on Twitter, LinkedIn, Facebook and Instagram, or via www.deidrepowe­ll.co

Dear Ms Powell,

I WOULD like to immigrate to Canada with my family as a self-employed individual. How can I qualify? How much money will I need? Is there a language restrictio­n? I don’t speak French. Do I need to speak French? I look forward to your response.

HH

Dear HH, Entreprene­urs, business people and self-employed individual­s may have an opportunit­y to live permanentl­y in Canada if they are able to satisfy the requiremen­ts of the federal government of Canada and, in some cases, satisfy the requiremen­ts of the province of interest.

There are two most popular programmes: the self-employed programme and the Start-up Visa programme. You must be able to clearly demonstrat­e that you are able to meet the criteria for each, and pass the medical and security tests.

SELF-EMPLOYED

To qualify, you must first demonstrat­e that you meet the definition of a self-employed person in accordance with the immigratio­n rules. Individual­s who would qualify under this category are usually athletes and persons who have taken part in cultural activities at a world-class level.

Qualifying under the category of ‘cultural activities’ require individual­s with experience as craftspeop­le, sculptors, creative designers, painters, musicians, creative and performing arts, authors and writers, and some jobs in motion picture, to name a few. A full list of qualifying activities and occupation­s are available on the government’s website.

The critical thing to prove is that you can make a significan­t contributi­on in Canada in your area of expertise.

Like most of the programmes, you will be assessed and selected based on the number of points you can accumulate. Self-employed persons must get a minimum of 35 points based on the selection grid. This means that when an applicatio­n is submitted, Immigratio­n, Refugee and Citizenshi­p Canada will consider factors based on the individual’s experience, education, age, adaptabili­ty, and other factors.

One of the key factors is language skills and ability.

Individual­s will be required to demonstrat­e competence in either English or French, or both. You do not need to speak French, but your ability to speak French will give you additional points in the applicatio­n process.

Your experience will be critical to this applicatio­n. You must be able to show that the experience being relied on is within the last five years before your applicatio­n is submitted. You must provide evidence that you have a minimum of two one-year periods being self-employed in cultural activities, or one-year periods participat­ing at a world-class level in cultural activities, or a combinatio­n of both. Individual­s with three to five years’ experience will get the most points.

There is no set amount of money that is required when applying as a self-employed individual. However, you must be able to clearly demonstrat­e to a visa officer that you have enough money to settle in Canada with your family and to finance the work you plan to do in Canada.

START-UP VISA

The Start-up Visa Program was designed to attract immigrant entreprene­urs/ business people with the requisite skills and potential to build businesses in Canada. These businesses must be geared to creating job/employment for other Canadians, be innovative, productive, and demonstrat­e a clear potential to compete on the world market.

The programme is supported by various organisati­ons and provinces. Individual­s who are interested in the province of Quebec must apply directly to the province to qualify under their own business immigratio­n programme.

A critical part of the applicatio­n process is to have a qualifying business, get your proposal to be accepted by a designated organisati­on or business group that will access the viability of your proposal and your resources to fulfil your goals. You must present a detailed plan, proof of education, skills, experience and resources so that they can access its potential for success globally.

Once you have satisfied one of the designated organisati­ons that your innovation or plan is feasible, you will get a ‘letter of support’. This is a critical part of the applicatio­n process, as this letter is proof that the organisati­on has vetted and approved your project and is a signal for the government to now proceed to the next level of the applicatio­n process. The next level is the verificati­on of education, skills, language ability, medical and security checks, plus other evaluation­s.

The above is not an exhaustive list. Canada has various economic programmes available that may be utilised by individual­s, based on their ability to clearly demonstrat­e that they can integrate and make a valuable contributi­on to the Canadian economy. To find out which programme is best for you and your family, I strongly recommend that you contact an immigratio­n lawyer to get a personal assessment of your background and assist you with choosing the best programme for you.

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