Self-employed Persons Program

Self-employed Persons Program Overview

Canada has a very unique immigration program for artists and athletes who want to realize their cultural projects in Canada. To qualify for immigration under the Self-employed Persons Program (SEPP), a permanent resident visa applicant must have (1) at least two years of relevant experience, (2) the ability and intention to be self-employed in Canada, and (3) to make a significant contribution to specified economic activities in Canada.

Qualified artists and athletes who score at least 35 assessment points under the selection criteria set for the Self-employed Persons Program may apply for Canadian permanent residence (PR).

In this article, we describe in detail the eligibility requirements, a document checklist, and the process of applying for Canadian PR as a member of the Self-employed Persons Class.

Self-employed Persons Program is one of Canada’s federal business programs and is a part of economic immigration. Compared to provincial streams, it does not require sticking to and settlement in one of Canadian provinces only. SEPP offers more freedom and flexibility in terms of location selection.

SEPP is a direct pathway to becoming Canadian permanent resident and gaining citizenship after. On average, permanent resident visas under Self-employed Persons Program are processed within two to three years. Family members (spouse, partner, dependent children) can immigrate together with a self-employed artist or athlete.

Self-employed Persons Program does not require any set amount of investment. Neither a business establishment nor any other activities are required before immigration. In other words, it is about a future project that a permanent resident visa applicant will execute in Canada in cultural activities or athletics and needs a PR visa for that. For this reason, it may seem the requirements are more relaxed and less onerous compared to other business immigration programs. This is true. However, this is also the reason why a well-conceived and realistic plan is super important to succeed. When assessed, along with an applicant’s past conduct, it should prove the likelihood that a permanent resident visa applicant will proceed with the project if their PR visa is granted.

Each of the Self-employed Persons Program’s requirements is described below.

Relevant Experience Requirement: Self-employment in Cultural Activities or Athletics

To qualify for immigration as a self-employed artist or athlete (i.e., a member of the Self-employed Persons Class), a foreign national must have gained at least two years of relevant experience in five years before they apply for PR and meet this requirement on a rolling basis (i.e., up until the decision is made).

Self-employment in cultural activities or athletics has two components:

Being self-employed means “creating your own employment”. Self-employment may take different forms - sole proprietor, incorporated business, or any other form. It must be full-time and remunerative/paid. While each country has its own labour laws, full-time means at least thirty hours per week in Canada.

Occupations in cultural activities or athletics are broadly defined. The list of eligible occupations under the Self-Employed Persons Program is not exhaustive. Canada National Occupational Classification (NOC) set the following occupations in art, culture, recreation and sport:

• Librarians: NOC 51100
• Conservators and curators: NOC 51101 
• Archivists: NOC 51102
• Editors: NOC 51110 
• Authors and writers (except technical): NOC 51111 
• Technical writers: NOC 51112
• Journalists: NOC 51113
• Translators, terminologists and interpreters: NOC 51114 
• Producers, directors, choreographers and related occupations: NOC 51120 
• Conductors, composers and arrangers: NOC 51121 
• Musicians and singers: NOC 51122
• Library and public archive technicians: NOC 52100 
• Film and video camera operators: NOC 52110 
• Graphic arts technicians:  NOC 52111
• Broadcast technicians:  NOC 52112
• Audio and video recording technicians:  NOC 52113
• Announcers and other broadcasters:  NOC 52114
• Other technical and coordinating occupations in motion pictures, broadcasting and the performing arts:  NOC 52119
• Graphic designers and illustrators: NOC 52120
• Interior designers and interior decorators: NOC 52121
• Registrars, restorers, interpreters and other occupations related to museum and art galleries: NOC 53100 
• Photographers: NOC 53110
• Motion pictures, broadcasting, photography and performing arts assistants and operators: NOC 53111
• Dancers: NOC 53120
• Actors, comedians and circus performers: NOC 53121
• Painters, sculptors and other visual artists: NOC 53122
• Theatre, fashion, exhibit and other creative designers: NOC 53123
• Artisans and craftspersons: NOC 53124
• Patternmakers - textile, leather and fur products: NOC 53125
• Athletes: NOC 53200
• Coaches: NOC 53201
• Sports officials and referees: NOC 53202
• Program leaders and instructors in recreation, sport and fitness: NOC 54100
• Other performers: NOC 55109

Relevant experience, in respect of

(a) a self-employed person, […], 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 [...]

A visa processing officer will start an assessment from a relevant experience requirement. This is the first part of a “self-employed person” definition set in Canadian immigration law. Subsection 88(1) of the Immigration and Refugee Protection Regulations (SOR/2002-227) reads:

• ‍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.

Of note, participation at a world-class level in cultural activities or athletics intends to capture performers. This comprises those who perform in the world of sport and the arts. “World-class” means a person who is famous internationally. It also applies to persons who may not be popular worldwide but perform at the highest levels in their discipline.

Therefore, permanent resident visa applicants under SEPP are required to submit documents that prove their self-employment. These documents include business registration documents, financial statements, tax filings, portfolios of works, reference letters, awards, sales reports, invoices or receipts, contracts, and other evidence, depending on the situation.

Requirement of Intention and Ability to be Self-employed in Canada

This is the second part of a "self-employed person" definition set in subsection 88(1) of the Immigration and Refugee Protection Regulations (SOR/2002-227):

• 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.

At first glance, "intention and ability to be self-employed in Canada" may seem broad and very easy to prove. However, it may be the most challenging requirement to meet a definition of a "self-employed person", on which most applications under SEPP get refused. In fact, the case is about the future project that an applicant will execute after obtaining PR. Therefore, it is essential to demonstrate a highly interested applicant will proceed with a project after they become Canadian permanent residents.

To demonstrate an "ability to be self-employed in Canada", an applicant must prepare a well-researched and realistic plan along with the description of means they need and have to execute their project in Canada. Depending on the size of project, it may require more or fewer resources to succeed. In any case, it must be well-conceived, require an applicant's involvement/presence in Canada, and to the greatest possible extent, be executed in Canada.

An "intention to be self-employed in Canada" constitutes a mental attribute. In other words, an intention to execute the plan. Firstly, if the project is well-conceived, researched, realistic, and potentially remunerative, the likelihood is higher an applicant would move forward with it once their PR is approved. Secondly, a visa processing officer will look into evidence of an applicant's past conduct and past commitment to assess their intention. Intention to fulfill a future commitment depends on evidence of a significant past commitment that goes a long way in enabling the project.

In the relevant case decided by the Federal Court of Canada, the legal test for an "ability and intention to be self-employed in Canada" was explained as follows:

• [43] Accordingly, the test in section 88(1) of the IRPR for what might be described as "commitment or promised intention", in combination with considering the applicable experience and ability factors, would require an applicant to persuasively demonstrate past effort and commitment of sufficient weight such that the officer may conclude that the applicant has demonstrated that he or she will likely proceed as a self-employed person after obtaining permanent resident status to implement the project, which will make a significant contribution to the specified cultural activity in Canada. Under normal circumstances, this will require a demonstration of significant pre-application efforts taken with a view to advancing a well-conceived, researched and executed project that indicates a serious possibility of economic success, such that it is unlikely that the applicant would not proceed with the project so long as permanent residency is obtained to enable this to happen under normal circumstances. [Excerpt from Wei v. Canada (Citizenship and Immigration), 2019 FC 982]

For example, to demonstrate an "intention and ability to be self-employed in Canada", an applicant can provide a business plan, evidence of available means required to implement the project, evidence of an applicant's past conduct and commitment, etc.

Lastly, a "significant contribution to specified economic activities in Canada" constitutes a deliverable of the above-discussed demonstrated ability and intention to be self-employed in Canada.

Selection Criteria for Immigration to Canada as a Self-employed Artist or Athlete

As discussed above, an applicant must prove they meet the definition of a "self-employed person" set out in subsection 88(1) of the IRPR. Once an immigration officer finds that an applicant is indeed a self-employed artist or athlete, they turn to assess an applicant's ability to become economically established in Canada based on the selection criteria. Subsection 100 (1) of IRPR reads:

• 100 (1) […] 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).

Ability to become economically established in Canada is based on the selection criteria set in sections 102 - 108 of IRPR, namely five selection factors:

• Age (maximum 10 points)
• Education (maximum 25 points)
• Proficiency in the official languages of Canada (maximum 24 points)
• Experience (maximum 35 points)
• Adaptability (maximum 6 points)

The minimum pass score is 35 from 100 points. Applicant must gain at least 35 points to be eligible for immigration under Self-employed Persons Program. Even though the "ability to become economically established in Canada" is assessed at the second stage (after assessment of "self-employment"), every interested in SEPP candidate should start by calculating their points under five selection factors to decide if it is a viable business immigration program for them.

To claim points under SEPP, applicants must provide documents proving each of the above selection factors. For example, a language test result, an educational credential assessment report, etc.

Breakdown of Points

Relevant experience in cultural activities or athletics:

• 2 years - 20 points
• 3 years - 25 points
• 4 years - 30 points
• 5 years - 35 points

Age:

• 21 years of age or older, but less than 50 years of age - 10 points
• 20 or 50 years of age - 8 points
• 19 or 51 years of age - 6 points
• 18 or 52 years of age - 4 points
• 17 or 53 years of age - 2 points
• Under 17 years of age or 54 years of age or older - 0 points

First language (English or French) proficiency:

• CLB 8 or higher - 4 points for each language skill area
• CLB 6 or 7 - 2 points for each language skill area
• CLB 4 or 5 - 1 point for each language skill area, up to maximum of 2 points
• CLB 3 or lower - 0 points

Second language (English or French) proficiency, if applicable:

• a CLB 8 or higher - 2 points for each language skill area
• CLB 6 or 7 - 2 points for each language skill area
• CLB 4 or 5 - 1 point for each language skill area, up to a maximum of 2 points
• CLB 3 or lower - 0 points

Education:

• Master’s Degree or Ph.D. & 17 years of full-time study - 25 points
• 2 or more university degrees at the bachelor’s level & at least 15 years of full-time study - 22 points
• 3-year diploma, trade certificate or apprenticeship & at least 15 years of full-time study - 22 points
• A university degree of 2 years or more at the bachelor’s level & at least 14 years of full-time study - 20 points
• 2-year diploma, trade certificate or apprenticeship & at least 14 years of full-time study - 20 points
• 1-year university degree at the bachelor’s level & at least 13 years of full-time or full-time equivalent study - 15 points
• 1-year diploma, trade certificate or apprenticeship & at least 13 years of full-time - 15 points
• 1-year diploma, trade certificate or apprenticeship & at least 12 years of full-time - 12 points
• High school - 5 points

Adaptability:

• Spouse's level of education - 3-5 points
• Previous work in Canada (1 year, principal applicant or spouse) - 5 points
• Previous study in Canada (2 years, principal applicant or spouse) - 5 points
• Relatives in Canada (of a principal applicant or spouse: parent, grandparent, child, grandchild, child of a parent, sibling, child of a grandparent, aunt or uncle, or grandchild of a parent, niece or nephew who is residing in Canada and is a Canadian or permanent resident) - 5 points

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