This blog post is for artists and athletes who wish to immigrate to Canada under the Self-employed Persons Program (SEPP). It discusses the practical side of SEPP and the key to success factors. SEPP can well be called a highly "discretional" business immigration program (assessment-wise). Therefore, providing evidence demonstrating a permanent residence visa applicant meets statutory eligibility requirements under the Self-employed Persons Program is essential. Often, however, applicants focus on selection factors and points only, oversimplifying the need to prove they meet a definition of a self-employed person as well as viability and intent to execute the future project in Canada. This is why the most common refusal ground under SEPP is "not meeting a definition of a self-employed person", while the most challenging in this definition is to prove an intent to proceed with the project after a PR visa is granted.

Meeting the minimum required pass score of 35 points under the Self-employed Persons Program's five selection factors does not guarantee application approval. These selection criteria (factors) – age, education, language proficiency, experience, and adaptability are used to assess the ability to become economically established in Canada. All interested candidates should start by calculating if they meet a passing score (35 points), and if not – SEPP is not the right option. However, an immigration officer will first start assessing whether an applicant meets a statutory definition of a self-employed person. Only then will they turn to selection criteria and score. If an applicant fails to prove self-employment at the first stage of assessment, the IRCC officer will not turn to an assessment under selection criteria. In this case, the application will be refused, and selection criteria points would have no importance. However, if an applicant is found to meet a definition of a self-employed person, then proving they score at least 35 points under selection factors is an important second stage before the application under SEPP can be approved. Our free Score Calculator under SEPP allows to find out if you are eligible to apply for immigration to Canada as a self-employed artist or athlete at this moment.

Only artists and athletes with at least two years of relevant experience in cultural activities or athletics are eligible for immigration under the Self-employed Persons Program. These two years of relevant experience must be gained in the past five years, and this requirement must be met on a rolling basis, i.e., up until a decision is rendered.

What is very important – is to submit sufficient documents demonstrating the required experience. Document Checklist does not specify the exact list of documents that can be used to prove experience. It only states that the onus is on the applicant to produce documentation proving relevant experience in cultural activities or athletics (self-employment or participation at a world class level).

What documentation can be submitted to prove relevant experience in cultural activities or athletics? Each case is specific, and, generally, it depends on a situation and circumstances. In this post, we describe the approach.

First, "self-employment" broadly means creating your own employment. It can be done in any form - a sole proprietorship or incorporated business. Depending on the country, requirements for registration and compliance vary. Thus, it is recommended to provide as many documents as possible that you can retrieve based on the country of self-employment. For example, certificate of registration, incorporation, good standing, financial statements, tax assessments, audit reports, licenses, etc. In some countries, official registration is not required, or filings are only required when profits reach a certain level. In this case, applicants should provide other relevant documentation to prove experience. For example, invoices, receipts, service contracts, etc. In addition, it is always good to submit documentation showing a portfolio of works, reference letters from clients, industry leaders, and peers. It may be easier for world-known artists and athletes to prove their participation at a world class level.

The purpose of these documents is to illustrate the type of activities (e.g., author, journalist, producer, choreographer, musician, singer, dancer, actor, painter, photographer, film operator, coach, referee, etc.), periods of self-employment, full-time involvement, and the remuneration received.

The ultimate goal of the Self-employed Persons Program is to attract artists and athletes who can enrich Canadian cultural activities and sports. However, it is not sufficient just to declare that there is a plan to be self-employed in Canada in cultural activities or sports. Applicants must prove their ability by describing their proposed project and planned activities for Canada. This means preparing a well-conceived, thoroughly researched, and realistic business plan together with the proofs of means to implement a project.

One misconception is that a business plan is not required for SEPP. Partially, this is because some applicants rely on old instructions found in OP 8 Entrepreneur and Self-Employed stating that "a formal business plan that would entail unnecessary expense and administrative burden is discouraged". Others rely on a Document Checklist, which does not explicitly list a business plan amongst the required supporting documents. Moreover, it instructs applicants to "not send any additional documents when submitting application".

What is overlooked, though, is Question # 11 of Schedule 6: Business Immigrants: Self-employed persons (i.e., one of the mandatory application forms): "Describe the occupation in which you intend to be self-employed. Provide details of location and anticipated investment (if applicable)"

Further, it is a statutory requirement interpreted in case law that applicants are required to prove their ability to be self-employed in Canada (this is part of a definition of a self-employed person). In Wei (at para 43), the court emphasized that applicants are required to demonstrate "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".

Consecutively, no matter how it is called (business plan, plan, forecast, etc.), the main point is that applicants under SEPP must provide a "document" in which they describe the project for Canada, including a description of a business model, services, industry and market research, target clients, competitors, marketing initiatives, projected expenses, sales, profits, etc. In addition, an applicant must demonstrate the means to execute this plan, i.e., financial resources, skills, knowledge, talent, etc., depending on the project's scope. All of these must persuade the officer that the applicant has the ability to be self-employed in cultural activities or athletics in Canada. As immigration under SEPP anticipates a "future" project in Canada, the best applicants can do to prove it is to show they have extensively planned it, provide details and prove means of execution.

Last but not least important point to demonstrate is an intent to proceed with the proposed project in Canada. In fact, the Federal Court of Canada found an "intent" to be the most challenging to prove for artists and athletes who wish to immigrate to Canada. Simply put, after an applicant demonstrates relevant experience, presents a detailed business plan for Canada, they also have to prove they will proceed with the project after they become permanent residents of Canada.

How to prove the intention to carry through on a proposed future project in Canada under SEPP? In Wei, it was underlined that an "intention" to be self-employed in Canada constitutes a mental attribute, it can "only be found as a fact by the examination of past external conduct evidence broadly defined, which proves as a likelihood the end or purpose of the conduct".

So, when immigration officer turns to assessment of an "intent", they will likely be looking into it from the prism of the scope and size of the planned project. For example, smaller-scale projects are commonly largely dependent on the talent, skills, knowledge of an applicant and would require fewer financial resources. On the other hand, medium to large scale cultural and sports projects would be more complex and involve lots of processes, people, funds; this all is in addition to the applicant's participation. If an applicant can demonstrate through the examples of past conduct that they have the necessary mental attributes to realize the proposed project, they would likely meet the "intent" part of the legal test. Thus, providing evidence of past external conduct is essential, not just describing it. For example, it may be challenging to prove the intent of a famous and talented singer/producer who wants to produce other young musicians in Canada (but has never done it before for others). Logic is this – when it goes about the "future," it can be said that one is likely to have an intent and will carry through on a proposed plan if this plan is likely to be successful. Success, in turn, depends on the ability to execute a project. If an applicant has never done it before (in our example, producing other novice singers), the likelihood of the proposed project's success is highly "arguable", which in turn puts a negative shadow on the "intent".