The first consideration for business people hoping to enter Canada is usually the investor or entrepreneur programme, although the self-employed category is often a better option.
The entrepreneur programme requires investment in a business which will create employment for at least one Canadian citizen apart from the entrepreneur and his dependants.
But the self-employed category requires the purchase or establishment of a business that will provide employment for the buyer and make a significant contribution to the economy or cultural life of Canada.
The main difference is the self-employed category does not require employment to be created for Canadian citizens or permanent residents.
In the self-employed category, visa officers have discretion in deciding if the applicant will make a significant contribution to the economy or cultural life.
The officer will also decide if the applicant can establish in Canada.
Unlike the assessment of entrepreneurs, the assessment of self-employed applicants includes consideration of the applicants occupation which must be in demand.
It is understood that the self-employed person may take a year or so before he enters his own business and may, therefore, need to be employed at the start of his time in Canada.
This is why occupational experience is relevant.
In determining if an immigrant visa will be given to a self-employed applicant, an immigration officer will first look at the intended location for the business and its chance of success.
However, it is difficult for the officer to decide if the applicant will make a significant contribution to Canada's economy or cultural life.
There has been debate whether self-employed applicants should be assessed on experience of self-employment basis.
However, the Federal Court of Canada has ruled that applicants need only be assessed on experience in their occupation, and not their history of self-employment.
For example, when assessing an accountant who plans to open an accounting business in Canada, assessment must be based on the applicant's experience as an accountant, not self-employment.
Unlike the entrepreneurial programme, the self-employed category does not require managerial experience of the business involved.
The requirement for the self-employed person to make significant contributions to the economic life of Canada has also caused controversy.
Although a significant economic contribution is the description relating to a person's occupation or business, the presence of a person in Canada may contribute to cultural life.
It is difficult for a self-employed person to make a significant economic contribution and it should not be used as grounds for refusal.
Applicants should be considered for this category if they can show they can successfully establish a business in Canada.
Of course, applicants must speak English or French.
Where applicants meet the criteria of the self-employed category and the entrepreneur programme, it is best to use the self-employed category as it is structured to allow landed immigrants more flexibility after arrival in Canada.
The fact that fewer conditions are imposed makes it more attractive. Individuals who may not receive significant points under the independent category but who would be willing to open their own business in their field could consider this option.
