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Self-Employed Persons


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 Self-Employed Persons Program (SEPP), a permanent resident visa applicant must have (1) at least two years of relevant experience, (2) 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 Self-Employed Persons Program, may apply for Canadian permanent residence (PR).

In this article, we describe in detail eligibility requirements, document checklist, and process of applying for Canada PR as a member of Self-Employed Persons Class. To start, answer questions in the free assessment and points calculation form below. Based on your responses, we calculate your score under the program selection criteria. If you meet the pass score (i.e., 35 from 100 points), you can then book a consultation with our immigration lawyer to assess your eligibility and discuss application.

Self-employed Persons Program Overview

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 the cultural activities or athletics and need 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 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 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, in Canada, full-time means at least thirty hours per week.

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

 

51 Professional occupations in art and culture 

511 Librarians, archivists, conservators and curators

5111 Librarians

5112 Conservators and curators

5113 Archivists

512 Writing, translating and related communications professionals

5121 Authors and writers

5122 Editors

5123 Journalists

5125 Translators, terminologists and interpreters

513 Creative and performing artists

5131 Producers, directors, choreographers and related occupations

5132 Conductors, composers and arrangers

5133 Musicians and singers

5134 Dancers

5135 Actors and comedians

5136 Painters, sculptors and other visual artists

52 Technical occupations in art, culture, recreation and sport

521 Technical occupations in libraries, public archives, museums and art galleries

5211 Library and public archive technicians

5212 Technical occupations related to museums and art galleries

522 Photographers, graphic arts technicians and technical and co-ordinating occupations in motion pictures, broadcasting and the performing arts

5221 Photographers

5222 Film and video camera operators

5223 Graphic arts technicians

5224 Broadcast technicians

5225 Audio and video recording technicians

5226 Other technical and co-ordinating occupations in motion pictures, broadcasting and the performing arts

5227 Support occupations in motion pictures, broadcasting, photography and the performing arts

523 Announcers and other performers, n.e.c.

5231 Announcers and other broadcasters

5232 Other performers, n.e.c.

524 Creative designers and craftspersons

5241 Graphic designers and illustrators

5242 Interior designers and interior decorators

5243 Theatre, fashion, exhibit and other creative designers

5244 Artisans and craftspersons

5245 Patternmakers - textile, leather and fur products

525 Athletes, coaches, referees and related occupations

5251 Athletes

5252 Coaches

5253 Sports officials and referees

5254 Program leaders and instructors in recreation, sport and fitness

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. 

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,

(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 [...]