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Business Class Immigrants

 Prepared by Peter Wong, Q.C.

The content of this article is intended to be informational only. We caution you against using or relying upon any information contained in this article without first seeking legal advice regarding your particular matter. All matters arising from the use of our website, including this article, shall be governed by Alberta law and shall be within the exclusive jurisdiction of the courts of Albert
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(Updated as of January 2005)

 

There are 3 types of business class immigrants that are described in the Immigration and Refugee Protection Act Regulations: Investor Class, Entrepreneur Class and Self Employed Persons. Unless an applicant qualifies for one of these three categories, they will not be able to immigrate on the basis of purchasing a business in Canada or simply having business experience or qualifications. Each of these 3 categories have common elements such as the requirement for previous experience, however there are significant differences in each category and they are suitable for different types of prospective immigrants.

All business class immigrants are required to have the ability to become economically established. For those business class immigrants selected under the Federal selection process this means that all prospective immigrants in this category must meet minimum points under a modified point selection process that is set out in the Regulations. (Regulations 102 to 105). In respect of age, education and language skills these criteria are the same as skilled workers assessment criteria. With respect to experience and adaptability the criteria is unique to each of the investor, entrepreneurial and self-employed categories.

The present minimum points necessary, set transitionally at 35 points and as of the date of this article at 35 points is not generally an issue for most prospective applicants who have the necessary experience required to meet the minimum qualifications. However, this minimum criteria is subject to future change as it is set by the Minister of Citizenship and Immigration without having to change the Act or Regulations.

If you would like assistance with making an application for permanent residence please feel free to contact us by email at: immlaw@caronpartners.com

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