ARTICLE
13 September 2024

Self Employed Visa Canada – NON Federal Options – Canada PR - Canada Immigration (Video)

Canada is a popular destination for business owners and self employed individuals due to its high quality of life, diverse culture, and robust economy.
United States Immigration

Canada is a popular destination for business owners and self employed individuals due to its high quality of life, diverse culture, and robust economy. However, with the Start-Up Visa PR Program having received a significant tightening in regulations and requirements, and Canada's Federal Self Employed PR program paused until January 2027, many are now looking for other means to obtain Canadian Immigration.

Despite these challenging conditions, we are more committed than ever to assisting our clients in identifying alternative pathways to make Canada their home as self-employed individuals. Today we explore in detail three prominent options - Express Entry system, Labour Market Impact Assessment (LMIA) exemptions, and Provincial Nomination Programs (PNPs).

Canada Express Entry

The Express Entry system is one of the most well-known pathways to Canadian permanent residency. It is a points-based system designed to select skilled workers who are most likely to contribute to the Canadian economy. While Express Entry primarily targets skilled workers, self-employed individuals can also benefit from this system, particularly if they have significant work experience and skills that align with Canadian economic needs.

Express Entry comprises three federal programs: the Federal Skilled Worker Program (FSWP), the Federal Skilled Trades Program (FSTP), and the Canadian Experience Class (CEC). As CEC requires 1 year of employment on an employer's payroll, self-employed individuals typically find the FSWP to be the most relevant. To qualify under the FSWP, candidates must meet specific criteria, including having at least one year of continuous, full-time, or equivalent part-time paid work experience in a skilled occupation within the last ten years. They must also demonstrate proficiency in English or French, meet educational requirements, and score sufficient points on the Comprehensive Ranking System (CRS).

The CRS evaluates candidates based on factors such as age, education, work experience, language proficiency, and adaptability. Self-employed individuals who score high on these factors, particularly if they have advanced education, strong language skills, and substantial work experience, can rank highly in the Express Entry pool. Periodically, Immigration, Refugees, and Citizenship Canada (IRCC) conducts draws from the pool, inviting the highest-scoring candidates to apply for permanent residency.

Lately, the Comprehensive Ranking System (CRS) scores for Express Entry draws have been exceptionally high, making it more challenging for candidates to receive invitations to apply for permanent residency. As of the date of writing, a competitive CRS in the general category must be north of 540. For self-employed individuals, one effective strategy to boost their CRS score is to obtain a Labour Market Impact Assessment (LMIA) supported job offer. An LMIA-supported job offer can add up to 200 points to a candidate's CRS score, significantly enhancing their chances of receiving an invitation. By demonstrating that their self-employment activities meet the LMIA requirements, self-employed individuals can leverage this to improve their ranking in the Express Entry pool.

LMIA Exemptions for Self-Employed Individuals

The Labour Market Impact Assessment (LMIA) is typically required for Canadian employers to hire foreign workers, ensuring that hiring the foreign worker will not negatively impact the Canadian labor market. However, there are specific exemptions to this requirement, some of which can be particularly beneficial for self-employed individuals and entrepreneurs in securing temporary status in Canada.

C10 - Significant Benefit: This code applies to individuals whose entry into Canada is expected to result in significant cultural, social, or economic benefits. Self-employed individuals with unique skills or expertise that can provide substantial advantages to Canada can utilize this exemption. For example, artists, athletes, or individuals with specialized business skills that would enhance Canada's cultural or economic landscape are ideal candidates.

C11 - Entrepreneurs/Self-Employed Candidates Seeking to Operate a Business: This is particularly useful for individuals with innovative business ideas or unique professional skills. Entrepreneurs looking to establish new ventures or self-employed individuals aiming to expand their operations into Canada can leverage this exemption to gain entry without the need for an LMIA.

C61 - Employees Starting a Branch or Affiliate in Canada: This exemption is for employees of international companies who are coming to Canada to start a branch, subsidiary, or affiliate of their existing business. Self-employed individuals who own and operate businesses abroad and wish to expand their operations into Canada can use this code.


By leveraging these LMIA exemptions, self-employed individuals can obtain work permits without the need for an LMIA, facilitating their entry and establishment in Canada. Over time, as they contribute to the Canadian economy and meet other immigration criteria, these individuals can transition to applying for permanent residency through various pathways, including the Express Entry system and Provincial Nominee Programs.

PNP for Self-Employed Individuals

In addition to federal immigration programs, Canada's provinces and territories offer Provincial Nominee Programs (PNPs) tailored to their specific economic and demographic needs. Many PNPs include streams specifically designed for self-employed individuals and entrepreneurs.

Provinces, such as BC, Alberta, Manitoba, and Nova Scotia, offer entrepreneur and self-employed streams within their PNPs. These programs typically require applicants to submit a detailed business plan, demonstrate sufficient net worth and investment capacity, and commit to active and ongoing management of the business. The specific criteria and processes vary by province, but they all share the goal of attracting entrepreneurial talent to contribute to regional economic growth.

Conclusion

Canada provides multiple immigration pathways for self-employed individuals through the Express Entry system, LMIA exemptions, and Provincial Nominee Programs. Each option caters to different types of professionals and entrepreneurs, allowing them to leverage their skills, experience, and business acumen to achieve permanent residency. By leveraging these programs, individuals can not only immigrate to Canada but also launch successful economic ventures within the country.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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