REGULATION 109 of the IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

[CarlosOjeda]

Hello everyone. Have anybody heard about the REGULATION 109 of the IMMIGRATION AND REFUGEE PROTECTION REGULATIONS? which would be a Letter of Explanation where someone can tell the Visa Officer that: “I believe I can become economically established in Canada regardless of the points I receive.”

Besides your Permanent Visa Application anybody can add this Letter of Explanation to let the Visa Officer know that someone can be a good contribution to the Canadian economy regarding the points obtained are insufficient.

Does anybody heard about this before? Could you share some information about? Thank you in advance.

 

[noscaf2014]

This is not for all PR applications. This exception is only for a foreign national makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the self-employed persons class or the Quebec self-employed persons class for a permanent resident visa. Good luck!

 

[CarlosOjeda]

This is not for all PR applications. This exception is only for a foreign national makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the self-employed persons class or the Quebec self-employed persons class for a permanent resident visa. Good luck!

Thank you very much for your answer. Maybe do you have any link to some site where I can read more about this matter please?

 

[PMM]

Hi

Thank you very much for your answer. Maybe do you have any link to some site where I can read more about this matter please?

1. Immigration Regulations http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html

Criteria

• 102 (1) For the purpose of determining whether a foreign national, as a member of the self-employed persons class, and their family members will be able to become economically established in Canada, an officer shall assess the foreign national on the basis of the following factors:
  
  • (a) age, in accordance with section 102.1;
    
    
  • (b) education, in accordance with section 102.2;
    
    
  • (c) proficiency in the official languages of Canada, in accordance with section 102.3;
    
    
  • (d) experience, in accordance with section 103; and

Substitution of evaluation

• 109 (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national’s ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada.
  

 

[CarlosOjeda]

Hi



1. Immigration Regulations http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html

Criteria

• 102 (1) For the purpose of determining whether a foreign national, as a member of the self-employed persons class, and their family members will be able to become economically established in Canada, an officer shall assess the foreign national on the basis of the following factors:
  • (a) age, in accordance with section 102.1;
    
    
  • (b) education, in accordance with section 102.2;
    
    
  • (c) proficiency in the official languages of Canada, in accordance with section 102.3;
    
    
  • (d) experience, in accordance with section 103; and

Substitution of evaluation

• 109 (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national’s ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada.

Thank you very much for your answer! I will read as much as I can, it is very helpful

Maybe is there any other regulation alike for Express Entry, not exactly the same but some article that express the same concept?

Thank you in advance.