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Self-Employed Application 2019

SanjayS2512

Star Member
Feb 13, 2020
50
6
Dubai
Category........
Other
NOC Code......
5121
App. Filed.......
6-04-2020
AOR Received.
Temporary Application Number - 5-03-2021
Nada.
But I just sent our application in at the beginning of Nov.....so, we are pretty much ready for a LOOOONNNG wait.
Yes looks like long wait. But now COVID is diappearing slowly so can be faster. Whats your timeline, NOC & country where you applied from?
 

DWX-7

Newbie
Dec 30, 2020
4
0
Hi all, I hope this message finds you well in your respective journies into Canada!

Quick question to all those before me:

My partner (a freelance editor) and I (writer/author) are wondering if it is required to have a university degree. I'm sure they benefit the applications, but are they mandatory?

Cheers, and here's to wishing you all a happy, healthy, and exciting New Year!
 

angemon

Full Member
May 10, 2020
24
4
Just got a call interview today (from Embassy of Canada Rabat). I wake up to their call and I wasn't prepared. I hope I did well.
We passed our medical on February 2020.
 

praxs4u

Star Member
Nov 17, 2018
65
12
42
Mumbai, India
Just got a call interview today (from Embassy of Canada Rabat). I wake up to their call and I wasn't prepared. I hope I did well.
We passed our medical on February 2020.
That great news...

What they have asked you in Interview ?

and what is your NOC code ?

Regards
Prakash
 

angemon

Full Member
May 10, 2020
24
4
That great news...

What they have asked you in Interview ?

and what is your NOC code ?

Regards
Prakash
I got a refusal letter, after almost two years of waiting.
I have now completed the assessment of your application and I have determined that you do not
qualify for a permanent resident visa in the self-employed persons class.
Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national
may be selected as a member of the economic class on the basis of their ability to become
economically established in Canada.
Subsection 100(1) of the Immigration and Refugee Protection Regulations, 2002 states that for
the purposes of subsection 12(2) of the Act, the self-employed persons class is prescribed as a
class of persons who may become permanent residents on the basis of their ability to become
economically established in Canada and who are self-employed persons within the meaning of
subsection 88(1).
Subsection 88(1) of the regulations defines a "self-employed person" as 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” 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,
(A) two one-year periods of experience in self-employment in 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)
(iii) in respect of the purchase and management of a farm, two one-year periods of
experience in the management of a farm.
Subsection 100(2) of the regulations states that if a foreign national who applies as a member of
the self-employed persons class is not a self-employed person within the meaning of subsection
88(1), the application shall be refused and no further assessment is required.
Based on the evidence on file, I am not satisfied that you meet the definition of a "self-employed
person" set out in subsection 88(1) of the regulations for the following reasons:
According to the documents in file and your explanations, you are a digital marketing consultant.
This activity does not meet the regulatory definition of the self-employed category.
Consequently, you are not eligible to receive a permanent resident visa as a member of the self-
employed persons class.
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to
an officer for a visa or for any other document required by the regulations. The visa or document
shall be issued if, following an examination, the officer is satisfied that the foreign national is not
inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless
otherwise indicated, references in the Act to “this Act” include regulations made under it.
Following an examination of your application, I am not satisfied that you meet the requirements
of the Act and the regulations for the reasons explained above. I am therefore refusing your
application.
If you have paid the Right of Permanent Residence Fee, please be advised that it is refundable.
You should receive a refund within twelve weeks.
Sincerely,
Migration Officer
Immigration, Refugees and Citizenship Canada (IRCC), Rabat
 

angemon

Full Member
May 10, 2020
24
4
I have proven that I was a self-employed for the past 5 years, but I guess I didn't explain it well on the interview this morning because I was just waking up. I don't know if there is a way to contact IRCC
 

Joseph12$

Full Member
Jul 10, 2020
24
10
I have proven that I was a self-employed for the past 5 years, but I guess I didn't explain it well on the interview this morning because I was just waking up. I don't know if there is a way to contact IRCC
Did they send you a pre-arrival letter with your medical request?
 

angemon

Full Member
May 10, 2020
24
4
Did they send you a pre-arrival letter with your medical request?
I didn't get a pre-arrival letter, but I used my medical request to join all the pre-arrival services (Next stop canada, ACCES Employment..etc).
Is there a way to appeal because as I have said I didn't explain myself well on the phone interview, instead of stating my NOC 0124 (Marketing manager), I said marketing consultant. I have proven in the documents that I have been selfemployed in the past 5 years working as a publisher with Google Adsense and also teaching people how to work online on Udemy, Youtube, Instagram ..etc
 

Joseph12$

Full Member
Jul 10, 2020
24
10
I didn't get a pre-arrival letter, but I used my medical request to join all the pre-arrival services (Next stop canada, ACCES Employment..etc).
Is there a way to appeal because as I have said I didn't explain myself well on the phone interview, instead of stating my NOC 0124 (Marketing manager), I said marketing consultant. I have proven in the documents that I have been selfemployed in the past 5 years working as a publisher with Google Adsense and also teaching people how to work online on Udemy, Youtube, Instagram ..etc
You should contact an immigration lawyer and get an opinion at the very least.
 

angemon

Full Member
May 10, 2020
24
4
You should contact an immigration lawyer and get an opinion at the very least.
Do you have anyone that we can contact? also if there is no option to appeal and no one has done that before (if the refusal if permanant and I have to start the application again) then there is no need to contact anyone because I don't want to go through the waiting for years anymore.
 

Joseph12$

Full Member
Jul 10, 2020
24
10
Do you have anyone that we can contact? also if there is no option to appeal and no one has done that before (if the refusal if permanant and I have to start the application again) then there is no need to contact anyone because I don't want to go through the waiting for years anymore.
Don’t know anyone personally. You can read this

https://www.google.co.in/amp/s/www.visaplace.com/blog-immigration-law/my-canadian-permanent-resident-application-was-refused-what-should-i-do-now/?amp
 

jaxopa

Newbie
Dec 31, 2020
9
3
Do you have anyone that we can contact? also if there is no option to appeal and no one has done that before (if the refusal if permanant and I have to start the application again) then there is no need to contact anyone because I don't want to go through the waiting for years anymore.
[/QUOTE
I got a refusal letter, after almost two years of waiting.
I have now completed the assessment of your application and I have determined that you do not
qualify for a permanent resident visa in the self-employed persons class.
Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national
may be selected as a member of the economic class on the basis of their ability to become
economically established in Canada.
Subsection 100(1) of the Immigration and Refugee Protection Regulations, 2002 states that for
the purposes of subsection 12(2) of the Act, the self-employed persons class is prescribed as a
class of persons who may become permanent residents on the basis of their ability to become
economically established in Canada and who are self-employed persons within the meaning of
subsection 88(1).
Subsection 88(1) of the regulations defines a "self-employed person" as 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” 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,
(A) two one-year periods of experience in self-employment in 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)
(iii) in respect of the purchase and management of a farm, two one-year periods of
experience in the management of a farm.
Subsection 100(2) of the regulations states that if a foreign national who applies as a member of
the self-employed persons class is not a self-employed person within the meaning of subsection
88(1), the application shall be refused and no further assessment is required.
Based on the evidence on file, I am not satisfied that you meet the definition of a "self-employed
person" set out in subsection 88(1) of the regulations for the following reasons:
According to the documents in file and your explanations, you are a digital marketing consultant.
This activity does not meet the regulatory definition of the self-employed category.
Consequently, you are not eligible to receive a permanent resident visa as a member of the self-
employed persons class.
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to
an officer for a visa or for any other document required by the regulations. The visa or document
shall be issued if, following an examination, the officer is satisfied that the foreign national is not
inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless
otherwise indicated, references in the Act to “this Act” include regulations made under it.
Following an examination of your application, I am not satisfied that you meet the requirements
of the Act and the regulations for the reasons explained above. I am therefore refusing your
application.
If you have paid the Right of Permanent Residence Fee, please be advised that it is refundable.
You should receive a refund within twelve weeks.
Sincerely,
Migration Officer
Immigration, Refugees and Citizenship Canada (IRCC), Rabat
Sorry that you got a refusal. You are clearly self-employed, so worth the fight. If you're willing and able, can you shed any light on the Qs asked on the interview, was it mostly to establish if you are self-employed?