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Self-Employed Denial

Mort Sinclair

Star Member
Feb 27, 2018
70
41
So, we were rejected because IRCC in Montreal claimed my husband did not have the "requisite" 2 years self-employed experience (in five) needed although the language SPECIFICALLY does not stipulate a self-employed requirement for farmers, only athletes and artists. In short, they "over applied" the law despite the clear language otherwise.

Anybody know anything--Campbell Cohen--on what the likelihood of success on an application for Leave and Judicial Review might be for a farm manager (as specified in the language) with 20 years experience might be, given that the language specifically EXCLUDED farmers from this requirement.

So discouraged....
 

soheilhs

Hero Member
Sep 16, 2016
210
147
So discouraged....
Good day, in one word, do not waste your valuable time in self-employed class nor for appealing a decision made against your interest in that class unless your name is promoted in Google, Wikipedia, news agency or you are a gold medalist, OSCAR & NOBEL winners etc. its more likely a refusal for everyone other than what I said.
 
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Mort Sinclair

Star Member
Feb 27, 2018
70
41
Yes, well, I understand that is relevant to artists and athletes, but not farmers, which is wholly separate category.
 

scylla

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So, we were rejected because IRCC in Montreal claimed my husband did not have the "requisite" 2 years self-employed experience (in five) needed although the language SPECIFICALLY does not stipulate a self-employed requirement for farmers, only athletes and artists. In short, they "over applied" the law despite the clear language otherwise.

Anybody know anything--Campbell Cohen--on what the likelihood of success on an application for Leave and Judicial Review might be for a farm manager (as specified in the language) with 20 years experience might be, given that the language specifically EXCLUDED farmers from this requirement.

So discouraged....
Are you certain farmers are excluded from the two year requirement? I thought all self employed applicants fell under this requirement.

Note that you can’t rely on the info posted on the CIC site now since farmer program references were removed ahead of the program shut down.
 

aizaz.ali

Star Member
Dec 17, 2016
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London, UK
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Sorry to hear about the refusal.
Can you please share your timeline, regrading when you submitted your application and when you received the refusal.
 

Nornor

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Jul 3, 2018
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So, we were rejected because IRCC in Montreal claimed my husband did not have the "requisite" 2 years self-employed experience (in five) needed although the language SPECIFICALLY does not stipulate a self-employed requirement for farmers, only athletes and artists. In short, they "over applied" the law despite the clear language otherwise.

Anybody know anything--Campbell Cohen--on what the likelihood of success on an application for Leave and Judicial Review might be for a farm manager (as specified in the language) with 20 years experience might be, given that the language specifically EXCLUDED farmers from this requirement.

So discouraged....

So sorry to hear this. Considering the 20 years experience your husband has it
might be a good idea to apply for review of the decision through a solid lawyer.
 

Mort Sinclair

Star Member
Feb 27, 2018
70
41
Are you certain farmers are excluded from the two year requirement? I thought all self employed applicants fell under this requirement.

Note that you can’t rely on the info posted on the CIC site now since farmer program references were removed ahead of the program shut down.
No, farmers are excluded from the self-employment requirement--IRCC attorney acknowledged this when they offered a settlement based on the language of the law. I suspect many folks were inappropriately refused because of the stream, but it doesn't matter now that the stream is closed. Never underestimate the value of smart attorneys. ;-)