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Self- employed Person class rejection: Fitness Trainer

aspirant9

Full Member
Nov 8, 2018
25
0
Hello all,

My sister got a decision made update that she does not qualify for permanent resident visa under self employed person class. She gave interview last month in New Delhi. NOC code is 5254.

She received following rejection reason in email:

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 - 2 - 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), and

(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. I am not satisfied that you meet the definition of a "self-employed person" set out in subsection 88(1) of the regulations because I am not satisfied that you have the intention or the ability to become self-employed in Canada. During the interview, you were vague about your projects to farm in Canada on elements like type of crops, price of land and machinery used. Consequently, you are not eligible to receive a permanent resident visa as a member of the self-employed persons class.

Thank you for the interest you have shown in Canada.

Sincerely

Officer (Migration)


If someone has gone through a similar situation or can provide further guidance on this situation, then I would really appreciate it. She is unsure about how to proceed as she applied as fitness trainer and email is mentioning about type of crops, price of land and machinery used as a rejection reason. She is thinking about applying for GCMS notes if it can help. We could not find any way to contact them apart from generic web form.

Thanks in advance.
 
 

Ansionuk

Star Member
Feb 11, 2022
68
20
hire a lawyer and take them to court. if everything above is true, then her case would probably be qualified for a reconsideration by another officer.
 

Roger Gamer

Member
Oct 4, 2022
12
3
Hello all,

My sister got a decision made update that she does not qualify for permanent resident visa under self employed person class. She gave interview last month in New Delhi. NOC code is 5254.

She received following rejection reason in email:

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 - 2 - 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), and

(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. I am not satisfied that you meet the definition of a "self-employed person" set out in subsection 88(1) of the regulations because I am not satisfied that you have the intention or the ability to become self-employed in Canada. During the interview, you were vague about your projects to farm in Canada on elements like type of crops, price of land and machinery used. Consequently, you are not eligible to receive a permanent resident visa as a member of the self-employed persons class.

Thank you for the interest you have shown in Canada.

Sincerely

Officer (Migration)


If someone has gone through a similar situation or can provide further guidance on this situation, then I would really appreciate it. She is unsure about how to proceed as she applied as fitness trainer and email is mentioning about type of crops, price of land and machinery used as a rejection reason. She is thinking about applying for GCMS notes if it can help. We could not find any way to contact them apart from generic web form.

Thanks in advance.
Breaking down above, you can apply for this program if you fulfil either one of the below 3 category
1. Cultural (requirements mentioned)
2. Athetics (requirements mentioned)
3. Farm management

The officer is saying the applicant does not meet item 1 and 2, and have no idea about item 3
 

Mayakassem

Star Member
Oct 10, 2018
116
30
48
Category........
BUSINESS
Hello all,

My sister got a decision made update that she does not qualify for permanent resident visa under self employed person class. She gave interview last month in New Delhi. NOC code is 5254.

She received following rejection reason in email:

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 - 2 - 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), and

(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. I am not satisfied that you meet the definition of a "self-employed person" set out in subsection 88(1) of the regulations because I am not satisfied that you have the intention or the ability to become self-employed in Canada. During the interview, you were vague about your projects to farm in Canada on elements like type of crops, price of land and machinery used. Consequently, you are not eligible to receive a permanent resident visa as a member of the self-employed persons class.

Thank you for the interest you have shown in Canada.

Sincerely

Officer (Migration)


If someone has gone through a similar situation or can provide further guidance on this situation, then I would really appreciate it. She is unsure about how to proceed as she applied as fitness trainer and email is mentioning about type of crops, price of land and machinery used as a rejection reason. She is thinking about applying for GCMS notes if it can help. We could not find any way to contact them apart from generic web form.

Thanks in advance.
Did they ask for medical exam or they conduct the interview without Medical?
I guess that the response related to crops and land price is a copy paste mistake, since the officers make a copy paste answers in their letters. It seems that he/she has copied the rejection letter from a copy they have on their systems. Especially that the farm investors (self employed) was earlier part of the Federal Self Employed Person Program and now it is deleted no more available.
But definitely she can use this response as a proof that the officer is not professional as far as he should be regarding taking decision on a PR application. So as he forgot or mistaken in the answer he can miss evaluate the relevant experience.
Sue them... But this will be another long road map that will cost money, effort and time.
 
 

Roger Gamer

Member
Oct 4, 2022
12
3
Thank you both for replying back. We have got more clarity with your opinions.
Now that you have more clarity, judge for yourself if getting a lawyer is worth it. If you don't think your sister qualifies, she probably doesn't.
Engaging a lawyer would cost at least 3x your PR application fee, and only 20% of immigration applications obtain leave at the Federal Court.
Obtaining a leave means the court will hear your case, doesn't guarantee you will get a reconsideration on your applcation