Athletes and professionals in sports fields, such as coaches and referees, are one of the three main groups that could emigrate to Canada under the Federal Self-Employed Program. Self-employment is one of the immigration programs to Canada that is generally overlooked. People who actively participate in cultural activities can also emigrate to Canada under the Self-Employed Program. The focus of this article is athletics.
Who is an autonomous athlete?
Subsection 88 (1) of the Immigration and Refugee Protection Regulation (IRPR) defines a person who is self-employed in athletics based on their relevant experience, their intention and ability to work on their own. in Canada, and a significant contribution to the Canadian economy regarding its self-employment activities.
According to IRPR, the relevant experience “means a minimum of two years of experience, during the period that begins five years before the date of application for a Permanent Resident visa and ends the day on which a determination is made regarding the application , consisting of:
(A) two one-year periods of athletic self-employment experience,
(B) two one-year periods of experience in world class participation in athletics, or
(C) a combination of a one-year experience period described in clause (A) and a one-year experience period described in clause (B) “'(Source: Immigration and Refugee Protection Regulation, SOR / 2002-227, retrieved on 2017-12-25
Currency: this regulation is updated to 2017-12-05 in accordance with the justice laws website)
Imagine that you send your application to the immigration authorities on June 1, 2018. You have to go back five years from that date (that is, June 1, 2013). Then, you must show that you had at least two years of relevant experience from June 1, 2013 until the date an immigration officer makes a decision on your case. For example, if he was a professional boxing champion in his country who covered his expenses and those of his family (spouse and children) through his sports activities in 2015 and 2016, then he meets the relevant experience test. Personal income through self-employment activities is a crucial factor in this area. Of course, if you are a world-renowned athlete and have competed on the world stage, income becomes less important.
Intention and Skill
The applicant must demonstrate that he intends to live and can continue his activities on his own in Canada. Immigration officers analyze several factors to see if the applicant meets these requirements. For example, they consider the applicants’ past experience, their links with the Canadian athletic community, their correspondence with their Canadian counterparts and whether they have offered a business plan for what they intend to do in Canada. The officer also considers the athlete’s net worth and financial stability.
The significant contribution is a broad and subjective issue. There is no financial threshold for a significant contribution under this program. My experience shows that officers analyze the applicant’s past experience, net worth and business plan to decide whether they will contribute significantly to the Canadian economy through their sports activities or not.
What activities are considered athletics?
NOC means National Occupational Classification. It is a classification system for jobs in Canada. Each classification has its own 4-digit code. Athletic activities fall under one of the following categories of NOCs.
5253 referees and sports officials.
Program 5254 leaders and instructors in recreation, sport and fitness.
Use this list only as a guide. Inclusion in one of these categories is not suitable for immigration in this group. You must pass relevant experience, intention and capacity, and evidence of significant contribution to meet the requirements of this category of immigration to Canada. There may be some exceptional situations in which the person’s work is not in any of these categories, but the person may submit an application.
Applicants must meet the following three criteria to emigrate to Canada as self-employed in athletics. If the applicant does not meet any of the following requirements, he will not receive permanent residence in Canada.
They must meet all the requirements of an applicant on their own (ie relevant experience, intention and capacity, and significant contribution elements).
They must acquire at least 35 points out of 100 points (see below)
You should not be inadmissible to Canada due to security, criminality, financial matters or medical problems (both the applicant and their dependent relatives)
The following points apply to this group of applicants:
Education: up to 25 points.
Work experience: up to 35 points.
Age: up to 10 points
English or French proficiency: up to 24 points
Adaptability: up to 6 points.
If a person has five years of experience in their self-employment, they will receive the required minimum of 35 points and will not require points from the other categories. With regard to proficiency in English and French, any request from an individual regarding their level of proficiency must be accompanied by acceptable test results, such as IELTS General or CELPIP for the English language and TEF for the French language.
After entering Canada
Successful applicants under this program have no obligation to the Canadian government upon arriving in Canada as permanent residents. However, if you really do not intend to seek self-employment, it means that you have committed a misrepresentation.
The complexities of this method
I have represented hundreds of clients under the self-employment program in the last seven years. In my opinion, this is one of the most challenging immigration methods if an expert is not on your side. A professional immigration consultant can assess your case objectively and present your case to immigration authorities in a professional and legal manner. Do not take this matter lightly.
Note: The self-employment program is for people who can verify that they have worked on their own (in one of the fields of arts, sports or agriculture) and upon entering Canada they are willing and able (financially, with language proficiency, work experience, etc.). .) participate in self-employment activities and contribute financially to the fields of arts, sports and agriculture in Canada. This program is not intended to circumvent immigration laws and not only will applicants who are involved in counterfeits or do not meet the requirements be rejected, but they may be inadmissible in Canada for 5 years. We recommend taking these serious problems into consideration when planning immigration using this program.
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