Who qualifies for the Self-employed Persons Programme?

Dear Miss Powell,

I spoke to an immigration lawyer in the USA, and she told me that I would qualify for an O1 visa as I have published several books. Does Canada have an O1 visa programme like the USA? I would like to know if I could qualify to live in Canada, since I’m a published author and have received a few prizes for my work. I prefer Canada over the USA, as I have relatives there. Also, if there is a similar programme, what is the processing time? Thank you.

KL

Dear KL

Highly skilled individuals may qualify to get an O1 visa to work in the USA and then apply for a green card or permanent residence in the USA. This is a non-immigrant visa classification reserved for individuals who have been recognised for outstanding contribution to society in the areas of arts, business, education, athletics, sciences or the motion picture or television industry. Individuals may qualify for O1A or O1B based on their extraordinary abilities.

Canada does not have a programme called O1 visa. However, there are several other ways that a qualified author could qualify to live permanently in Canada. The most popular routes for outstanding writers are via the self-employed programme, or the Express Entry System.

The critical difference between the Canadian and the USA system is that you do not need to get a work permit first and then apply for permanent residence. You can apply directly for permanent residence of Canada. No job offer is required and there are not special conditions attached to your confirmation of permanent residence. You do not need to purchase or establish a business before entering Canada. You will need to show that you can carry on your business, craft, or trade successfully in Canada.

SELF-EMPLOYED PERSONS PROGRAMME

The Self-employed Persons Programme is for persons who are willing and able to make a significant contribution to the cultural or athletic life of Canada. Applicants will be assessed based on Immigration, Refugee and Citizenship Canada (IRCC) selection criteria. Points are allotted based on your age, education, work experience, language competence and adaptability. The key is to score a minimum of 35 points based on the above five selection criteria and point system.

Education is key for all applicants. An individual can get a maximum of 25 points for education. Individuals who have a master’s or PhD degree would get the maximum qualifying points. Proof of completion of high school would give you only five points. Individuals with education outside of Canada may need to get an educational credential assessment report to prove that your education is equivalent to the Canadian system.

Individuals can get points based on their age. An individual can get a maximum of 10 points if they fall between the age of 21-49. Points will be allotted up to age 53 under this category.

English or French language examinations are required. Up to 24 points will be awarded based on your scores for reading, writing, listening and speaking.

Additional points will be awarded based on adaptability. This is assessed based on spouse’s work experience, your work or study experience and family in Canada. If you have five years relevant work experience, you can get 35 points, which is the minimum qualifying requirement.

OCCUPATIONS THAT COULD QUALIFY

The category of self-employed persons includes writers, performers and athletes. However, since you indicate that you are an author, I will focus on that. This category includes authors and writers who can clearly show that they have experience in planning, researching, and writing books, scripts, storyboards, plays, essays, speeches, manuals, specifications and other non-journalistic articles for publication or presentation.

This would include occupations such as poets, advertising writer, biographers, copywriter, crossword puzzle maker, feature writers, ghostwriters, fiction writer, essayist, dialogue writer, novelist, multimedia author, medical writer, manual writer, playwriter, scientific writer, sportswriter, short story writer, speech- writer, screenplay writers, technical writer, and so on.

RELEVANT EXPERIENCE

To qualify as a self-employed immigrant, you will need to clearly show that you have a minimum of two years’ work experience within the last five years before you apply. That work experience must fall within the category of ‘self employed’ person. You can maximise your points if you are able to show a minimum of five years of experience.

The qualifying categories are cultural and athletics. To qualify under the category of cultural activities, applicants must be prepared to present evidence of at least two one-year periods of being self-employed in cultural activities, or two one-year periods participating at a world-class level in cultural activities, or a combination of such experiences. The same principle would apply for individuals who are outstanding in the field of athletics. It is your duty to clearly demonstrate your experience and that your work is recognised at a world-class level.

Medical and security tests are a part of every application to live permanently in Canada. You must prove that you are admissible to Canada and not a risk to others in Canada. You and your family members are required to pass the medical and security checks as well, clearly showing that you have enough money to support yourself once you are in Canada.

The processing time for the self-employed programme is currently approximately 42 months. If you are anxious about leaving your home country, you could check with an immigration lawyer directly to see if you qualify under the Express Entry System, as that programme is deemed to be the fastest route to permanent residence in Canada. The average processing time is usually within 12 months, and the government promises to get back to the pre-COVID processing time of six months.

EXPRESS ENTRY

You may qualify under the Express Entry System. This system manages the Federal Skilled Worker Programme. The selection criteria are similar. However, the points are allocated differently. Age, language ability and education play a key role in the points being awarded. If you have a sibling in Canada, additional points may be awarded, which increases your chance of receiving an invitation to apply for permanent residence.

I recommend that you meet with an immigration lawyer personally to assist you with deciding the most suitable programme for you and your family, and to assist you with the application.

Deidre S. Powell is a lawyer, mediator and notary public. Submit your questions and comments via www.deidrepowell.com . Call or WhatsApp 613.695.8777.