43 result(s)
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1.
Canada (Minister of Citizenship and Immigration) v. Xu - 2024 FC 267 - 2024-02-19
Federal Court DecisionsBetween his retirement from the PLAIEU in November 2018 and his arrival in Canada at the age of 41, Mr. Xu was mostly unemployed in China; he declared being self-employed without further detail for about 12 months during that period. [...] The ID found that Mr. Xu’s position as a lecturer teaching basic military tactics and strategy classes to students, in a context of cultural secrecy and where every university student in China must take these classes, does not translate into providing material support to the 3/PLA and its successors. [...] for committing an offence or engaging in specific activities, for example a person’s own participation in or contribution to any specific offences or activities – membership in the context of paragraph 34(1)(f) of the IRPA is based on a person’s association with an organization that engages in such activities; the
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2.
Serimbetoz v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 1130 - 2022-07-28
Federal Court DecisionsHowever, C10 LMIAE WP's are intended to authorize entry to Canada for persons of international renown, where a person's presence in Canada is crucial to a high-profile event, and whether circumstances have created urgency to the person's entry. [...] 89 For the purposes of this Division, an applicant in the self-employed persons class or an applicant in the start-up business class is not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions that were entered into primarily for [...] Member of class Qualité (2) A foreign national is a member of the start-up business class if
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3.
Tekcan v. Canada (Citizenship and Immigration) - 2022 FC 635 - 2022-05-02
Federal Court Decisions[1] These reasons deal with two applications for judicial review of a visa officer’s [the Officer] refusal to approve applications made by two sisters for permanent residence in the self-employed person’s class [the Decisions]. [...] [7] The Applicants relied on the Overseas Processing Manual (OP-8), Entrepreneur and Self-Employed (2008-08-07) [Manual OP-8], which provided in section 5.14, in part, that “when the Officer has concerns about eligibility or admissibility, the applicant must be given a fair opportunity to correct or contradict those
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4.
Mahmoudzadeh v. Canada (Citizenship and Immigration) - 2022 FC 453 - 2022-03-31
Federal Court DecisionsIn April 2018, she applied for a permanent resident visa in the self-employed persons class. [...] ... Members of the class 100 (1) For the purposes of subsection 12(2) of the Act, the self-employed persons class is hereby 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 [...] · A person's financial assets may also be a measure of intent and ability to establish economically in Canada.
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5.
Addae v. Canada (Citizenship and Immigration) - 2022 FC 375 - 2022-03-21
Federal Court DecisionsQuebec skilled worker class, the provincial nominee class, the Canadian experience class, the federal skilled trades class, the Atlantic immigration class, the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class and the Quebec self-employed persons class; and [...] (c) the Convention refugees abroad class and the country of asylum class. [...] (B) the competent authority of the person’s province of intended destination has stated in writing that it does not object to the adoption; or
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6.
Tian v. Canada (Citizenship and Immigration) - 2022 FC 358 - 2022-03-16
Federal Court DecisionsMr. Tian applied for permanent residence in the economic class as a self-employed person with relevant experience in cultural activities. [...] 100(2) 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. [...] Paragraph 11.4 of OP 8 states that it is intended that “the self-employed class enrich Canadian culture”.
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7.
Sandhu v. Canada (Citizenship and Immigration) - 2020 FC 1021 - 2020-10-30
Federal Court Decisions[1] The Applicant, Amandeep Singh Sandhu, seeks to overturn the decision of a visa officer (Officer) in New Delhi, India, who refused his application for a permanent resident visa under the self-employed category. [...] [4] The Applicant applied for permanent residence under the self-employed person’s class, and proposed to purchase and run a farm in Canada. [...] The following day his application was refused, because the Officer was not satisfied that the Applicant had the knowledge, capacity, and intention to manage a farm in Canada, and therefore he did not fall within the definition of “self-employed person” set out in subsection 88(1) of the Immigration and Refugee Protection
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8.
Alriyati v. Canada (Immigration, Refugees and Citizenship) - 2020 FC 496 - 2020-04-07
Federal Court Decisions[20] The Spouse or Common-law partner in Canada class is prescribed as a class of persons who may become permanent residents if they satisfy the requirements found in the Regulations. [...] A foreign national who applies as a member of this class may only become a permanent resident if a sponsorship undertaking is in effect and the sponsor who gave that undertaking continues to meet the requirements of section 133 of the Regulations. [...] However, decisions interpreting other provisions in IRPA or the Regulations that require an assessment of a person’s intention provide guidance.
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9.
Rezaei v. Canada (Immigration, Refugees and Citizenship) - 2020 FC 444 - 2020-03-27
Federal Court DecisionsOne of those classes is the Self-employed Person Class. Section 100 of the IRPR provides that based on ability to become economically established in Canada, a foreign national who is self-employed within the meaning of the IRPR may become a permanent resident. [...] Section 100 further states that where a foreign national who applies under the Self-employed Person Class is not a self-employed person within the meaning of the IRPR, the application shall be refused: [...] The relevant experience requirements differ depending on whether the self-employed person’s experience has been obtained in the field of (i) cultural activities, (ii) athletics, or (iii) the purchase and management of a farm.
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10.
Innocent v. Canada (Immigration, Refugees and Citizenship) - 2020 FC 390 - 2020-03-19
Federal Court Decisions• The date CIC receives a complete permanent resident application, for applicants in the federal economic class (e.g. federal skilled workers, federal skilled trades, Canadian Experience Class, federal business). [...] • The date CIC receives a complete permanent resident application, for applicants in the family class (including the Spouse and Common-Law Partners in Canada class). [...] • The date a person’s claim was made to an officer as per subsection 99(3) of IRPA, for persons who made a claim for refugee protection in Canada and who subsequently acquired protected person status.
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11.
Weng v. Canada (Immigration, Refugees and Citizenship) - 2020 FC 151 - 2020-01-28
Federal Court DecisionsMembers of the business immigrant class may or may not be called to an interview; this puts them on a par with other classes of immigrants. [...] • A person's financial assets may also be a measure of intent and ability to establish economically in Canada. [...] It is intended that the self-employed class enrich Canadian culture and sports.
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12.
Sun v. Canada (Citizenship and Immigration) - 2019 FC 1069 - 2019-08-12
Federal Court DecisionsThe application was submitted in the self-employed class. Ms. Sun states that she has experience as a Chinese calligraphy teacher and wants to set up her own calligraphy school in Vancouver. [...] [4] The visa officer was required to apply section 88 of the Immigration and Refugee Protection Regulations, SOR/2002-229 [the Regulations], which provides, among other things, that a self-employed person is a person “who has relevant experience and has the intention and ability to be self-employed in Canada”. [...] To determine whether a person has the “ability to be self-employed”, the case law of this Court has established that the visa officer may consider the person’s ability to express himself or herself in one of the official languages and the seriousness of the person’s business plan (Singh v Canada (Immigration, Refugees and
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13.
Shang v. Canada (Citizenship and Immigration) - 2019 FC 341 - 2019-03-22
Federal Court Decisions[2] In March 2017, the applicant applied for a permanent resident visa in the self-employed persons class under section 100 of the Immigration and Refugee Protection Regulations, SOR/2002-227 [IRPR]. [...] The economic immigration categories in which a foreign national may apply are specified in Part 6 – Economic Classes of the IRPR. In this case, the applicant submitted his application in the self-employed persons class as described in the IRPR under Part 6, Division 2 – Business Immigrants. [...] [11] If an applicant in the self-employed persons class is not a self-employed person within the meaning of subsection 88(1), the visa officer will terminate the examination of the application and reject it in accordance with subsection 100(2) or the IRPR.
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14.
Wang v. Canada (Citizenship and Immigration) - 2019 FC 284 - 2019-03-07
Federal Court DecisionsOne of those classes is the Self-employed Person Class. Section 100 of the [Regulations] provides that based on ability to become economically established in Canada, a foreign national who is self-employed within the meaning of the [Regulations] may become a permanent resident. [...] 100 (1) For the purposes of subsection 12(2) of the Act, the self-employed persons class is hereby 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). [...] The relevant experience requirements differ depending on whether the self-employed person’s experience has been obtained in the field of (i) cultural activities, (ii) athletics, or (iii) the purchase and management of a farm.
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15.
Shen v. Canada (Citizenship and Immigration) - 2018 FC 620 - 2018-06-15
Federal Court DecisionsMr. Shen obtained permanent residence by way of the MOC in January 2008 through sponsorship under the family class as his wife’s spouse. [...] [4] Mr. Shen is self-employed. He works as a consultant, tour guide, and freelance mover. [...] In support of his position as to how the concept of remorse should be understood, Mr. Shen relies on Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 66, where the Supreme Court of Canada explained how the IAD should assess a person’s prospects for rehabilitation.
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16.
Wu v. Canada (Citizenship and Immigration) - 2018 FC 554 - 2018-05-29
Federal Court DecisionsIn May 2015, she submitted an application for permanent residence in Canada as a member of the self-employed person’s class. [...] The Officer determined that the Applicant did not qualify for a permanent resident visa in the self-employed person’s class. [...] [5] The Applicant now seeks judicial review of the decision dated August 29, 2017 refusing her application for permanent residence as a member of the self-employed person’s class.
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17.
Nisreen v. Canada (Citizenship and Immigration) - 2018 FC 469 - 2018-05-01
Federal Court DecisionsLikewise, being close to meeting the requirements of another class does not address the Principal Applicant’s failure to meet the requirements of the provincial nominee class. [...] Class Catégorie 87 (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada. [...] Member of the class Qualité (2) A foreign national is a member of the provincial nominee class if
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18.
Momeni v. Canada (Citizenship and Immigration) - 2017 FC 304 - 2017-03-23
Federal Court DecisionsHe applied for permanent residence as part of the Self-Employed Persons class in June 2014. [...] One of those classes is the Self-employed Person Class. Section 100 of the IRPR provides that based on ability to become economically established in Canada, a foreign national who is self-employed within the meaning of the IRPR may become a permanent resident. [...] The relevant experience requirements differ depending on whether the self-employed person’s experience has been obtained in the field of (i) cultural activities, (ii) athletics, or (iii) the purchase and management of a farm.
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19.
Al-Anbagi v. Canada (Citizenship and Immigration) - 2016 FC 273 - 2016-03-04
Federal Court DecisionsTherefore, the Officer determined that Suad is not a member of the Convention refugee abroad class. [...] Renewal of temporary resident status in Jordan is highly contingent on a person’s ability to contribute to the economy. [...] The Officer does not explain why Suad’s travels to Iraq demonstrate that she is not a member of the country asylum class while the trips made to Iraq by the other Applicants do not preclude them from being considered members of the country of asylum class.
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20.
Abdillahi v. Canada (Citizenship and Immigration) - 2015 FC 1202 - 2015-10-23
Federal Court DecisionsThat might be in terms of continuing remittances or securing a livelihood, based on employment or self employment. [...] That requires an assessment of the location within the framework of the person’s situation and characteristics. [...] That assessment must consider the person’s ability to be supported in the location in terms of employment and physical and mental health.
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21.
Guryeva v. Canada (Citizenship and Immigration) - 2015 FC 1103 - 2015-09-22
Federal Court Decisions[2] On January 8, 2013, the applicant submitted an application for permanent residence in the self-employed person class to the Canadian Embassy in Moscow. [...] SOR/2002-227 [Regulations], the “self-employed persons class” is defined for the purposes of subsection 12(2) of the IRPA 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 [...] [14] The applicant also filed financial evidence of her net worth (Schedule 6A), indicating total assets of approximately $160,000 CDN. Section 11.3 of the OP-8 Guide “Entrepreneur and Self-Employed” [OP-8 Guide] notes that a person’s financial assets “may [...] be a measure of intent and ability to establish economically
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22.
Tollerene v. Canada (Citizenship and Immigration) - 2015 FC 538 - 2015-04-28
Federal Court DecisionsHe applied for a permanent resident visa on April 16, 2013 under the Self-Employed Person Class in accordance with s 88(1) of the Regulations. [...] 100. (1) For the purposes of subsection 12(2) of the Act, the self-employed persons class is hereby 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). [...] [...] • A person's financial assets may also be a measure of intent and ability to establish economically in Canada.
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23.
Canada (Citizenship and Immigration) v. Rogan - 2011 FC 1007 - 2011-08-18
Federal Court DecisionsMr. Hadzic is self-employed, and runs his own long-distance telephone service business. [...] (i) is outside the country of the person’s nationality and is unable or, by reason of that fear, is unwilling to avail himself of the protection of that country, or [...] [...] 19.(1) No person shall be granted admission who is a member of any of the following classes:
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24.
Brar v. Canada (Citizenship and Immigration) - 2011 FC 691 - 2011-06-14
Federal Court DecisionsRehabilitation may be demonstrated by the passage of time and through an examination of the person's activities and lifestyle pre and post offence. [...] Furthermore, she indicates that the consideration of the Applicant’s application would have been the same, whether he applied in the Spouse in Canada class or the H&C class. [...] In my opinion, lack of new convictions does not in and of itself provide insight into a person’s beliefs, morals or future plans.
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25.
Hamzai v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1108 - 2006-09-19
Federal Court DecisionsThe decision of an immigration official not to recommend an exemption under s. 25 (1) of IRPA takes no right away from an individual, and does not impede that person’s ability to apply for permanent residence in Canada from abroad. [...] She also noted that Mr. Hamzai was self employed in Albania prior to coming to Canada. [...] c) Mr. Hamzai and Ms. Guri attended ESL classes. They did not take any other skill upgrading classes since arriving in Canada.