I have prior employment experience in Pakistan and then I started working as a self-employed person in UK, running a Limited company. It has been 3 years since I have been self-employed.
Self-Employed - Graphic Designer (5241)
- Thread starter aizaz.ali
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Alright, so there are 4 months left now until the clock runs out.
Cases that I've read on the forum suggest it is very likely that the application will be refused if the clock runs out.
Cases that I've read on the forum suggest it is very likely that the application will be refused if the clock runs out.
Did you apply for GCMS notes ? of not then do it asap, it will clear everything.
Got refusal today, and despite being on Tier 1 Entrepreneur Visa in the UK, CIC has refused the visa, content of the entire refusal letter was composed of highlighted sections and subsections.
The only reason why I submitted the application was that, I got the Tier 1 Entrepreneurship Visa and came to London to deliver services here which I successfully did, which means competing at an international market. I am assuming that is the point on which refusal hinges on.
Not sure if I should appeal or not, do make suggestions.
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I have now completed the assessment of your application for a permanent resident visa as a member of the Self-employed Persons Class and have determined that you do not meet the requirements for immigration to Canada.
Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada.
Subsection 100(1) of the Immigration and Refugee Protection Regulations states that for the purposes of subsection 12(2) of the Act, the self-employed persons class is 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).
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 one-year period of experience described in clause (B),
(ii) (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 the 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 have provided sufficient evidence to establish yourself as a self-employed person within the meaning of subsection 88(1) of the Regulations. Upon review of all information on file, I am not satisfied on the balance of probabilities that you have the ability to become self-employed.
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
Subsection 2(2) of the Act specifies that unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1). Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the Regulations for the reasons explained above. I am therefore refusing your application. The decision communicated in this letter constitutes the definitive and final decision on your present application.
The only reason why I submitted the application was that, I got the Tier 1 Entrepreneurship Visa and came to London to deliver services here which I successfully did, which means competing at an international market. I am assuming that is the point on which refusal hinges on.
Not sure if I should appeal or not, do make suggestions.
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I have now completed the assessment of your application for a permanent resident visa as a member of the Self-employed Persons Class and have determined that you do not meet the requirements for immigration to Canada.
Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada.
Subsection 100(1) of the Immigration and Refugee Protection Regulations states that for the purposes of subsection 12(2) of the Act, the self-employed persons class is 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).
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 one-year period of experience described in clause (B),
(ii) (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 the 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 have provided sufficient evidence to establish yourself as a self-employed person within the meaning of subsection 88(1) of the Regulations. Upon review of all information on file, I am not satisfied on the balance of probabilities that you have the ability to become self-employed.
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
Subsection 2(2) of the Act specifies that unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1). Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the Regulations for the reasons explained above. I am therefore refusing your application. The decision communicated in this letter constitutes the definitive and final decision on your present application.
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Wow!! First of all, sorry to hear this. I cannot imagine how you must be feeling now, please put your self together so you can think straight and figure out a way forward. I definitely think you should appeal.
If you do not mind me asking:
1. what documents did you submit as proof?
2. are you actually self-employed in the UK? Did you indicate in your application your visa status in the UK?
Thanks, that is fine as it is a part of the process.
For proof of self-employment
1. I provided a copy of the certificate of incorporation of the business in which I am a director and hold 50% of the shares as this is something essential for my case on Entrepreneur Visa in UK.
2. In UK this is regarded as Self Employment through Limited Company, similar to Limited Liability Partnership in Canada, yes it was mentioned in the application with proofs. I submitted the details of my Visa of UK with proof with the application as well.
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Very Very disappointed to know that. I was not expecting and I thought you are the perfect case as you are self-employed somewhere other than your own country.
You should go for appeal, how much assets did you mention in your form 6A ? and available investment.? and settlement City.?
Good luck.
I am losing hope.
You should go for appeal, how much assets did you mention in your form 6A ? and available investment.? and settlement City.?
Good luck.
I am losing hope.
Sorry to hear that! But did you submitted a business plan relative to when you were plan landing in Canada?
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Don't lose hope buddy, every case is different.
I don;t think there is an issue my capability of supporting myself and my family in Canada as I provided all the evidence.
The objection is if I am self-employed in the UK because I built my case around that.
I will be fighting on that point if I went forward with the appeal. I'll post an update here if I went through with it.
Business plan is not required with the initial application, in Schedule 6A there is a room of paragraph where you can explain why you want to go to a particular city in Canada. That is where I explained a summary of the business plan I have.