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.
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.
