Skilled Workers and Investors

**BULLETIN** The federal investor class reached its quota of 700 applications on July 5, 2011, the first day of availability. As a result no more federal investor cases will be accepted. The Quebec investor category is still open for now.

**BULLETIN** The federal entrepreneur class has been temporarily closed to new applications.

**BULLETIN** Canada issued a new list of occupations for which persons can apply for immigration without arranged employment in Canada, effective July 1, 2011, and limited the applications to 500 for each application.

  
There are four classes of economic immigrants. These are skilled workers; entrepreneurs; investors; and "self-employed." There is a point system for skilled workers which is used to evaluate the likelihood that an applicant will be able to succeed economically in Canada. If a person qualifies for immigration, the person's spouse or common-law partner (including same-sex partner) may immigrate as well, along with their children.

The complete definitions of each class are complex. The following is a brief summary:

• Until December 17, 2001, skilled worker applicants needed to have specific skills that were needed in Canada. The applicant must have had at least one year of experience working at a job on the "General Occupations List." The applicant also needed to score 70 points from a "selection grid." Points were awarded on the basis of education, occupation, work experience, age, and familiarity with the English and French languages. This system is still in place for applications filed before January 1, 2002.
   
• On June 11, 2002, Canada changed the grid and eliminated the General Occupations List. Under the new system, any skilled occupation could qualify. Points would be awarded on the basis of education, language ability in French and English, work experience, age, approved employment in Canada, and several other factors. At first the pass mark was 75, but it was then lowered to 67. Under the 67 pass mark, most applicants with a bachelor's degree, four years of skilled work experience, and fluency in either French or English could qualify. Hundreds of thousands of applications were filed under the new system, and many are still waiting to be processed.
   
• On February 27, 2009, the system changed again to limit the number of applications. The same skilled occupations were eligible with the same point system, but new limitations were placed on who could apply. For people with no offer of arranged employment in Canada, only persons on a short list of occupations could apply. To make matters worse, a quota was established for each occupation. The current quota is 500 annually. Click here for the current list of occupations. A person must have at least one year of experience in the occupation to meet the threshold requirement. By contrast persons with an offer of employment can still apply in any skilled category. Note that for most such offers, the job offer must be approved by a Canadian government agency known as HRSDC. These must be serious job offers and cannot be accommodations from friends or relatives who do not really need a skilled worker. In addition, all skilled worker applicants are now required to take an approved language examination in either French or English (or both). This applies even to applicants from English speaking countries.
   
• "Entrepreneurs" plan to invest in, and actively manage, a business in Canada. The amount of the investment depends on the nature of the business; there is no pre-set minimum amount. The new regulations have greatly altered the rules relating to this category. The entrepreneur must have a net worth of at least $300,000 Canadian to apply (a spouse's assets may be included). The entrepreneur must also have owned an interest in a substantial business abroad, as defined by the regulations, for at least two years out of the last five. This is the only immigrant visa which is conditional; within three years of landing, the entrepreneur must employ at least one Canadian in the new enterprise, and meet other criteria relating to the assets and income of the Canadian business. Since July 1, 2011 this category has been suspended, and Canada is no longer taking new applications.
   
• "Investors" obtain a visa by making an interest-free loan to the government of $800,000 Canadian, which is used for economic development, and then returned in five years. Unlike an entrepreneur, the investor does not actively manage the investment. The $800,000 can be financed. The investor must have a net worth of $1.6 and recent experience managing or owning a substantial business abroad, as defined by the regulations. These new limits were announced on June 26, 2010. As of July 1, 2011, this category was limited to 700 applications per year. This limit was reached immediately on the first day of availability, so the investor class is now closed down.
   
• Self-employed" immigrants are people who will make a significant contribution to the cultural, artistic or athletic life of Canada. The category is also open to people who will buy and operate a farm. The self-employed category is more restricted under the new law than it was previously.