Bank of Questions Economic

Knowledge Check 5.4: British Columbia Provincial

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION:

QUESTION: Your client is applying under the skilled worker stream. He has been offered work at Desjardins as an insurance agent in Surrey, British Columbia. For the past 5 years, he has worked as an insurance underwriter in Japan. Would this work experience qualify under the skilled worker stream? c) Maybe. Maybe, but it is a risk. The applicant must also have a “minimum two years of directly related full-time (or full-time equivalent) work experience in the skilled occupation that has been offered. This work experience must be “directly related”, which means it is classified under the same NOC code. However, the Program Guide also says: “Experience in a related occupation at a NOC skill level equal to or greater than the NOC code of the B.C. job offer may also be included if you can satisfactorily demonstrate how this work experience is directly related to the job duties outlined in the B.C. job offer. This information will be required at the time of application.” Insurance underwriter is classified under NOC 12202, whereas insurance agent is classified under NOC 63100.

 

QUESTION: The director may refuse to accept an application for processing if a prescribed requirement has not been met. Which of the following is/are a prescribed requirement under the BCPIPR? a) If the applicant has been determined to have knowingly made a misrepresentation in a previous application within the last two years. b) If the applicant’s supporting employer has been determined to have knowingly made a misrepresentation in a previous application within the last two years. Correct answer e) A & B. The director may refuse to accept an application for processing on various grounds, which are set out in subsection 3(3) of the BCPIPA. These grounds include if a prescribed requirement has not been met. See the “prescribed requirements” set out in section 5 of the BCPIPR.

QUESTION: Your client is an auto assembly worker who is currently employed with Mercedes. He must demonstrate his achievement of Canada Language Benchmark of 4 or higher in each of speaking, listening, reading, and writing to meet the minimum official language competency requirements. True. Auto assembly worker is a TEER 4 occupation (NOC 94200). Section 4 of Annex A establishes minimum official language competency requirements. “Nominees coming to work in occupations that fall within skill levels C and D of the National Occupational Classification matrix must demonstrate that they have achieved Canada Language Benchmark of 4 or higher in each of speaking, listening, reading and writing.” NOC C and D would now be TEER category 4 or 5.

QUESTION: Of the five streams in the BC PNP Skills Immigration program, entry-level and semi-skilled cannot be applied for via Express Entry. This is because: c) People who qualify under this stream have jobs in TEER category 4 and 5 according to the National Occupational Classification matrix. Entry-level and semi-skilled stream cannot be applied for via Express Entry, since the stream targets foreign nationals coming to take positions classified as TEER category 4 and 5 by the National Occupational Classification (NOC) matrix. To go through Express Entry, an applicant must qualify for one of the Federal Skilled Worker Class, the Canadian Experience Class, or the Federal Skilled Trades Class. Those three classes require the applicant to have experience and/or a job offer in an occupation that is TEER category 3 or higher in the NOC.

QUESTION: Your client is a registered nurse employed with Vancouver General Hospital in the Greater Vancouver Area. She is applying for BC PNP under the healthcare professional stream. She has twin toddler daughters and a new-born son with her in Vancouver. Her husband will remain in Finland for at least a little while. Her annual income is $65,097 and she has $5,400 in available, transferrable funds. Is this enough to satisfy the requirements of BC PNP? a) Yes. The BC PNP has minimum income requirements, but no settlement funds requirement. The minimum income requirements are based on the number of dependents (other than Canadian citizens and permanent residents) and where the applicant will reside in BC. Where an applicant has 3 dependents and live in the Greater Vancouver area, they will need to show they have an annual income of at least $49,467.

QUESTION: Your client’s application has been declined by the director. In requesting for a review of that decision, Brigitte can submit new documents that will support her application. False.

According to the Program Guide, A review is not a chance to submit new evidence or re-argue the evidence submitted in your application. The purpose of a review is to determine whether the original decision was based on a fair process, and was within the range of decisions that could be reasonably supported by the evidence before the decision maker based on the program criteria at the time of the decision.

QUESTION: When a candidate becomes an approved person, which of the following must the candidate advise the director of a) When the candidate has been terminated from their job. b) When the candidate has been demoted from their job. c)  When the candidate’s work permit has been refused. d) All of the Above. Answer d). Section 5 of the BCPIPA imposes an obligation on “an approved person” (i.e., a nominee) to comply with any such conditions and also to advise the director of any material change in their circumstances. According to the BC PNP Skills Immigration Post-Nomination Guide, such material changes may include events like having been terminated or demoted, changes in immigration status, or the refusal of a work permit.

QUESTION: Your client is applying under the international graduate stream. She is employed by a small business in Vancouver. What must be established for her employer to be considered eligible? b) The employer has more than 5 full-time, indeterminate employees. The requirements for employers to be “eligible” are set out in pages 41-48 of the Program Guide. The requirements include: being “in good standing”; having at least 5 full-time, indeterminate employees (since it is in the Greater Vancouver area); and demonstrated genuine efforts in recruiting from the local labour market before extending a job offer to the applicant

 

 

QUESTION: According to the Canada-British Columbia Immigration Agreement 2021, which of the following is/are the responsibility of the government of British Columbia? c) Assessing and nominating provincial nominees.   See article 7.4 All of the other responsibilities fall under federal jurisdiction.

 

 

 

QUESTION: Which of the following consideration(s) are listed as relevant factors for nominating provincial nominees, according to Annex A of the Canada-British Columbia Immigration Agreement 2021? a) ob offer and work experience b) Education and training e) A & B

See sections 4.5: “Economic establishment will be determined on the basis of factors which may include, but are not limited to current job or job offer, language ability, work experience, education and training, and business ownership skills and past experience.” See also section 4.6: “Non-economic factors, including but not limited to family connections or community ties, shall not constitute an eligibility condition or determining factor under any stream or category under the Provincial Nominee Program.”

 

Knowledge Check 5.5: Quebec Programs

QUESTION: For an employment offer to be validated, which of the following must the applicant satisfy. (Choose all that apply)  a) The employer has been in business in Quebec for more than one yearb) The employer has spent reasonable efforts to recruit qualified residents in Quebec and was unable to fill the position d) The employer must file an application for validation For an employment offer to be validated, an employer must: Have been in business in Quebec for more than 12 months;  Is able to prove that, despite their reasonable efforts to recruit qualified residents of Quebec, they have been unable to fill the position; Ensure that local workers cannot be trained for the position within a period of 1 year; Offer a full-time position (30 hours per week) that respects labour and employment standards, as well as applicable collective bargaining agreements, and that does not interfere with the employment of a person involved in a labour dispute; Offer a position the salary for which corresponds to those offered to a Quebec worker in the main type of position and with similar experience; and Commit in writing to reserve the position for the skilled worker.

Once an employer has fulfilled these conditions, they must file an application for validation by filling out the Demande de validation d’une offer d’emploi permanent.

QUESTION: Which of the following characteristic(s) of the Canada-Quebec agreement illustrate the more hands-off approach of the federal government compared to other provinces? c) There is no power of substituted evaluation or supplementary restrictions that are present in other provinces’ programs. Section 12 of the Accord provides Quebec with more protection for its role in selection than agreements with other provinces. However, the federal government still retains its role in processing applications and refusing them if an applicant is found to be inadmissible. Quebec can also select family class immigrants and refugees resettled from abroad, in contrast to those who make claims in Canada; their claims are determined by the federal Immigration and Refugee Board. Finally, there is no power of substituted evaluation or supplementary restrictions (as, for instance, restrictions on passive investors or participants in immigration-linked investment schemes), as we see in the Provincial Nominee class. Nor are there educational, official language proficiency, or work experience requirements as we see with the Atlantic Immigration Pilot.

QUESTION: Your client, Francis Vergas, is a 28-year-old architect who has completed his bachelors in an approved area of study (4-year program) at Université de Montréal. He has 2 years of work experience and accumulated 1 year of internship experience during his studies. How many points would he be awarded for these experiences? d)32 Francis would receive 32 points overall:  10 points for his undergraduate degree, 6 points for his work experience (both paid work and internship), and 16 points for his age.

QUESTION: Which of the following can the Minister consider when inviting foreign nationals to apply for selection? (Choose all that apply.) a) The foreign national’s training or test score b) The foreign national’s ability to successfully settle in Quebec c) The foreign national’s occupation

Under sections 44 and 45, the Minister is empowered to determine the criteria for inviting and prioritizing foreign nationals to apply for selection. Section 44 states: An invitation criterion may be a score, a selection condition or criterion or any other criterion relating to a foreign national’s ability to successfully stay or settle in Québec, such as training or a trade or occupation. Such an invitation criterion may notably also be a region of destination in Québec, a country or region affected by a humanitarian crisis or the existence of an international commitment.

The Minister’s ability to issue invitations is far more flexible than under Express Entry, or even British Columbia’s registration system. It does not seem to depend on the awarding of points or the class under which the foreign national will apply.

 

QUESTION: rue or false: For both the English and French language tests, points are awarded equally across each language skill area, with a maximum of 7 points for each area. FALSE. For French language proficiency, the point system privileges speaking and listening, awarding up to 7 points for each of these skill areas, and only a maximum of 1 point for each of reading and writing. For English language proficiency, more points are available for speaking and listening (2 points each), than for reading and writing (1 point each).]

QUESTION: Which of the following characteristic(s) of the Canada-Quebec agreement illustrate the more hands-off approach of the federal government compared to other provinces? c) There is no power of substituted evaluation or supplementary restrictions that are present in other provinces’ programs Section 12 of the Accord provides Quebec with more protection for its role in selection than agreements with other provinces. However, the federal government still retains its role in processing applications and refusing them if an applicant is found to be inadmissible. Quebec can also select family class immigrants and refugees resettled from abroad, in contrast to those who make claims in Canada; their claims are determined by the federal Immigration and Refugee Board. Finally, there is no power of substituted evaluation or supplementary restrictions (as, for instance, restrictions on passive investors or participants in immigration-linked investment schemes), as we see in the Provincial Nominee class. Nor are there educational, official language proficiency, or work experience requirements as we see with the Atlantic Immigration Pilot.]

QUESTION: Your client, Marten Yorgen, is a 34-year-old engineer with a masters degree from Université de Sherbrooke in an approved area of study. Marten and his wife have a 2-year-old daughter. Marten’s wife is 32 years old and has completed a two-year college program (non-technical). They also have $8,000 in available funds. How many points would be awarded for Marten? c) 37. Marten will receive 37 points altogether: 12 points for his education, 16 for his age, 4 points for his daughter, 3 points for his wife’s age, 1 point for his wife’s education, and 1 point for financial sufficiency.

 

QUESTION: In the event of a conflict between sections 24.1 and 24.5 of the Québec Immigration Regulation consistent with subsection 12(2) of the IRPA, are those regulatory provisions likely to be deemed unconstitutional? NO. Probably not. Although there may be a conflict between IRPA, s 12(2) and the Québec regulations, IRPA, s 8-9 permits the federal government to enter into immigration agreements with the provinces and, when it does, provincial selections are determinative other than with respect to inadmissibility. There is nothing that says that Quebec must define its economic classes in the same terms as the IRPA. When the federal government wants the IRPA to prevail in the case of conflict, it has made sure such terms are included in the relevant federal-provincial/territorial agreement, as in the Canada-British Columbia Immigration Agreement – 2015.

QUESTION: For an employment offer to be validated, which of the following must the applicant satisfy. (Choose all that apply) a) The employer has been in business in Quebec for more than one year  b)  The employer has spent reasonable efforts to recruit qualified residents in Quebec and was unable to fill the position d) The employer must file an application for validation For an employment offer to be validated, an employer must: Have been in business in Quebec for more than 12 months; Is able to prove that, despite their reasonable efforts to recruit qualified residents of Quebec, they have been unable to fill the position; Ensure that local workers cannot be trained for the position within a period of 1 year; Offer a full-time position (30 hours per week) that respects labour and employment standards, as well as applicable collective bargaining agreements, and that does not interfere with the employment of a person involved in a labour dispute; Offer a position the salary for which corresponds to those offered to a Quebec worker in the main type of position and with similar experience; and Commit in writing to reserve the position for the skilled worker. Once an employer has fulfilled these conditions, they must file an application for validation by filling out the Demande de validation d’une offer d’emploi permanent.]

 

 

 

Knowledge Check 5.6: The Atlantic Immigration Program

QUESTION: QUESTION: True or false: The total number of prospective permanent residents admitted under the Atlantic Immigration Pilot Programs is 2,000 every year.

Instructions issued under section 87.3 of the IRPA cap the number of applications accepted under the program each year at 2,000, but because many applications will include a principal applicant and accompanying family members, the number of prospective permanent residents admitted will always be higher than 2,000.] False

QUESTION: QUESTION: True or false: If a candidate has been residing in the Province for more than 16 months, they are not required to submit a settlement plan as part of the Provincial Endorsement application.

All applicants must provide a settlement plan even if they are already living in the Province. As per the NS endorsement guidelines: “Applications that do not include a settlement plan completed by an approved immigrant settlement service provider organization will not be processed. Furthermore, the provincial government monitors employer commitments and failure to support access to settlement services as per the settlement plan may result in de-designation.”

QUESTION: QUESTION: For a Nova Scotia employer to be a designated employer, which of the following is not a requirement? (Choose all that apply).

  1. b) Has been in continuous and active operation for the past three years in Nova Scotia
  2. d) The employer must have a minimum of $300,000 in revenue for the past two taxation years

The employer needs to be in continuous, active operation for two years in the Atlantic region OR has approved corporate plans to relocate to Nova Scotia, so B is not necessarily correct. There is also no requirement about the employer’s minimum revenue, so D is incorrect.

 

QUESTION: A Nova Scotia employer wishes to become designated. Which of the following is/are not required in their application form? c) The designated officer’s home address

QUESTION: Your client, Shimizu, a citizen of Japan, has just finished her PhD at Saint Thomas University in New Brunswick. It took her four years to complete her PhD, studying full time. She also occasionally worked as a research assistant for different professors, never more than 5-10 hours per week. Back in her home country, she obtained a bachelor’s degree in engineering from Waseda University. She worked as a civil engineer for 3 years in Japan. Shimizu has received a job offer to work in New Brunswick as a civil engineer.

Can Shimizu apply to the Atlantic Immigration Program? Yes, as an international graduate of an institution in New Brunswick, Shimizu does not have to meet the work experience requirements for the AIP.

QUESTION: QUESTION:  Your client, Mohamed, has received a job offer to work in New Brunswick as a Hospital Custodian (NOC 65310). In his home country, Algeria, he worked as a Nurse Aide (NOC 33102) for the previous two years. He has a Certificate in Nursing from the University of Science and Technology in Algiers. Can Mohamed apply to the Atlantic Immigration Program? No.

Since Mohamed’s job offer as a Hospital Custodian falls under NOC 65310, which is a TEER category 5 occupation, he does not qualify for the Atlantic Immigration Program. The AIP specifically excludes TEER 5 occupations, which are generally lower-skilled positions.

Therefore, despite Mohamed’s relevant work experience and qualifications, his job offer’s TEER 5 classification disqualifies him from applying to the Atlantic Immigration Program. He would need a job offer in a TEER 0, 1, 2, 3, or 4 occupation to be eligible for this program

QUESTION: Your client, John Bradshaw is an owner-operator of his company in Nova Scotia. He wants to become a designated employer in order to bring in talent from Europe, specifically Italy. Due to the nature of his company, all services can be provided remotely to its customers/clients, and therefore, John’s company has been set up from his home office. John’s company has had a minimum of $300,000 in revenue for the past two taxation years. He is willing to support the costs of settlement services for employees brought in through the program. Can John’s company become a designated employer?. NO, John’s company cannot become a designated company because home-based businesses and businesses located in residential homes may not be eligible for designation.

QUESTION: True or false: Any employer of a certain size in an Atlantic province will be able to hire foreign nationals through the Atlantic Immigration Program. FALSE, Employers must be designated by the province in which they are based by showing that they are in good standing.

 

Knowledge Check 6.1: Startup Business Class

QUESTION: You represent Bob McGee, a citizen of Ireland, who has applied for permanent residence under the Start-Up Business Class. Bob obtained a commitment certificate and letter of support from NextGen, a business incubator program. Shortly after his application was submitted, IRCC suspended NextGen’s designation. Bob writes you an email asking if that means his application will be refused? No. Not necessarily.  The operational instructions state that applications associated with commitments made by a suspended entity will be put “on hold.”

QUESTION: True or false: The Start-Up Business Class began as a 5-year pilot program in 2013. It was renewed for another 5-year term in 2018. The Start-Up Business Class began as a 5-year pilot program launched using ministerial instructions in 2013. The federal government made the class permanent in 2018 through additions to the Immigration and Refugee Protection Regulations.

QUESTION: Nikolaj Boyle is applying for permanent residence under the Start-Up Business Class. His business idea caught the attention of an Angel Investor, Tony Stork of Stork Industries, who is willing to invest $1 million. Nikolaj and Tony got together and agreed on a term sheet for this investment. Three months after Tony’s investment, Nikolaj’s company doubled its sales.

You are an immigration officer evaluating Nikolaj’s application. Do you have enough information under subsection 98.01(2) of the IRPR to approve Nikolaj’s application? No. Although there is an investment, there is no mention of Nikolaj having a commitment from a designated entity at the time of his application. Under IRPR, s 98.10(2), “a substitute evaluation must not be conducted for an applicant who did not have a commitment from a designated entity on the day on which they made their application.”

QUESTION: A designated venture capital firms was found to have violated a provision of the Canada Business Corporations Act, under which it had been incorporated. Would this suspend the firm’s ability to make commitments? Yes. One of the conditions in paragraph 98.03(3) is that a designated entity “must comply with any federal or provincial law or regulation relevant to the service it provides.” The Minister may suspend the entity’s ability to make commitments if there is reason to suspect the entity does not meet the conditions.

QUESTION: You represent Jane Cohen, a citizen of the United States, who has applied for permanent residence under the Start-Up Business Class. Janis obtained a commitment certificate and letter of support from NextGen, a business incubator program. Jane has lots of relatives and contacts who can mentor her as she tries to launch her business. Shortly before she submitted her application, IRCC revoked NextGen’s designation.  No, No. Under IRPR, s 98.10(2), “a substitute evaluation must not be conducted for an applicant who did not have a commitment from a designated entity on the day on which they made their application.” As things now stand, Janis (unlike Kris) will not have a commitment from a designated entity on the day she makes her application. Therefore she cannot ask for substituted evaluation under IRPR, s 98.10. Answer: No, Jane cannot ask an officer to substitute their own evaluation of her ability to become economically established in Canada in this situation. According to section 98.10 of the IRPR, substituted evaluation is not available to applicants who did not have a commitment from a designated entity on the day they made their application. Since NextGen’s designation was revoked before Jane submitted her application, she would not meet this requirement and thus cannot use substituted evaluation to overcome the lack of a valid commitment​​.

 

Can Jane ask an officer to substitute their own evaluation of her ability to become economically established in Canada on the basis of her qualifying business?

QUESTION: True or false. An angel investor, business incubator or venture capital fund may be designated by the Minister of Immigration, Refugees and Citizenship if they either are recognized for their expertise in assessing the potential for and assisting in the success of start-ups in Canada, or have the ability to assess the potential for and assist in the success of start-ups in Canada. FALSE. Designated entities must both be recognized and have the ability to assess the potential for and assist in the success of start-ups in Canada. The requirement is conjunctive, not disjunctive.

QUESTION: According to the operational instructions and the IRPR, which of the following need not be included in the term sheet/client agreement submitted by a designated business incubator to IRCC in support of an application? An explanation of the failures of past businesses that have gone through the business incubator program. The role of the term sheet/client agreement is to ensure that the business incubator has entered into the commitment based on proper due diligence and in light of industry standards.

QUESTION: True or false: As long as a business incubator/angel investor/venture capital fund has the ability to assess the potential for and assist in the success of start-up business opportunities in Canada, and continue to meet these conditions, it can qualify as a designated entity.  False because Under subsection 98.03(2) of the IRPR, the entity must also be “recognized for its expertise in assessing the potential for and assisting in the success of start-up business opportunities in Canada.”

QUESTION: Question: You are an immigration officer evaluating the application of Kristof Ebner. As part of his application, Kristof has provided a term sheet with Intrinsic Venture Capital. There are some provisions within the term sheet that you think are uncommon within the industry.

Can you refuse this application without requesting a peer review?

Yes

Yes. Under subsection 98.08(1) of the IRPR, if an officer is not satisfied that the entity assessed the applicant and the applicant’s business in a manner consistent with industry standards or that the terms of the commitment are consistent with industry standards, the officer may refuse to issue the permanent resident visa.

 

QUESTION: Which of the following must a business incubator include in the term sheet or client agreement? (Choose all that apply): Information regarding ownership of intellectual property, Performance of due diligence assessment, The duration of the business incubator program for the start-up business.

The instructions set out specific requirements for term sheets or client agreements. Business incubators are required: to specify the period for which the applicant will be in the business incubator program; to state whether the applicant has control over the intellectual property, patents, or other assets that the applicant is bringing to the business; to set out the legal and financial structure of the business; and to confirm that they have performed a due diligence assessment of the business.

 

 

 

 

 

 

 

 

QUESTION: True or false: The processing fees for the Start-Up Business Class principal applicant is $1810, with $950 for a spouse or common-law partner, and $260 for each dependent child. There is also $575 right of permanent residence fee for the principal applicant, spouse, and each dependent child.  False The processing fee is correct, but there is no right of permanent residence fee for dependent children

QUESTION: Who/what has the power to designate an entity for the Start-Up Business Class?  The Minister of Immigration, Refugees and Citizenship  According to IRPR paragraph 98.03, the Minister must designate the entities.

QUESTION: Your client, Ingrid Hurrier, wants to apply for the Start-Up Business Class. Her business meets the requirement under this class. However, she is concerned about the amount of settlement funds she requires. She has a big family. Ingrid and her wife have 4 kids of their own and 4 adopted children. She has $50,000.00. Does she have sufficient settlement funds for the Start-up Business Class? No, Ingrid has 10 family members (including herself), which means she requires $50,749 ($38,875 +  3 x $3,958). Figure valid as of 13 June 2024.

 

 

 

 

Your client, Ingrid Hurrier, wants to apply for the Start-Up Business Class. Her business meets the requirement under this class. However, she is concerned about the amount of settlement funds she requires. She has a big family. Ingrid and her wife have 4 kids of their own and 4 adopted children. She has $50,000.00. Does she have sufficient settlement funds for the Start-up Business Class?

QUESTION: According to the operational instructions and the IRPR, which of the following need not be included in the term sheet/client agreement submitted by a designated business incubator to IRCC in support of an application?

An explanation of the failures of past businesses that have gone through the business incubator program.

The details of any past collaboration between the angel investor and the applicant. That information may be relevant to the applicant

The role of the term sheet/client agreement is to ensure that the business incubator has entered into the commitment based on proper due diligence and in light of industry standards.

Neither the operational instructions nor the IRPR require information regarding previous collaborations. Note for question D: While IRPR, s 98.04(2) states that a commitment does not respect the regulations if the designated entity charged a fee to review and assess the business proposal or business, it does not preclude fees for other services. Such other fees must be disclosed in the commitment certificate, according to the instructions.

 

 

 

Knowledge Check 6.2: Self Employed Persons Class

QUESTION: Your client, Henry Sidgwick, is a genius. He skipped grades 2 through 4 in his native England and then completed secondary school in 3 years, so that by the time he received his secondary school diploma he had undergone only 6 years of schooling, half the time it usually takes. He went on to complete his bachelor’s degree in philosophy in 2 years rather than 4 before deciding to pursue a career as a sculptor. He has worked as a sculptor full-time for the past 4 years, with his first exhibition at a major gallery coming 2 years ago. At just 18, he is described as the second coming of Alberto Giacometti. How many points would Sidgwick receive for his education?

Answer is 20

He would receive 20 points under subparagraph 102.2(2)(d)(ii) of the IRPR. He has a 2-year university educational credential. Although he has received only 8 years of actual schooling, he has received the equivalent of 16 years of full-time equivalent study on an accelerated basis, as set out in the definition of full-time equivalent in subsection 102.2(1).

QUESTION: True or false: To determine if an applicant is self-employed, the immigration officer should use the conclusive test set out by the Supreme Court of Canada, which considers: the level of control from the employer, whether the worker has their own equipment, whether the worker hires their own helpers, the degree of financial risk taken, the degree of responsibility, and opportunity for profit.

False: Although the Supreme Court of Canada set out factors to consider in Sagaz, these factors do not provide a conclusive test.

 

QUESTION: Dana Elaine Owens has been a self-employed violin teacher for the past 10 years. Last year she took a break from teaching to tour with the Andare String Quartet, performing across Europe and Asia in mostly small venues. The Quartet was promoting their most recent album, A Bushel of Brussel Sprouts.

Does Dana meet the “relevant experience” requirement to apply under the Self-Employed Persons Class? Yes

On the facts given, Dana has four years’ experience as a self-employed music teacher and 1 year’s experience as a world-class violinist.

QUESTION: In 1990, Matthew Robert Von Wunkle had a hit rap record, performing under the name Icy Vanilla. His biggest hit was a multiplatinum rap single, “Nice Nice Lady.” However, in 1994, Von Wunkle was dropped by his record label. After making records independently for about 10 years, he has spent the last 16 years as a mortgage broker.

Can he apply under the Self-Employed Persons Class?

Although Mr. Von Wunkle has experience in cultural activities at a “world-class level”, that experience is not within the past 5 years. It therefore does not count as “relevant experience” and so he does not fall within the definition of “self-employed person.”

 

QUESTION: Your client, Shen Zhou, is a tenor from China who wishes to move to Prince Edward Island to start his opera career. Mr. Zhou is 29 years old. He graduated from a music high school in China, and obtained a double degree in music and teaching at a top Chinese university. His results on an approved language test – the International English Language Testing System (IELTS) – were: 7 for reading and writing; 7.5 for listening; and 7 for speaking.

Mr. Zhou has performed at least ten shows per year for the past 6 years. He earns an annual income of 611,000 RMB from all the performances (approximately $120,000 CAD). Mr. Zhou did not manage to save much of his income as he needed to take care of his elderly grandparents as he is the only unmarried child in his whole family. He has $30,000 in settlement funds.

Does Mr. Zhou likely meet the criteria for being a “self-employed person” as defined in the regulations?

Yes he do

Hide question 3 feedback

Mr. Zhou is likely able to meet the criteria. He has been performing in the last 6 years, which satisfies “relevant experience”. He also has the intention of becoming a self-employed musician in Canada. Under NOC unit code 51122 for “musicians and singers”, the main duty is to “sing musical arrangements as soloists or as members of vocal groups before audiences or for recording purposes”.

 

 

QUESTION: Jingshuo Huang has been playing piano since he was 5 years old. In the last 14 months, Jingshuo has been on world tour with a jazz band. Their tour has been very successful – almost every event has been sold out. For the 12 months prior to the tour, he earned his living by giving piano lessons to children and adults of all skill levels. Does Jingshuo meet the “relevant experience” requirement to apply under the Self-Employed Persons Class? Yes,

On the facts given, Jingshuo has one year of experience as a self-employed piano teacher and one year’s experience as a world-class pianist. A mix of one year of self-employment and one year of world-class participation can satisfy as relevant experience.

QUESTION: Via Getty is a professional field hockey player from Estonia. She has a high school diploma and did not pursue a post-secondary education. Since graduating from high school, Via has participated in national and international tournaments and earned her living through prize winnings for the past four years. She is also a member of the Estonia national team.

During an international competition in Canada, Via’s talent was spotted by a Canadian scout for the Toronto Lady Jayes, part of the Women’s Field Hockey Association, or WFHA. Via has been offered a contract to train and compete in Canada, for an annual income of $70,000.

Via has taken an approved language test (the Canadian English Language Proficiency Index Program (CELPIP)) and scored 5 in reading and writing, 7 for speaking and 6 for listening.

Does Via likely meet the criteria for being a “self-employed person” as defined in the regulations?

No, she will not.

Via will likely not meet the definition of self-employed person. Via has “relevant experience” (IRPR, s 88(1)), as she has competed internationally for four years (i.e., he plays at a world-class level and has been recognized as playing at a world-class level). She will likely make a “significant contribution” to athletics in Canada. Via is also applying in “good faith”.

However, the offer to train and compete in Canada may or may not be considered an employment contract. In making this determination, control will be a factor, as will other factors such as whether she will provide her own equipment, whether she will hire her own helpers, the degree of financial risk she will take on, her degree of responsibility for investment and management, and her opportunity for profit. It seems likely Via will use equipment provided by the team, and most of the financial risk and most investment and management decisions will be taken by the team. Therefore, it seems that she is entering an employer-employee relationship rather than as a “self-employed person”. (Indeed, in general professional athletes in Canada are considered to be employees.)

 

 

 

Knowledge Check 6.1: Startup Business Class

 

QUESTION: True or false: As long as a business incubator/angel investor/venture capital fund has the ability to assess the potential for and assist in the success of start-up business opportunities in Canada, and continue to meet these conditions, it can qualify as a designated entity.?

False

Under subsection 98.03(2) of the IRPR, the entity must also be “recognized for its expertise in assessing the potential for and assisting in the success of start-up business opportunities in Canada.”

 

 

QUESTION: Your client, Ingrid Hurrier, wants to apply for the Start-Up Business Class. Her business meets the requirement under this class. However, she is concerned about the amount of settlement funds she requires. She has a big family. Ingrid and her wife have 4 kids of their own and 4 adopted children. She has $50,000.00. Does she have sufficient settlement funds for the Start-up Business Class?

Yes

 

Ingrid has 10 family members (including herself), which means she requires $47,525 ($36,407 +  3 x $3,706). Figure valid as of 28 May 2024.

 

QUESTION: True or false. An angel investor, business incubator or venture capital fund may be designated by the Minister of Immigration, Refugees and Citizenship if they either are recognized for their expertise in assessing the potential for and assisting in the success of start-ups in Canada, or have the ability to assess the potential for and assist in the success of start-ups in Canada.

False

 

Designated entities must both be recognized and have the ability to assess the potential for and assist in the success of start-ups in Canada. The requirement is conjunctive, not disjunctive.

 

QUESTION: Your client, Jogen Torbjorn has a mild learning disability that resulted in him repeating grades 7, 8, and 12. He graduated high school at 21 years old. With help from family, peers, and professors and other learning support workers, Jogen finished his 3-year college program. After graduation, he found that he had a talent for wood carving, which prompted him to initiate a Kickstarter project online. After just 2 years, he has been successful in his projects and now he’s a famous self-made wood carver with clients all around the world.

How many points would Jogen receive for his education? Answer 22

Based on the information provided, Jogen would likely receive 22 points for his education under the Express Entry Comprehensive Ranking System (CRS) for Canadian immigration. The reason is that he completed a 3-year college program, which typically qualifies for 22 points in the education section of the CRS​​.

He would receive 22 points under subparagraph 102.2(2)(e)(i) of the IRPR. He has a three-year post-secondary educational credential, other than a university educational credential and at least 15 years of full-time studies.

 

 

QUESTION: Sergey Preobrazhensky was a professional soccer player in Russia for two years. He suffered an injury in 2015, which caused him to stop playing. In March 2018, he officially retired from playing and became a coach. However, less than one year later, in February 2019, he quit coaching and decided to stay at home full-time with his children while his wife pursues her career.

Does Sergey meet the “relevant experience” requirement to apply under the Self-Employed Persons Class if he applies in April 2021? Answer is No

To meet the “relevant experience” requirement under the Self-Employed Persons Class, an applicant must have at least two years of experience in cultural activities or athletics within the period starting five years before the application date and ending on the date a decision is made on the application.

Since Sergey is applying in April 2021, the relevant period for his experience would be from April 2016 to April 2021. His professional soccer career ended in 2015, and he stopped coaching in February 2019. Therefore, he does not have two years of experience in cultural activities or athletics within the relevant five-year period before his application.

Thus, Sergey does not meet the “relevant experience” requirement to apply under the Self-Employed Persons Class in April 2021.

From the facts given, Sergey has less than 1 year of experience as a soccer coach within the last five years prior to the application and no experience as a player.

 

 

QUESTION: Your client, Mr. Michael C. Hammer, wants to buy a farm in Ontario to grow hot peppers. He plans on marketing his peppers under the slogan, “You can’t touch this (hot pepper)!” He has 4 years of experience as a pepper farmer in his native Illinois. Can he apply under the Self-Employed Persons Class?

Based on the ministerial instructions issued in March 2018, IRCC is no longer accepting applications to the Self-Employed Persons Class under the farm management stream. Therefore, Mr. Michael C. Hammer would not be able to apply under this class, despite his relevant experience and intention to become self-employed in Canada.

So, the correct answer is no, he cannot apply under the Self-Employed Persons Class.

Based on ministerial instructions issued in March 2018, IRCC is no longer accepting applications to the Self-Employed Persons Class under the farm management stream.

 

 

 

QUESTION: Your client, Ernesto Cruz, is a pop star from Mexico who wishes to come to Vancouver to live with the family of his sister, who is a Canadian permanent resident. Mr. Cruz is 35 years old. He has a secondary school diploma, as well as a bachelor’s degree in music. His results on an approved language test – the International English Language Testing System (IELTS) – were: 6.5 for reading and writing; 8.5 for listening; and 7.5 for speaking.

Mr. Cruz has not released a hit record in 10 years and has not gone on a tour in 8. He continues, however, to earn money from royalties and from sponsored appearances for photos in nightclubs. These sources of funds are enough to earn him an annual income of 1,020,632 Mexican Pesos (approximately $64,000). However, he no longer performs or writes music and doesn’t wish to do so when he moves to Canada.

Is it likely that Mr. Cruz meet the criteria for being a “self-employed person” as defined in the regulations?

No, it is unlikely that Mr. Cruz meets the criteria for being a “self-employed person” as defined in the regulations.

The Self-Employed Persons Class requires applicants to have relevant experience in cultural activities or athletics and the intention and ability to make a significant contribution to cultural or athletic life in Canada. Relevant experience is defined as at least two years of experience in self-employment in cultural activities or athletics or participation at a world-class level in cultural activities or athletics within the five years before the application is submitted.

Mr. Cruz has not released a hit record in 10 years and has not gone on tour in 8 years. Although he continues to earn money from royalties and sponsored appearances, he no longer performs or writes music and does not wish to do so when he moves to Canada. This indicates that he does not have the recent relevant experience or the intention to actively engage in cultural activities in Canada, which is necessary to qualify under the Self-Employed Persons Class.

QUESTION: Therefore, based on the provided information, it is unlikely that Mr. Cruz would meet the criteria for being a “self-employed person” as defined in the regulations.

This is not a clear case, but the justification for saying no is that he no longer writes or performs music. Even if he had “relevant experience” (which is not obvious, as it appears he has not written or performed music in recent years), he does not appear to have the “intent” to become a self-employed musician in Canada.

This line of reasoning may be further supported by looking at the National Occupational Classification matrix unit code for “Musicians and singers” (51122). The main duty listed for “singers” is to “[s]ing musical arrangements as soloists or as members of vocal groups before audiences or for recording purposes.”

He no longer does that. Finally, it can be questioned whether Mr. Cruz’s largely passive involvement in music and entertainment sets him up to make a “significant contribution” to cultural activities in Canada.

 

 

QUESTION: Your client, Shen Zhou, is a tenor from China who wishes to move to Prince Edward Island to start his opera career. Mr. Zhou is 29 years old. He graduated from a music high school in China, and obtained a double degree in music and teaching at a top Chinese university. His results on an approved language test – the International English Language Testing System (IELTS) – were: 7 for reading and writing; 7.5 for listening; and 7 for speaking.

Mr. Zhou has performed at least ten shows per year for the past 6 years. He earns an annual income of 611,000 RMB from all the performances (approximately $120,000 CAD). Mr. Zhou did not manage to save much of his income as he needed to take care of his elderly grandparents as he is the only unmarried child in his whole family. He has $30,000 in settlement funds.

Does Mr. Zhou likely meet the criteria for being a “self-employed person” as defined in the regulations?

Mr. Zhou is likely able to meet the criteria. He has been performing in the last 6 years, which satisfies “relevant experience”. He also has the intention of becoming a self-employed musician in Canada. Under NOC unit code 51122 for “musicians and singers”, the main duty is to “sing musical arrangements as soloists or as members of vocal groups before audiences or for recording purposes”.

Yes, Mr. Shen Zhou likely meets the criteria for being a “self-employed person” as defined in the regulations for the Self-Employed Persons Class.

 

Here’s why:

Relevant Experience: Mr. Zhou has performed at least ten shows per year for the past six years. This continuous and recent experience in performing arts qualifies as relevant experience in cultural activities, which is required for the Self-Employed Persons Class.

Intention and Ability to be Self-Employed in Canada: Mr. Zhou’s plan to move to Prince Edward Island to start his opera career demonstrates his intention to be self-employed in Canada. His extensive experience and success in performances indicate he has the ability to be self-employed in his field.

Financial Stability: Although Mr. Zhou did not save much of his income, he has $30,000 in settlement funds. While the exact amount required for settlement funds may vary, having this amount indicates that he has some financial stability to support his initial settlement in Canada.

Educational Background: Mr. Zhou’s double degree in music and teaching from a top Chinese university further supports his qualifications and ability to contribute to the cultural life in Canada.

Language Proficiency: His IELTS scores (7 for reading and writing, 7.5 for listening, and 7 for speaking) indicate a good proficiency in English, which is beneficial for his integration and success in Canada.

Given these factors, it is likely that Mr. Zhou meets the criteria for being a “self-employed person” as defined in the regulations.

 

QUESTION: Which of the following occupations does not require professional accreditation for making the education credential assessment report?

The occupation that does not require professional accreditation for making the education credential assessment report is:

  1. d) A programmer

 

QUESTION:  The Governor in Council has the authority to establish minimum language proficiency thresholds under s 74(1) of the Immigration and Refugee Protection Regulations.

The Governor in Council does not have the authority to establish minimum language proficiency thresholds under section 74(1) of the Immigration and Refugee Protection Regulations (IRPR).

Therefore, the correct answer is:

  1. b) False

 

 

QUESTION:  Deaf applicants cannot fulfill the testing requirement for listening skills. For that reason they cannot apply under the Economic Class.

The statement that deaf applicants cannot fulfill the testing requirement for listening skills and, therefore, cannot apply under the Economic Class is false.

Deaf applicants can apply for exemptions or accommodations for the listening component of language tests under certain circumstances. The Canadian immigration system allows for alternative arrangements to accommodate individuals with disabilities to ensure fair and equal access to immigration opportunities.

So, the correct answer is:

  1. b) False

 

QUESTION:  A client made an application to the Federal Skilled Worker Class on September 1, 2022. As part of their application, they submitted their foreign education credential plus an equivalency assessment, which was dated June 1, 2018. Does this assessment meet the requirements of the Regulations?

Yes. An educational credential assessment report is the gold standard for proof of foreign credentials. An officer may reject it, but their decision will be unreasonable.

The correct answer is:

 

  1. d) Yes. The report must be less than 5 years old, which is satisfied here.

 

An educational credential assessment (ECA) report must be less than five years old at the time of application submission to meet the requirements for the Federal Skilled Worker Class. Since the assessment was dated June 1, 2018, and the application was made on September 1, 2022, the assessment is within the five-year validity period .

 

QUESTION:  Your client received their results from their International English Language Testing System (IELTS) language test on June 10, 2021. They created an Express Entry profile on June 30, 2021 but did not receive an invitation to apply within the next year. They created a new profile on August 30, 2022, which they updated on April 15, 2023 upon completing their bachelor’s degree. They then received an invitation to apply under the Federal Skilled Worker Class on May 15, 2023. It is now June 13, 2023.

Can they rely on their IELTS language test scores from 2021? Please refer to the relevant section of the IRPR in giving your answer.

The correct answer is:

  1. b) No. The language test results submitted with an application under the Federal Skilled Worker Class must be no more than two years old: IRPR, s 75(2)(d).

According to section 75(2)(d) of the Immigration and Refugee Protection Regulations (IRPR), the language test results must be no more than two years old at the time of application submission . Since the client’s IELTS test results are from June 10, 2021, and it is now June 13, 2023, the test results are more than two years old and therefore not valid for the application.

 

 

 

Knowledge Check 5.6: The Atlantic Immigration Program

 

 

 

 

 

 

 

QUESTION: A Nova Scotia employer wishes to become designated. Which of the following is/are not required in their application form?

Answer : The designated officer’s home address

 

 

 

QUESTION: Your client, John Bradshaw is an owner-operator of his company in Nova Scotia. He wants to become a designated employer in order to bring in talent from Europe, specifically Italy. Due to the nature of his company, all services can be provided remotely to its customers/clients, and therefore, John’s company has been set up from his home office. John’s company has had a minimum of $300,000 in revenue for the past two taxation years. He is willing to support the costs of settlement services for employees brought in through the program. Can John’s company become a designated employer? Please write out your answer, including a reference to the relevant authority.

John’s company cannot become a designated company because home-based businesses and businesses located in residential homes may not be eligible for designation. b) No

 

 

 

QUESTION: For a Nova Scotia employer to be a designated employer, which of the following is not a requirement? (Choose all that apply).

  1. a) The employer must be in good standing with employment standards and occupational health and safety legislation
  2. d) The employer must have a minimum of $300,000 in revenue for the past two taxation years

The employer needs to be in continuous, active operation for two years in the Atlantic region OR has approved corporate plans to relocate to Nova Scotia, so B is not necessarily correct. There is also no requirement about the employer’s minimum revenue, so D is incorrect.

 

QUESTION: True or false: If a candidate has been residing in the Province for more than 16 months, they are not required to submit a settlement plan as part of the Provincial Endorsement application.

All applicants must provide a settlement plan even if they are already living in the Province. As per the NS endorsement guidelines: “Applications that do not include a settlement plan completed by an approved immigrant settlement service provider organization will not be processed. Furthermore, the provincial government monitors employer commitments and failure to support access to settlement services as per the settlement plan may result in de-designation.”

 

 

QUESTION: True or false: The total number of prospective permanent residents admitted under the Atlantic Immigration Pilot Programs is 2,000 every year.

Instructions issued under section 87.3 of the IRPA cap the number of applications accepted under the program each year at 2,000, but because many applications will include a principal applicant and accompanying family members, the number of prospective permanent residents admitted will always be higher than 2,000.] False

 

 

QUESTION: A Nova Scotia employer wishes to become designated. Which of the following is/are not required in their application form?

Answer : The designated officer’s home address

 

 

 

QUESTION: Your client, John Bradshaw is an owner-operator of his company in Nova Scotia. He wants to become a designated employer in order to bring in talent from Europe, specifically Italy. Due to the nature of his company, all services can be provided remotely to its customers/clients, and therefore, John’s company has been set up from his home office. John’s company has had a minimum of $300,000 in revenue for the past two taxation years. He is willing to support the costs of settlement services for employees brought in through the program. Can John’s company become a designated employer? Please write out your answer, including a reference to the relevant authority.

John’s company cannot become a designated company because home-based businesses and businesses located in residential homes may not be eligible for designation. b) No