immlaw@akahlon.ca | +1 (647) 450-0000
Self-employed Person-Cultural Activities or Athletics

Self-employed Person-Cultural Activities or Athletics

At Kahlon Law Office, we help talented individuals in cultural and athletic fields navigate the complexities of immigration under Canada’s Self-Employed Persons Program. This program offers a unique pathway to permanent residency for individuals who have significant experience and can contribute meaningfully to Canada’s cultural or athletic landscape.

Who qualifies as a Self-Employed person?

To qualify, applicants must meet the following criteria:

  • Relevant Experience: At least two years of experience in the last five years as either:
    • A self-employed professional in cultural or athletic activities, or
    • A participant at a world-class level in cultural or athletic activities.
  • Intent and Ability: A demonstrated ability to continue self-employment in Canada and make a significant contribution to the country’s cultural or athletic sectors.
  • Selection Factors: Applicants are evaluated based on age, education, language proficiency, adaptability, and experience under a points-based system (minimum 35 points required).
  • Financial Stability: While there is no specific net worth requirement, applicants must prove they have sufficient funds to establish themselves in Canada.

What are considered cultural and athletic professions?

The program includes a wide range of cultural and artistic professions, such as:

  • Writers and authors
  •  Musicians, composers, and singers
  •  Painters, sculptors, and other visual artists
  •  Dancers, choreographers, and actors
  •  Filmmakers, directors, and technical crew in performing arts
  •  Designers, including interior, fashion, and graphic designers
  •  Craftspeople and artisans

Similarly, eligible athletic professionals include:

  •  Professional athletes
  •  Coaches and trainers
  •  Referees and sports officials
  •  Organizers of sports events

How can you prove your eligibility for the Self-Employed Persons program?

A strong application must include documented proof of self-employment or world-class participation, such as:

  •  Contracts, invoices, tax records, and financial statements
  •  Awards, recognitions, and media coverage
  •  Professional memberships and industry endorsements
  •  Business plans outlining future self-employment in Canada

What are the legal considerations and recent case laws?

While the program is a great opportunity, applicants must clearly establish their qualifications. Courts have previously ruled on key aspects:

  • In Ding v. Canada (2010 FC 764), the Federal Court clarified that “cultural activities” under the program must be artistic in nature, rejecting a claim related to Chinese therapeutic massage.
  • In Tollerene v. Canada (2015 FC 538), it was decided that poker players do not qualify as athletes under this program.
  • In Zhang v. Canada (2019 FC 764), the court held that coaching experience does qualify as experience in athletics, even if the applicant was not an active athlete during the relevant period.

These rulings highlight the importance of clear documentation and legal expertise in presenting a successful case.

Why work with Kahlon Law Office?

  • Experienced Legal Guidance: We help craft a compelling application to maximize approval chances.
  • Comprehensive Documentation Support: We ensure you meet all eligibility and evidentiary requirements.
  • Up-to-Date Legal Knowledge: We stay informed about the latest policy changes and case law to strengthen your case.

If you are a self-employed professional in cultural or athletic fields, now is the time to explore your options. While the program is currently paused (as of April 2024) due to a backlog, it is expected to reopen in the future. Preparation is key, and at Kahlon Law Office, we are ready to guide you every step of the way. Contact us today for a consultation and take the first step towards making Canada your new home.

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Phone: +1 (647) 450-0000

Email: immlaw@akahlon.ca

Address: 200-1B Conestoga Drive, Brampton, Ontario L6Z 4N5, Canada.

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