Immigration and Refugee Protection Regulations (SOR/2002-227)

Atlantic Immigration Class

Marginal note:Class

• 87.3 (1) For the purposes of subsection 12(2) of the Act, the Atlantic immigration 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.

• Marginal note:Member of class

  (2) A foreign national is a member of the Atlantic immigration class if they

  • (a) are named in an endorsement certificate issued by the government of an Atlantic province — on or after the day on which this section comes into force — under an Atlantic immigration agreement between that province and the Minister, which must be valid on the date on which their application for a permanent resident visa is made and must not subsequently have been revoked;

  • (b) intend to reside in the Atlantic province that issued the endorsement certificate;

  • (c) meet either the work experience requirements set out in subsections (3) and (4) or the recent graduate requirements set out in subsection (5);

  • (d) have an offer of employment that meets the requirements set out in subsections (6) and (7);

  • (e) meet the educational requirements set out in subsection (9);

  • (f) have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must be less than two years old on the date on which their application for a permanent resident visa is made and must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas; and

  • (g) have — unless they are authorized to work and already working in Canada — in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one eighth of the amount identified, in the most recent edition of the publication concerning low-income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income that is necessary to support a group of persons equal in number to the total number of the applicant and their family members.

• Marginal note:Work experience

  (3) A foreign national meets the work experience requirements if

  • (a) they have acquired, within the five years before the date on which their application for a permanent resident visa is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in at least one of the occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2, 3 or 4 of the National Occupational Classification;

  • (b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and

  • (c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.

• Marginal note:Excluded work experience

  (4) For the purposes of paragraph (3)(a),

  • (a) any period of self-employment is not included in calculating a period of work experience; and

  • (b) any period of work acquired in Canada is not included in calculating a period of work experience, unless the foreign national was authorized to work and had temporary resident status during that period.

• Marginal note:Recent graduate

  (5) A foreign national meets the recent graduate requirements if they

  • (a) obtained, as a full-time student, within the two years before the date on which their application for a permanent resident visa is made, a post-secondary educational credential issued by an institution in an Atlantic province that is set out in the document entitled Recognized Post-Secondary Institutions – Atlantic Immigration Program, published by the Minister, as amended from time to time, on the completion of a program of study that was

    • (i) of at least two years in duration,

    • (ii) not devoted primarily to the study of English or French as a second language, and

    • (iii) undertaken primarily as in-person learning;

  • (b) were physically present in the Atlantic province for at least 16 months during the two years preceding the day on which that credential was issued;

  • (c) had temporary resident status for the entire period of study working toward the credential and any work or study completed during that period was authorized; and

  • (d) were not in receipt of a scholarship or fellowship that was conditional on their return to another country at the conclusion of their studies.

• Marginal note:Offer of employment

  (6) The offer of employment must meet the following requirements:

  • (a) it must be for continuous full-time work having a duration that is

    • (i) indeterminate, in the case of an offer for employment in an occupation that is listed in TEER Category 4 of the National Occupational Classification, or

    • (ii) of at least one year after the date on which a permanent resident visa is issued, in any other case;

  • (b) it must be for employment that the foreign national is able to perform and is likely to accept and carry out;

  • (c) it must be made by the employer named in the endorsement certificate, and that employer must not be referred to in any of subparagraphs 200(3)(h)(i) to (iii) or more than 50% owned or controlled, directly or indirectly, by the foreign national or their spouse or common-law partner; and

  • (d) it must be for employment in an occupation that

    • (i) is listed in TEER Category 0, 1, 2, 3 or 4 of the National Occupational Classification, in the case of a foreign national who meets the recent graduate requirements,

    • (ii) corresponds to unit group 33102 or 44101 of the National Occupational Classification, in the case of a foreign national who meets the work experience requirements set out in paragraph (3)(a) based on experience in an occupation that corresponds to unit group 31301 or 32101 of the National Occupational Classification, or

    • (iii) is listed in a TEER category in the National Occupational Classification that is at the same level or a higher level than the occupation in which most of the work experience relied on for the purpose of paragraph (3)(a) was acquired, in any other case.

  • (e) [Repealed, SOR/2022-220, s. 9]

• Marginal note:TEER category hierarchy

  (7) For the purposes of subparagraph (6)(d)(iii),

  • (a) TEER Category 0 in the National Occupational Classification is at a higher level than TEER Category 1;

  • (b) TEER Category 1 is at a higher level than TEER Categories 2 and 3;

  • (c) TEER Categories 2 and 3 are at the same level; and

  • (d) TEER Categories 2 and 3 are at a higher level than TEER Category 4.

• (8) [Repealed, SOR/2022-220, s. 9]

• Marginal note:Educational requirements

  (9) A foreign national meets the educational requirements if

  • (a) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 0 or 1 of the National Occupational Classification, they hold a post-secondary Canadian educational credential from a program of study of a duration of at least one year or a foreign diploma, certificate or credential supported by an equivalency assessment — which must be less than five years old on the date on which their application is made — establishing that the foreign diploma, certificate or credential is equivalent to such a Canadian educational credential; or

  • (b) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 2, 3 or 4 of the National Occupational Classification, they hold a Canadian educational credential or a foreign diploma, certificate or credential supported by an equivalency assessment, which must be less than five years old on the date on which their application is made.

DIVISION 2Business Immigrants

Interpretation

Marginal note:Definitions

• 88 (1) The definitions in this subsection apply in this Division.

  agent

  agent[Repealed, SOR/2016-316, s. 4]

  allocation period

  allocation period[Repealed, SOR/2016-316, s. 4]

  approved fund

  approved fund[Repealed, SOR/2016-316, s. 4]

  business experience

  business experience[Repealed, SOR/2016-316, s. 4]

  debt obligation

  debt obligation[Repealed, SOR/2016-316, s. 4]

  entrepreneur

  entrepreneur[Repealed, SOR/2016-316, s. 4]

  entrepreneur selected by a province

  entrepreneur selected by a province[Repealed, SOR/2016-316, s. 4]

  former Regulations

  former Regulations has the same meaning as in subsection 316(1). (ancient règlement)

  full-time job equivalent

  full-time job equivalent[Repealed, SOR/2016-316, s. 4]

  fund

  fund[Repealed, SOR/2016-316, s. 4]

  investment

  investment[Repealed, SOR/2016-316, s. 4]

  investor

  investor[Repealed, SOR/2016-316, s. 4]

  investor selected by a province

  investor selected by a province[Repealed, SOR/2016-316, s. 4]

  language skill area

  language skill area means speaking, oral comprehension, reading or writing. (habileté langagière)

  minimum net worth

  minimum net worth[Repealed, SOR/2016-316, s. 4]

  net assets

  net assets[Repealed, SOR/2016-316, s. 4]

  net income

  net income[Repealed, SOR/2016-316, s. 4]

  net worth

  net worth[Repealed, SOR/2016-316, s. 4]

  percentage of equity

  percentage of equity[Repealed, SOR/2016-316, s. 4]

  provincial allocation

  provincial allocation[Repealed, SOR/2016-316, s. 4]

  qualifying business

  qualifying business[Repealed, SOR/2016-316, s. 4]

  qualifying Canadian business

  qualifying Canadian business[Repealed, SOR/2016-316, s. 4]

  relevant experience

  relevant experience, in respect of

  • (a) a self-employed person, other than a self-employed person selected by a province, 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) 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; and

  • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (expérience utile)

  self-employed person

  self-employed person means 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. (travailleur autonome)

  self-employed person selected by a province

  self-employed person selected by a province[Repealed, SOR/2016-316, s. 4]

  specified economic activities

  specified economic activities, in respect of

  • (a) a self-employed person, other than a self-employed person selected by a province, means cultural activities, athletics or the purchase and management of a farm; and

  • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (activités économiques déterminées)

• (2) and (3) [Repealed, SOR/2016-316, s. 4]

General

Marginal note:Artificial transactions

89 For the purposes of this Division, an applicant in the self-employed persons class or an applicant in the start-up business class is not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions that were entered into primarily for the purpose of acquiring a status or privilege under the Act rather than

• (a) in the case of an applicant in the self-employed class, for the purpose of self-employment; and

• (b) in the case of an applicant in the start-up business class, for the purpose of engaging in the business activity for which a commitment referred to in paragraph 98.01(2)(a) was intended.

Marginal note:Permanent resident status

89.1 A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons class shall become a permanent resident if, following an examination, it is established that

• (a) the person who made the application has become a permanent resident; and

• (b) the foreign national is not inadmissible.