Dear Mr Brown:

I am an aspiring musician and artist. However, things are not really going well with me right now as tourism, entertainment and events are not happening due to COVID-19. I would like to know if musicians and performers can migrate to Canada?

— AS

Dear AS:

It is possible for you to obtain Canadian permanent resident status as a self-employed person.

Definition of self-employed person

Canada’s federal programme for self-employed individuals allows people with experience in athletics or arts and culture to apply for Canadian permanent residence.

Under the Self-Employed Class, an applicant must satisfy the definition of ‘self-employed’. The self-employed applicant is one who:

1. Has relevant experience.

2. Has the intention and ability to be self–employed in Canada.

3. Meet the selection criteria; and

4. Meet medical, security and other conditions.

The definition of a self-employed person raises two important things: the ability of the applicant to establish the intended business in Canada; and the likelihood of this business making a significant contribution to the economy of Canada.

It is important to note that the meaning of the term ‘significant contribution’ is subjective and meant to bar frivolous applications.

1. Relevant experience

Your experience is relevant if you have taken part in cultural activities or athletics at a world-class level or have been a self-employed person in cultural activities or athletics.

The relevant experience must equate to at least two years, within a five-year span before the date of the application for a permanent resident visa.

For cultural activities, one must demonstrate two one-year periods of experience in self-employment, two one-year periods of experience participating at a world-class level, or a combination of a one-year period for self-employment and world-class experience.

Cultural activities may include working as music teachers, painters, illustrators, film-makers, freelance journalists, choreographers, set designers, coaches, and trainers. Management experience in art and culture includes roles as theatrical or musical director and impresarios.

The term ‘world-class’ refers to individuals known internationally or who have performed at the highest levels in their area.

For athletics, one must demonstrate two one-year periods of experience in self-employment, two one-year periods of experience participating at a world-class level, or a combination of a one-year period for self-employment and world-class experience.

Previous self-employment is not a prerequisite for admission as a self-employed person. However, although direct experience in operating a business is not a prerequisite, it may be considered, in conjunction with other aspects of an application. It must also be considered in light of the occupation one is seeking in Canada.

2. Intention and ability

The self-employed applicant must demonstrate the intent and ability to establish a business that will, at a minimum, create employment for himself, and that will make a significant contribution to the Canadian economy. Most applicants are selected or refused because they meet, or fail to satisfy, the definition of self-employment.

3. Selection criteria

If an applicant meets the definition of a self-employed person, a points-based system assessment will follow. Under this system, an applicant requires 35 units of a possible 100, to be successful. Points are given for the following factors: Years of experience, age, education, English (and/or French) language proficiency, and adaptability.

4. Medical, security checks and other requirements

You and your family members must have a medical examination and obtain police certificates. You must also show that you have enough money to support yourself and your family after you get to Canada.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including express entry, the study & work programme, visas or appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.