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Immigration and Refugee Protection Regulations

Version of section 105 from 2014-05-29 to 2022-11-16:


Marginal note:Self-employed person

  •  (1) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 6 points for adaptability on the basis of any combination of the following elements:

    • (a) for the educational credentials of the member’s accompanying spouse or common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

    • (b) for any previous period of study in Canada by the member or their spouse or common-law partner, 5 points;

    • (c) for any previous period of work in Canada by the member or their spouse or common-law partner, 5 points; and

    • (d) for being related to, or for having an accompanying spouse or accompanying common-law partner who is related to, a person living in Canada who is described in subsection (5), 5 points.

  • Marginal note:Educational credentials of spouse or common-law partner

    (2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of the accompanying spouse or accompanying common-law partner of the member of the self-employed persons class as if the spouse or common-law partner were the member, and shall award points to the member as follows:

    • (a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

    • (b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

    • (c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

  • Marginal note:Previous study in Canada

    (3) For the purposes of paragraph (1)(b), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner, on or after their 17th birthday, completed a program of full-time study of at least two years’ duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.

  • Marginal note:Previous work in Canada

    (4) For the purpose of paragraph (1)(c), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner engaged in at least one year of full-time work in Canada under a work permit.

  • Marginal note:Family relationships in Canada

    (5) For the purposes of paragraph (1)(d), a member of the self-employed persons class shall be awarded 5 points if

    • (a) the member or their accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is

      • (i) their father or mother,

      • (ii) the father or mother of their father or mother,

      • (iii) their child,

      • (iv) a child of their child,

      • (v) a child of their father or mother,

      • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

      • (vii) a child of the child of their father or mother; or

    • (b) the member has a spouse or common-law partner who is not accompanying them and is a Canadian citizen or permanent resident living in Canada.

  • SOR/2004-167, s. 39
  • SOR/2014-140, s. 5
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