Immigration and Refugee Protection Regulations

Marginal note:Application for visa

• 108 (1) Subject to subsection (5), if a foreign national makes an application as a member of the investor class, the entrepreneur class or the self-employed persons class for a permanent resident visa, an officer shall issue the visa to the foreign national and their accompanying family members if

  • (a) the foreign national and their family members, whether accompanying or not, are not inadmissible and meet the requirements of the Act and these Regulations;

  • (b) where the foreign national and their accompanying family members intend to reside in a place in Canada other than a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is awarded the minimum number of points referred to in subsection (2), (3) or (4), as the case may be, and, if they are a member of the investor class, they have made an investment; and

  • (c) where the foreign national and their accompanying family members intend to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is named in a selection certificate issued by that province and, if the foreign national is a member of the investor class, they have made an investment.

• Marginal note:Minimum points — investors

  (2) The Minister shall fix and make available to the public the minimum number of points required of an investor, on the basis of

  • (a) the number of applications made by members of the investor class currently being processed;

  • (b) the number of investors projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

  • (c) the potential, taking into account economic and other relevant factors, for the establishment of investors in Canada.

• Marginal note:Minimum points — entrepreneurs

  (3) The Minister shall fix and make available to the public the minimum number of points required of an entrepreneur, on the basis of

  • (a) the number of applications by members of the entrepreneur class currently being processed;

  • (b) the number of entrepreneurs projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

  • (c) the potential, taking into account economic and other relevant factors, for the establishment of entrepreneurs in Canada.

• Marginal note:Minimum points — self-employed persons

  (4) The Minister shall fix and make available to the public the minimum number of points required of a self-employed person, on the basis of

  • (a) the number of applications by members of the self-employed persons class currently being processed;

  • (b) the number of self-employed persons projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

  • (c) the potential, taking into account economic and other relevant factors, for the establishment of self-employed persons in Canada.

• Marginal note:Federal-provincial agreement

  (5) A permanent resident visa shall not be issued to an investor selected by a province, or to that investor's accompanying family members, if the Minister is engaged in consultations with the province in respect of the interpretation or implementation of the agreement, referred to in subsection 9(1) of the Act and entered into under subsection 8(1) of the Act, between the province and the Minister in respect of the selection of investors and the consultations have not been successfully completed.