The law says
IRPR r. 105(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.
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.
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.
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.
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.
Amendment History (1)
- SOR/2004-167, s. 39; SOR/2014-140, s. 5
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