Foreign nationals who were already assessed under the old system and received the required number of units before the new Act came into force are treated as having met the new system's points threshold. The equivalent class under the new Act depends on which category they were assessed under, skilled worker, investor, entrepreneur, or self-employed.
(2)Subsection (1) applies in respect of a foreign national who submitted an application under the former Regulations, as one of the following, for an immigrant visa that is pending immediately before the day on which this section comes into force: (a)a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of the former Regulations; (b)an investor; or (c)an entrepreneur.
(3)During the period beginning on the day on which this section comes into force and ending on March 31, 2003, units of assessment shall be awarded to a foreign national, in accordance with the former Regulations, if the foreign national is an immigrant who, (a)is referred to in subsection 8(1) of those Regulations, other than a provincial nominee, and (b)before January 1, 2002, made an application for an immigrant visa under those Regulations that is still pending on the day on which this section comes into force and has not, before that day, been awarded units of assessment under those Regulations.
(4)Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the federal skilled worker class, (a)be awarded at least the minimum number of units of assessment required by those Regulations for a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations; or (b)meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.
(5)Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an investor and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the investor class, (a)be determined to be an investor within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for an investor; or (b)be an investor within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.
(5.1)Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an entrepreneur and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the entrepreneur class, (a)be determined to be an entrepreneur within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for an entrepreneur; or (b)be an entrepreneur within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.
(5.2)Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a self-employed person and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the self-employed persons class, (a)be determined to be a self-employed person within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for a self-employed person; or (b)be a self-employed person within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.
(6)If, before the day on which this section comes into force, a foreign national who was a provincial nominee submitted an application for a permanent resident visa under the former Regulations that is pending immediately before that day, the foreign national shall be assessed, and units of assessment shall be awarded to them, in accordance with those Regulations.