Self-Employed Job Offers and Express Entry

IRCC has stopped job offer points under the Express Entry system. However, the following article could help us understand self-employed work through the IRCC lens.

Lena, a skilled graphic designer from France, dreamed of moving to Canada. To boost her Express Entry profile, she established a business in Toronto and planned to offer herself a full-time job. However, when she consulted an immigration expert, she learned that self-employed individuals do not qualify for arranged employment points under Express Entry. This revelation regarding self-employed job offers changed her entire strategy.

Understanding the IRCC Guidance on Self-Employed Job Offers

A self-employed job offer cannot be used to claim arranged employment points under the Federal Skilled Worker (FSW) program. The Immigration, Refugees and Citizenship Canada (IRCC) internal functional guidance issued in June 2024 clarifies why self-employed individuals, including co-owners of businesses, are ineligible. While the memo is for FSW, it could also be extended to other immigration options under the Express Entry system.

This policy was brought to wider public attention by immigration lawyer Steven Meurrens, who shared the internal memo on LinkedIn in February 2025. In his post, Meurrens highlighted the key takeaway that co-owners are considered shareholders and directors, not employers and employees, reinforcing that arranged employment points should benefit workers integrating into the labour market rather than business owners. Below is the internal memo outlining this policy.

Why Self-Employed Individuals Cannot Claim Arranged Employment Points

The IRCC guidance outlines key reasons why business owners and co-owners cannot use their own businesses to issue valid job offers:

• No Employer-Employee Relationship – A business owner cannot ‘elect’ to employ themselves or their co-owners.
• Co-owners Are Not Employers of Each Other – Co-owners are shareholders and directors, not employers and employees.
• Intent of Arranged Employment – Arranged employment aims to integrate workers into the Canadian labour market, not to support business ownership.

Key Takeaways from the Internal Memo

The IRCC memo explicitly states:

• A valid job offer must come from a third-party employer with the authority to hire and dismiss an employee.
• The applicant must be able to perform the duties of the job.
• Business ownership alone does not demonstrate labour market integration.

How This Affects Express Entry Applicants

If you are self-employed and looking to immigrate through Express Entry, consider these options:

1. Secure a Job Offer from an Independent Employer

• Find a Canadian employer willing to sponsor you.
• Ensure the employer meets IRCC’s requirements for a valid job offer.

2. Explore Other Immigration Pathways

• Consider the Start-Up Visa program. 
• Look into Provincial Nominee Programs (PNPs) that support entrepreneurs.

3. Adjust Your Immigration Strategy

• If you own a business, focus on other factors that improve your Express Entry Comprehensive Ranking System (CRS) score, such as education, work experience, or language skills.

What If You Are Already in the Express Entry Pool with a Self-Employed Job Offer?

Many applicants who have already submitted their Express Entry profiles with a self-employed job offer may now face uncertainty. Here’s what they need to know:

1. If You Have Already Received an Invitation to Apply (ITA) or Submitted Your Application

• You must act quickly to address the issue before IRCC processes your application.
• The best course of action is to submit a Humanitarian and Compassionate (H&C) application alongside your Express Entry file.
• A regulated immigration consultant or lawyer can help you craft a strong case to mitigate the impact of this misinterpretation.
• Failing to address this could result in application refusal due to invalidity of the job offer.

2. If You Have Not Yet Been Invited to Apply

• You are at significant risk of refusal if you continue to rely on your self-employed job offer.
• Consider removing or adjusting the job offer component in your profile before receiving an ITA.
• Explore alternative ways to improve your Comprehensive Ranking System (CRS) score, such as securing a valid job offer from a third-party employer, improving language test scores, or obtaining a provincial nomination.
• Seeking professional immigration advice is highly recommended to avoid potential complications.

Final Thoughts

IRCC’s position is clear: self-employed individuals cannot use their businesses to obtain arranged employment points under Express Entry. If you are self-employed and looking to immigrate, consider alternative pathways or seek a job offer from a legitimate Canadian employer.

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