An application is refused when a program condition is not met. It is rejected when its truthfulness or integrity is in question. In both cases the Ministry writes to you first and gives you time to reply. Here are the common grounds, how to answer them and the remedies available.
Refusal or rejection: a distinction that matters
The Ministry’s vocabulary is not interchangeable. A refusal targets a file that does not show the program conditions are met. A rejection targets a file whose reliability is in doubt. The two decisions have neither the same causes nor the same consequences.
| Item | Refusal | Rejection |
|---|---|---|
| Nature | A program condition is not demonstrated | The truthfulness or integrity of the file is in question |
| Examples | Insufficient net worth, experience not established, non-compliant project | Doubt about authenticity, false or misleading document, failure to attend the interview |
| Prior step | Notice of intent to refuse | Notice of intent to reject |
| Deadline to reply | Stated in the letter (60 calendar days under the Self-Employed Worker Program) | Stated in the letter (60 calendar days under the Self-Employed Worker Program) |
| Remedy | Administrative review within 90 days | Administrative review within 90 days |
| Effect on the future | A better-prepared new application remains possible | Examination may be refused for five years where false information was given |
The notice of intent: your last window to fix the file
Before deciding, the Ministry sends you a letter setting out the grounds. Under the Self-Employed Worker Program, the assessment sheet for the file is attached to it. The procedures guide then allows 60 calendar days to submit your observations and documents.
The pages on the examination of the application, for their part, simply refer to the “required time”. So read the letter itself and note the deadline as soon as it arrives. Without a reply in time, the application is refused or rejected.
Do not confuse this notice with the “notice of intent” in stream 2, Business start-up profile. That one is favourable: it allows you to apply for a federal work permit before the business starts operating.
How to answer a notice of intent
Take each ground in turn
Deal with the grounds one by one, in the order of the letter.
A ground left unanswered is treated as established.
Answer with evidence
Each ground calls for a document, not a bare assertion.
An explanation without supporting material gives the Ministry nothing new.
Explain inconsistencies
An apparent inconsistency should be explained rather than passed over.
Silence on a sensitive point feeds the doubt about the file’s integrity.
Check, then send
Make sure the reply matches the narrative document and the forms already filed.
Send it in the format and within the time required by the letter.
Grounds relating to net worth and experience
Net worth remains a central point of examination. The Ministry pays particular attention to its lawful origin and accumulation. A sufficient amount is worth nothing if it cannot be traced.
- Funds whose source is not documented.
- Gifts received in the six months before the application, which are excluded from the calculation.
- Omitted debts, which inflate the declared net worth.
- An included spouse who does not show the lawful origin of their own assets.
That last point deserves attention. The spouse must prove the lawfulness of their net worth, even where those assets are not used to reach the required threshold.
Experience raises a similar challenge. Two years of experience in the five years before the application are required, on your own account or in management depending on the program. A job title proves nothing without evidence of the role actually performed.
Grounds relating to the project and the sector
The project must fit the framework of the chosen stream. In stream 2, start-up or operating expenses must reach $300,000 in the Communauté métropolitaine de Montréal, or $150,000 elsewhere in Quebec. The holding in the capital must be at least 25 %.
Certain sectors are also excluded:
- Payday loans, cheque cashing and pawnbroking.
- The pornography or sex industry.
- Real estate sales, rental, brokerage, development or land development.
For a self-employed worker, a regulated profession requires an authorization to practise or an equivalence no more than five years old. A vague project, with no identified market and no credible budget, also weakens the file: that is the whole point of the narrative document.
French: an eliminatory condition
French is not one criterion among others. Level 7 in oral French on the Quebec scale of French language proficiency is required, with proof, even for someone who is a native French speaker.
An expired result, or one issued by a body that is not recognized, will not be accepted. We set out the accepted tests and how long their results stay valid in our piece on the French test.
Grounds relating to the integrity of the file
Grounds for rejection are more serious. According to the stream 2 page on the examination of the application, they include:
- Doubt about the authenticity of statements or documents.
- False or misleading information or documents.
- The absence of convincing evidence within the time set.
- Failure to attend the interview.
The consequences go beyond the current application. The Ministry may refuse to examine the application of a person who gave false information five years ago or less. It may also cancel a decision obtained with a false or misleading document.
An incomplete file follows a different logic: an incomplete application is returned without being processed. As for fees, they are not refundable, even where the application is refused.
Administrative review: a tightly framed remedy
Administrative review allows you to contest a refusal or a rejection. The request must be received within 90 calendar days of the decision, on the official form and by mail.
The admissible grounds are limited:
- You were unable, for reasons considered sufficient, to be heard.
- A substantive or procedural defect invalidates the decision.
- A new fact, existing at the time of the decision, could not be provided for reasons beyond your control.
A review is not a second chance to complete the file. Only documents bearing on facts that existed at the time of the decision are considered. A refusal based on knowledge of French is excluded, except for a rejection for a missing document.
One last trap deserves attention: filing a new application in the same stream immediately closes any review under way. The choice between the two routes therefore has to be made before acting.
Exemption: an exceptional route
Where the conditions are not met, the Ministry may examine the elements submitted by way of exemption. That power is exceptional and falls within the minister’s prerogative.
The procedures guide looks for an exceptional profile or expertise that is unique for Quebec. The lawful origin of net worth cannot be set aside by this route. An exemption is therefore no substitute for a well-built file, and it would be unwise to base a strategy on that possibility alone.
How MEKA AVOCAT works on this
Our firm works where business law and business immigration meet. We check the consistency between the narrative document, the corporate evidence and the project. Registers, minute books, agreements and financial statements all have to tell the same story.
When a notice of intent arrives, we go through each ground and build a documented reply within the time allowed. For net worth and tax questions, we coordinate the work with our accounting and tax partners.
We will tell you plainly if a file is weak. It is sometimes better to rework it, or to drop it, than to file an application headed for refusal. The Ministry also states that using a representative does not give any priority in processing.
Texts and sources
This article draws on the official pages of Quebec’s ministry of immigration, francization and integration: the examination of the application under the Self-Employed Worker Program and under stream 2, administrative review, the conditions of stream 2 and of the Self-Employed Worker Program, the “Submit an application” pages for stream 2 and for the Investor Program, and the guide to drafting the narrative document. It also draws on the immigration procedures guide, in its chapters on exemption powers and on the Self-Employed Worker Program.
Frequently asked questions
Can I file a new application after a refusal?
Yes, but a new application in the same stream closes any review under way. Correct the weaknesses the Ministry identified first.
How long do I have to answer a notice of intent?
The deadline is in the letter. The procedures guide for the Self-Employed Worker Program provides for 60 calendar days.
Can I add new documents on administrative review?
Only if they bear on facts that existed at the time of the decision. A review is not a way to update the file.
Is missing the interview serious?
Yes. Failure to attend the interview is one of the grounds for rejection set out by the Ministry.
Are fees refunded if the application is refused?
No. Fees are not refundable, and an incomplete application is returned without being processed.
Have you received a notice of intent to refuse or reject?
The deadline runs from the day the letter arrives and it is not negotiable. A meeting lets us go through each ground, assess what can be documented and decide between a reply, a review or a new application.
Further reading: net worth and its lawful origin, the narrative document and the business plan, and the French test.
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Lawyer, member of the Barreau du Québec since 2014, founder of MEKA AVOCAT. This text sets out general legal information: it describes rules that apply broadly, not the answer to a particular case, and does not replace advice on your own situation.
