Options for my girlfriend

[Utmosteffort]

Hi everyone, I am posting on behalf of my girlfriend who is currently working at a wallpaper company for almost a year as a order desk clerk. She is French, and she is currently here with working holiday visa that expires next june. I have looked into the express PR entry as an option but her job (order desk clerk) is does not really classify as a class B job. I am curious on what options we have to get the PR ? The CEC option of the express entry states that she cannot be self employed. Apparently her employer put her down as a self employed worker although she is not... also since she does not have class B job it wont even matter anyways.

What option does she have ? I really want her to stay, but I dont think she is eligible for express entry. Is it necessary for her to find a new job that classifies as class B and will sponsor her for her new working visa until she files PR application?

... she does have a degree from France but I dont know if any of that matters without a work experience

Thanks for help! I really appreciate it

 

[scylla]

Hi everyone, I am posting on behalf of my girlfriend who is currently working at a wallpaper company for almost a year as a order desk clerk. She is French, and she is currently here with working holiday visa that expires next june. I have looked into the express PR entry as an option but her job (order desk clerk) is does not really classify as a class B job. I am curious on what options we have to get the PR ? The CEC option of the express entry states that she cannot be self employed. Apparently her employer put her down as a self employed worker although she is not... also since she does not have class B job it wont even matter anyways.

What option does she have ? I really want her to stay, but I dont think she is eligible for express entry. Is it necessary for her to find a new job that classifies as class B and will sponsor her for her new working visa until she files PR application?

... she does have a degree from France but I dont know if any of that matters without a work experience

Thanks for help! I really appreciate it

If she doesn't qualify for Express Entry then she won't qualify for CEC. Both require experience in NOC A, B or 0 roles (i.e. skilled roles). Both are also points-based programs and you need to have around 460 points to be selected.

The chances of finding an employer who is willing to obtain an LMIA and allow her to apply for a work permit are close to zero. Unfortunately it's extremely difficult to find employers willing to go throug this process.

Truthfully, if your relationship is really serious, the best option is for the two of your to either get married or live together for a year so that you can sponsor her for PR.

 

[Utmosteffort]

If she doesn't qualify for Express Entry then she won't qualify for CEC. Both require experience in NOC A, B or 0 roles (i.e. skilled roles). Both are also points-based programs and you need to have around 460 points to be selected.

The chances of finding an employer who is willing to obtain an LMIA and allow her to apply for a work permit are close to zero. Unfortunately it's extremely difficult to find employers willing to go throug this process.

Truthfully, if your relationship is really serious, the best option is for the two of your to either get married or live together for a year so that you can sponsor her for PR.

If she was to get a new job as admin assistant, do you think employers will be willing to provide LMIA?

Also why dont the employers like to file lmia?

 

[scylla]

If she was to get a new job as admin assistant, do you think employers will be willing to provide LMIA?

Also why dont the employers like to file lmia?

I think it's highly unlikely an employer would be willing to go through the process. The fee alone is $1,000 for the application - the employer then has to spend additional money on advertising to prove no Canadian coule be found for the role. (They have to prove no Canadian could be found for the role for the LMIA to be approved.) Processing times months and there's no guarantee of approval. You can read what an employer has to do here.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/low/requirements.html

 

[canuck78]

You should also really into looking at the self employed issue. Being self employed has tax repercussions. Is she getting deductions on her pay stub?

 

[Utmosteffort]

You should also really into looking at the self employed issue. Being self employed has tax repercussions. Is she getting deductions on her pay stub?

It seems that she is getting the exact amount that she is being paid, with no deductions.
Does that mean she has to pay double the taxes since self-employement taxes are higher?

 

[Copingwithlife]

It seems that she is getting the exact amount that she is being paid, with no deductions.
Does that mean she has to pay double the taxes since self- taxes are higher?

She has to file taxes as a self employed individual using not only the T1 , but the accompanying T2125, Statement of Business or Professional Activities
As well if her income is more then $30k over four rolling quarters she is responsible to register for a GST/HST number with Revenue Canada and remit that tax on her earnings as well. That registration is only if her income is OVER the $30K mark
If she feels she has been performing the duties as an employee versus a contractor then she might want to file a CPT 1. The CRA would determine whether or not she should of been classified as an employee or not . If the CRA determines she should have been classified as an employee, the employer is now responsible to pay any CPP/EI on her wages, plus interest penalties
I don't know what you are referring to about self employed taxes are higher, or paying double the taxes. If she has had nothing deducted, then she has not paid any taxes. She would pay the taxes based upon the income earned, at the rate the province she is in, along with Fed taxes, which everyone else does

https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt1.html

https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc4110.html

 

[canuck78]

So unusual to have a wallpaper order desk clerk be working as self-employed when they are not self employed. Is she being paid cash?

 

[canuck_in_uk]

Hi everyone, I am posting on behalf of my girlfriend who is currently working at a wallpaper company for almost a year as a order desk clerk. She is French, and she is currently here with working holiday visa that expires next june. I have looked into the express PR entry as an option but her job (order desk clerk) is does not really classify as a class B job. I am curious on what options we have to get the PR ? The CEC option of the express entry states that she cannot be self employed. Apparently her employer put her down as a self employed worker although she is not... also since she does not have class B job it wont even matter anyways.

What option does she have ? I really want her to stay, but I dont think she is eligible for express entry. Is it necessary for her to find a new job that classifies as class B and will sponsor her for her new working visa until she files PR application?

... she does have a degree from France but I dont know if any of that matters without a work experience

Thanks for help! I really appreciate it

A desk clerk is not self-employed. She should report this to CRA. The employer is probably doing this to all of the employees.

 

[vensak]

ok if ever she will find 0, A, B job offer she has still one chance to avoid LMIA. She is French and as such she can use Mobilite Francophone. For people that do speak French fluently - CBL 7 or more, they can be exempt from LMIA under this program. Of course everything else needs to be ready for her visa application. Alternatively, if you are living together and it is getting close to 1 year already she should stay and change to a visitor visa once her working holiday will expire. And then she should apply for a common law sponsorship (once you will live together for at least 1 year). As an inland she can then apply for spousal work permit while waiting for her spousal PR to be approved.

 

[Utmosteffort]

So unusual to have a wallpaper order desk clerk be working as self-employed when they are not self employed. Is she being paid cash?

She is being paid in cheque bi weekly.

 

[Copingwithlife]

It seems that she is getting the exact amount that she is being paid, with no deductions.
Does that mean she has to pay double the taxes since self-employement taxes are higher?

You say she has been there almost a year. Did she get a T4 for 2018 wages ? If yes, she is an employee, if no, then she is not an employee. The employer might have given her a T4A, but that is only if the wages are more than $500, or has had income tax deductions off it, but those are not mandatory to be issued. T4A issuance does not make someone an employee however, it is just to track money for the government

 

[Utmosteffort]

She started in Dec 2018 and the employer did not give her a T4. Her accountant told her that it is better for her not to declare it.

 

[scylla]

She started in Dec 2018 and the employer did not give her a T4. Her accountant told her that it is better for her not to declare it.

In that case she's being paid under the table (i.e. working illegally). This is in violation of tax laws.

I would find a new accountant and refile her taxes to correct for an income not declared in the past year.

She can forget about claiming any of this as work experience in a PR application until she rectifies the tax situation.

 

[Utmosteffort]

She has to file taxes as a self employed individual using not only the T1 , but the accompanying T2125, Statement of Business or Professional Activities
As well if her income is more then $30k over four rolling quarters she is responsible to register for a GST/HST number with Revenue Canada and remit that tax on her earnings as well. That registration is only if her income is OVER the $30K mark
If she feels she has been performing the duties as an employee versus a contractor then she might want to file a CPT 1. The CRA would determine whether or not she should of been classified as an employee or not . If the CRA determines she should have been classified as an employee, the employer is now responsible to pay any CPP/EI on her wages, plus interest penalties
I don't know what you are referring to about self employed taxes are higher, or paying double the taxes. If she has had nothing deducted, then she has not paid any taxes. She would pay the taxes based upon the income earned, at the rate the province she is in, along with Fed taxes, which everyone else does

https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt1.html

https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc4110.html

I do not think she made more than 30 k. But will be around 25K. She still has to remit taxes right?