Self-Employed Application 2018

[Lchinjohn]

The school pays me monthly based on the number of students I have, there's no fixed pay, I'm paid on commission basis, 60/40, no employee benefits like contribution to employees funds etc. And it's on a clause in the contract between me and the school that says I'm an independent contractor.

 

[Lchinjohn]

What is my status then I wonder? And besides teaching in school, I give private lessons at students' homes, but more to unfortunate students, like autistic, children with single mums, so I don't take any payment from these private students, so in that sense, can't say I'm contributing economically. I'm at a loss how else to proceed

 

[theguv]

What is my status then I wonder? And besides teaching in school, I give private lessons at students' homes, but more to unfortunate students, like autistic, children with single mums, so I don't take any payment from these private students, so in that sense, can't say I'm contributing economically. I'm at a loss how else to proceed

I'd suggest consulting your government's tax office definitions regarding the type of work you do to see how you're defined where you live. once you have that in hand you'll have a better idea of where you may or may not fit in the SE spectrum...

 

[Lchinjohn]

Yeah I'll do that first. You mean if I'm categorised as SE in my home country, then it's ok? Shouldn't I fit into the SE spectrum in Canada itself? Sorry for the endless questions. Pls bear with me

 

[theguv]

if you're situation is SE in your own country then there's a high likelihood that it fits the Canadian definition but once you know it for your country cross check the relevant points with the Canadian definition and requirements to see if what you've been doing matches.

essentially, if you've been invoicing clients, receiving money (that you can show a paper trail for) and paying your own taxes for a minimum of 2+ years then you're SE as far as Canada is concerned. it gets more complex than that but that's the fundamental definition: supporting yourself financially and managing your tax and business affairs for 2 or more years.

 

[Lchinjohn]

Ok got it. Will do that. Thanks for the advice. Really appreciate it.

 

[comerunning19]

Yeah I'll do that first. You mean if I'm categorised as SE in my home country, then it's ok? Shouldn't I fit into the SE spectrum in Canada itself? Sorry for the endless questions. Pls bear with me

Wouldn't it be easier to clarify if you check with an immigration specialist instead?

 

[comerunning19]

I think the trickiest part is it's more than just fitting into the definition, but providing proof to demonstrate the likelihood that you can create an employment and support yourself financially in Canada.

 

[comerunning19]

Best Way to prepare SELF EMPLOYED PERSONS File

Let me share my story..

Here is the summary of my application status.
I submitted my file under self employed artistic category. I didn't have university degree. All I have a diploma from private institute. After one year of the AOR, I had to appear for an interview which lasted for 50 minutes and felt like interrogation. I was not sure about the result but on next day, they sent me medical request and prearrival service document. I passed the medical and now awaiting for passport request.

They gave me one month of period prior to interview date. So I had plenty of time to prepare. Since I had no information whatsoever on wht basis my application judged and what kind of quesstion I will be asked, I decided to visit Canada Federal Court webiste and went through all the rejected cases under the Self Employed Category. I wanted to know the mindset of the visa officer. I wanted to know the pattern of rejection, on what basis they reject the application, what kind of questions are asked and preparations are expected from applicant. After goiong through almost 25 court cases, I understood assumptions based on which they make judgement. I'll try to point out all the assumptions of visa officer.

What I am suggest you is to go through each and every case and study the argument. What Visa Officer is giving reason of rejecting the application, and how can you make your application stronger prior to submission.

Why this step is important? Because passing eligibility is crucial step. And it is decided by Visa officer. And there are no concrete guidline based on which visa officer make their obsevation. So, once you go through these cases, you'll understand how they judge the file.

The assumption of visa officer

• · If you have never operated business in past, then you will not able to operate in future.
• · If you claim, you will collaborate with other people, you must show the proof that you did it.
• · If you don’t know English, you cant settle.
• · if you have no evidence to back up your claim, your claim is false.
• · Applicant need to be truthful about any parallal employment
• · Market research is important factor.
• · Source of funding must be yours and you must able to use it anytime.
• · Business plan must show that how your business will add significant contribution to cultural life and Canada and its economy.
• Even though you have experience and won awards, if you have no knowledge how you are going to establish yourself in Canada, then your file will be rejected.
• Your experience and intended business should be in align. You must have business experience of proposed business. Your business must impact artistic or cultural life of Canada.
• · Information in your application should clearly demonstrate that your intended activity would make a significant contribution to specified economic activates in Canada and it would also enrich culture or sports of Canada.
• · You should have paid taxes.
• · You need to establish history of fund accumulation by your occupation.
• · If you are receiving job salary, then you are not self employed
• · If you are only stick to one institute for work and not doing other project out of the institution, then you are not self employed
• · If salary is the sole source of income, then you are not self employed
• · You must provide detailed research, includes cost of intended business.
• · You need to be aware of existing competition, labour market and wages.
• · You must speak one laugnage out of two of Canada
• · Must include Canadian as a part of economical or cultural activity.

There can be better way to understand how officer judge the application. And best way to know is to do role playing.. Think like Visa Officer.. what would you do if you are the officer and you have to judge your own application?

There may be other way to prepare application, I just shared with you how I prepare mine and understand how Self Employed Persons really works.


CANADA FEDERAL COURT CASES - Self Employed Persons

Li v. Canada – Translator https://www.canlii.org/en/ca/fct/doc/2019/2019fc1027/2019fc1027.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=8

Momeni V. Canada – Film https://www.canlii.org/en/ca/fct/doc/2017/2017fc304/2017fc304.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=4

Kolyesnikov v. Canada – Dancer https://www.canlii.org/en/ca/fct/doc/2003/2003fct369/2003fct369.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=7

Griscenko v. Canada – Russian Dancer https://www.canlii.org/en/ca/fct/doc/2012/2012fc614/2012fc614.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=15

Kim V. Canada – Korean Actress https://www.canlii.org/en/ca/fct/doc/2008/2008fc1291/2008fc1291.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=16

Awwad V. Canada – Printing Press https://www.canlii.org/en/ca/fct/doc/1999/1999canlii7392/1999canlii7392.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=20

Yung V. Canada – Hairdresser https://www.canlii.org/en/ca/fct/doc/2000/2000canlii15659/2000canlii15659.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=21

Liu V. Canada – Modelling https://www.canlii.org/en/ca/fct/doc/2003/2003fct375/2003fct375.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=27

Zheng V. Canada – Hairdresser https://www.canlii.org/en/ca/fct/doc/2003/2003fct20/2003fct20.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=28

Kameli V. Canada – Business https://www.canlii.org/en/ca/fct/doc/2002/2002fct772/2002fct772.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=38

Tollerence V. Canada – Poker Player https://www.canlii.org/en/ca/fct/doc/2015/2015fc538/2015fc538.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=41

Zhang V. Canada – Table Tennis https://www.canlii.org/en/ca/fct/doc/2019/2019fc764/2019fc764.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=42


Wei V. Canada – Film and TV (IMPORTANT) https://www.canlii.org/en/ca/fct/doc/2019/2019fc982/2019fc982.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=54

Guryeva V. Canada – Ceramic Artist https://www.canlii.org/en/ca/fct/doc/2015/2015fc1103/2015fc1103.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=55

Yao V. Canada – Writer https://www.canlii.org/en/ca/fct/doc/1999/1999canlii8419/1999canlii8419.html

Oh V. Canada – Painter https://www.canlii.org/en/ca/fct/doc/1999/1999canlii7715/1999canlii7715.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=56

Wang V. Canada – Graphic Designer https://www.canlii.org/en/ca/fct/doc/2019/2019fc284/2019fc284.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=62

Shang V. Canada – Media Writer https://www.canlii.org/en/ca/fct/doc/2019/2019fc341/2019fc341.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=68

Ni V. Canada – Chef https://www.canlii.org/en/ca/fct/doc/2001/2001fct28/2001fct28.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=74

Margarosyan V. Canada – Bellet Dancer https://www.canlii.org/en/ca/fct/doc/1996/1996canlii11749/1996canlii11749.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=157

Ying V. Canada Musician https://www.canlii.org/en/ca/fct/doc/1997/1997canlii5613/1997canlii5613.html?searchUrlHash=AAAAAQAVc2VsZiBlbXBsb3llZCBwZXJzb25zAAAAAAE&resultIndex=165

Zheng V. Canda – Chef https://www.canlii.org/en/ca/fct/doc/2003/2003fct54/2003fct54.html?searchUrlHash=AAAAAQAWc2VsZiBlbXBsb3llZCBwZXJzb25zIAAAAAAB&resultIndex=131

Thank you for your detailed sharing.
Your hard work will absolutely pay off!

May I ask which LVO is handling your application?

 

[theguv]

I think the trickiest part is it's more than just fitting into the definition, but providing proof to demonstrate the likelihood that you can create an employment and support yourself financially in Canada.

I agree that's more tricky but it's not worth amassing a wealth of information if you fall at the first hurdle of not fitting the definition!

 

[comerunning19]

I agree that's more tricky but it's not worth amassing a wealth of information if you fall at the first hurdle of not fitting the definition!

I agree. Should really check with a specialist experienced in handling SE application.

 

[Lchinjohn]

Checked with some consultants here today, but none of them handles self employed applications. So I guess I'm on my own here.

 

[comerunning19]

Checked with some consultants here today, but none of them handles self employed applications. So I guess I'm on my own here.

Not sure if @Runroad 's experience would help... there may be some inspirations for you?

 

[Palamon]

Has any of you received a request for medicals or any other form of positive response from IRCC in the last 3-4 months?

 

[Tr1992]

Hello everyone
Jun 2018 AOR , and nothing more! no other news...
I did my application by lawyer , we only know that my application have sent to warsaw office
is there anyone here like my timeline or my experience?
It seems that our category is the last priority...