brittanybalinski

Hi

I am very new to this process and I've been reading as much as I can. I've read the forum rules etc and I'm trying to not ask any question that's previously been asked so here goes.

My husband and I are looking into the immigration process into Canada and after reading the options and applied them to our circumstances, we think the best route to follow is finding him a job as a truck driver and using the Atlantic Immigration Pilot, intermediate skill level program.

I believe he qualifies for this however there is one grey area. The requirements for this route state that self employed hours cannot be counted towards the work experience.

My husband created a LTD company in his own name in May 2013 and has been working as a HGV class 1 driver through agencies full time. Many truck drivers operate in this way: invoicing the agency as a subcontractor. He has worked for one main agency and one main logistics company and both would be willing to provide references, plus we have all the invoices to show his earnings.

Will this really be exempt because he, strictly speaking, is "self employed"? I am happy to provide any more information and ideally I am looking for someone in a comparable situation. Just to clarify, we look to find my husband a position in a contracted job in Canada, i.e. he will no longer be self employed.

Thanks very much in advance.

christmasoompa

Yes, I'm afraid so. He must be an employee in the job for at least one year full-time before being eligible to apply. He'll need to provide things like payslips and an employment contract as part of the process, so if he doesn't have those, he wouldn't meet the criteria.

But if he can find a job offer and LMIA, then he could go over on a TWP and then apply using the 'normal' PNP. It wouldn't matter that he's self employed for a LMIA/TWP application.

A trucker is a tough way to get in to Canada though, job offers are few and far between, do you perhaps have a job or skills that may lead to a visa more easily?

brittanybalinski

Thanks for the comprehensive reply (and for moving my thread, sorry!)

Actually, while I had my eye on the ball of his truck driving experience, [due to us deciding that him truck driving would be the best way in], I overlooked his more valuable recent experience of being a transport manager of our own independent company. We have done this together for just over 2 years, operating a small fleet of LGVs nationally.

As a background, I graduated with a bachelor's in psychology in 2014, worked in transport as a transport/fleet controller for 2.5 years and then I've been off on maternity and while raising the children we bought our fleet and started up by ourselves.

So yeah, I would be in a slightly better position to get us into Canada, with the small issue of me not having a clue about what I could do for work . Getting my husband over as the main person in truck driving just felt a bit more "us", since the boys are still young (almost 3 and 1 yo). So any ideas, throw them at me!

x

brittanybalinski

I just thought, this is such a grey area. We have payslips for him from his LTD company to himself from 2013 to the present day, because as a director, he is technically employed by his own company. We have had a lot of trouble with this in various aspects of claiming for childcare etc, due to the odd circumstances.

christmasoompa

Have you checked to see if you qualify for a visa without a job offer i.e. the Express Entry program? Then you could get PR before you move and could do what the heck you all like once you get there, whether that's stay at home with the kids, work, set up your own business, your husband could stay self employed etc, etc. It would just give you a lot more flexibility, and be more secure than moving over behold to an employer.

Or is a job offer the only way you can get a visa?

brittanybalinski

The fact that I don't know the answer to your question would suggest that yes, I need a job offer. I have no family or any other ties to Canada, so I think it's a case of finding a job first.

christmasoompa

Sounds like you need to do a bit more research! People without family in Canada get PR every day without a job offer, there are over 50 routes to a visa for Canada (family is one for one of those, and even then it's only very close family), so definitely worth checking others out. Express Entry is purely a points based system, and will depend on things like your education, age, work experience, etc. Not sure how old you are, but as you've got a degree it's worth checking.

Start here, you first need at least 67 points or more to qualify as a Federal Skilled Worker (assume max points for now for your English results, as a native speaker) - https://www.canada.ca/en/immigration...d-workers.html

Then if you score more than 67 on that, take this test (again, assume max points for English), to see what your CRS score is. Comprehensive Ranking System (CRS) tool: skilled immigrants (Express Entry). You'll need above approx 450 as a rough guide.

If you don't score enough then you may need a job offer, but there may also be other routes. Any particular province in mind and how old are you?

brittanybalinski

Ok I got 70 on that, so I will check the second one

brittanybalinski

So I got 457 (based on estimated language test results)

We are very open minded about where we go. But we have one friend in AB and another friend in New Brunswick, so we thought we would try either of those first.

So now that I have a score of 457, how can I proceed? Is it a case of taking the language test, submitting the application and waiting to hear back? Do they refuse people with scores over 450?

Edit to add, I am almost 29 and my husband is 37.

christmasoompa

OK so sounds like you don't need a job offer after all!

You've got two options from what I can see. You can apply under the Express Entry program, which would give you all PR within about 6 months. You'd take your IELTS exam, get your ECA, and then apply to enter the 'pool' of applicants. Once you're in the EE pool, there are draws done regularly (normally a couple of times a month) and those scoring the highest on the CRS are selected and invited to submit a full application for PR. You may not get an invite straight away but hopefully it woudn't take long. You can see all of the recent draws here to get an idea of the points scores they'll inviting people at - https://www.canada.ca/en/immigration...-previous.html. Just be aware that as soon as you turn 30 you'll lose points for age, so don't delay! You'll need to try and get an invite in the next year or so.

As you're under 30, you could look at the IEC program, which would give you a 2 year open work permit. That would be a heck of a lot cheaper and quicker than a PR application, but obviously doesn't come with the same security. If you got a skilled job, then your husband would get an open work permit for the same duration too.

Personally, I'd do both. Then you can be heading out there on an IEC whilst you wait for PR, and it would mean that if you need more points you could get them from Canadian work experience.

HTH.

brittanybalinski

Wow thank you so much! I feel a lot more understanding now!

I will be back with more questions if I need.

I'm just trying to find what ECA means haha.

brittanybalinski

About the IEC, it says my dependants could not come with me. My husband wouldn't be eligible for the same program due to his age (and he is a Polish citizen). And how does that leave us with the children? Slightly confused, sorry!

christmasoompa

Top tip - read the 'Newbies' sticky thread on the main page, which takes you to the Wiki, including this vital page - https://britishexpats.com/wiki/Canadian_Abbreviations

Then grab a cuppa, and start reading the CIC website to understand the EE program (and IEC).

https://www.canada.ca/en/immigration...-assessed.html

Any questions, just shout and somebody will be happy to try and help (not me though, I'm about to get on a plane so won't be much use for the next 24 hours!). Best of luck.

brittanybalinski

Thanks for this!

I have actually read it but I think it's a case of reading everything 500 times from different perspectives until you get it!

x

christmasoompa

You're misreading it, I need to dash so don't have time to type out a long response, but they absolutely can go with you - have a search of the forum and you'll find the relevant info on other threads. Hubby can accompany you but just can't work until you get a skilled job of your own, he can then get the open work permit as above.

HTH.