Commercial urchin diver - self employed or not?

[Paddyj66]

Hey guys,

I'm a commercial diver which I believe is noc code 7382

I am employed by a boat owner on essentially a fishing boat but I am paid by a selection of buyers in Vancouver. It's piece work, I get a share of a fishing venture. All of which I collect t4s from and pay my own taxes.

My employer who owns 4 boats wants to keep me on after almost a year and a half of diving for him. He has helped me with the application this far. But we are struggling with defining whether my job qualifies.

Im not sure as to whether I am self employed or a contractor? Am I eligible for the express entry?

I also have 8 months of diving on a salmon farm too. Which I paid tax and was a full time normal employee .

Thanks for any help

 

[Copingwithlife]

Is it a T4 he gives you or a T4A ?

 

[Paddyj66]

A t4

 

[c.cruz91]

Hey guys,

I'm a commercial diver which I believe is noc code 7382

I am employed by a boat owner on essentially a fishing boat but I am paid by a selection of buyers in Vancouver. It's piece work, I get a share of a fishing venture. All of which I collect t4s from and pay my own taxes.

My employer who owns 4 boats wants to keep me on after almost a year and a half of diving for him. He has helped me with the application this far. But we are struggling with defining whether my job qualifies.

Im not sure as to whether I am self employed or a contractor? Am I eligible for the express entry?

I also have 8 months of diving on a salmon farm too. Which I paid tax and was a full time normal employee .

Thanks for any help

First of all, you have a very cool job! it sounds awesome!

As for your eligibility, Commercial Divers are included in NOC 7384 (class B), which makes you eligible for Express Entry (not self-employed), as long as you meet the other requirement of 1 year full-time work experience (at least 30h/week). So, if you only have 8 months, you should wait until you have 12 full months before you submit an express entry profile.

Your employer will just have to provide you with a letter describing your responsibilities, salary, etc... Just take a look at the instructions on the CIC website. Good luck!

 

[Paddyj66]

First of all, you have a very cool job! it sounds awesome!

As for your eligibility, Commercial Divers are included in NOC 7384 (class B), which makes you eligible for Express Entry (not self-employed), as long as you meet the other requirement of 1 year full-time work experience (at least 30h/week). So, if you only have 8 months, you should wait until you have 12 full months before you submit an express entry profile.

Your employer will just have to provide you with a letter describing your responsibilities, salary, etc... Just take a look at the instructions on the CIC website. Good luck!

Thanks for the reply.

I actually can't go back to that job, I don't have a lot left on my visa. I was wondering about the urchin diver position, whether that counts?

 

[c.cruz91]

Thanks for the reply.

I actually can't go back to that job, I don't have a lot left on my visa. I was wondering about the urchin diver position, whether that counts?

i think so, that NOC mentions different kinds of divers. So, i think you're good

 

[Paddyj66]

i think so, that NOC mentions different kinds of divers. So, i think you're good

Thanks!!

My record of employment however states at the top "self employed fisher"

I am however, employed by the boat owner and have a letter of employment and a formal offer from him.

I am still confused...

Shall i just give the IRCC my T4s instead of record of employmen for this job?

It is hard to quantify the hours i have worked (even though i have worked way over the required amount)..

 

[zardoz]

Thanks!!

My record of employment however states at the top "self employed fisher"

I am however, employed by the boat owner and have a letter of employment and a formal offer from him.

I am still confused...

Shall i just give the IRCC my T4s instead of record of employmen for this job?

It is hard to quantify the hours i have worked (even though i have worked way over the required amount)..

For CEC only a maximum of 30 hours per week is counted, regardless of how many you actually work. So, if in any week you worked 50 hours, for example, 20 of them are discarded.

 

[Paddyj66]

For CEC only a maximum of 30 hours per week is counted, regardless of how many you actually work. So, if in any week you worked 50 hours, for example, 20 of them are discarded.

thanks for the post.

is that true? I worked 1300 hours for that company in 8 months too..working my ass off bro..

 

[jes_ON]

thanks for the post.

is that true? I worked 1300 hours for that company in 8 months too..working my ass off bro..

IRCC defines full-time work as "30 or more hours worked per week" - so as you can see, no matter whether you work 30, 40, or 80 hours or week, you meet the definition of "full time" - and you need 52 weeks of full-time employment to qualify. So yes, what zardoz said is essentially true, if you are counting hours. (but there is no need to "count hours" if you work full time).

 

[Paddyj66]

IRCC defines full-time work as "30 or more hours worked per week" - so as you can see, no matter whether you work 30, 40, or 80 hours or week, you meet the definition of "full time" - and you need 52 weeks of full-time employment to qualify. So yes, what zardoz said is essentially true, if you are counting hours. (but there is no need to "count hours" if you work full time).

Thanks for the reply!

Regardless of hours.

I am trying to ascertain whether my urchin work can be used to top up the time I spent at the salmon farm diving job.

I work for a boat owner but get paid by a buyer, when I am in town (not dive fishing) I help him repair and maintain the fishing equipment, and boats.

The job is weather dependent and is all go when we get a break of good weather. I have for sure got the equivalent time the visa requires but it's whether that job qualifies.

I have a letter from my employer explaining all of this, that i have worked for 2 years for them. I have all my t4s ready from all the different buyers too.

Do you think this is satisfactory?

 

[jes_ON]

Thanks!!

My record of employment however states at the top "self employed fisher"

I am however, employed by the boat owner and have a letter of employment and a formal offer from him.

I am still confused...
.

It is very confusing, because there are special rules for fishing and farming that differ from the usual rules to distinguish between employed vs. self-employed.
https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4005/fishers-employment-insurance.html#flng_t_infrmtn_rtrn

According to the CRA, crew are considered self-employed if they receive a share, still receive a T4, but your employer should have made EI deductions.
https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4005/fishers-employment-insurance.html#P92_5141

Honestly, it sounds like your employer has made some error, one way or another.

https://www.canada.ca/en/revenue-agency/services/tax/businesses/farmers-fishers/what-farming-fishing-income.html
"We consider crew members who receive a share of the catch, commonly known as sharespeople, to be self-employed. "

If you were a de facto employee, you would have received only 1 T4 (from your employer, not "a selection of buyers") and your employer would have taken all statutory deductions...

 

[Paddyj66]

It is very confusing, because there are special rules for fishing and farming that differ from the usual rules to distinguish between employed vs. self-employed.
https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4005/fishers-employment-insurance.html#flng_t_infrmtn_rtrn

According to the CRA, crew are considered self-employed if they receive a share, still receive a T4, but your employer should have made EI deductions.
https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4005/fishers-employment-insurance.html#P92_5141

Honestly, it sounds like your employer has made some error, one way or another.

https://www.canada.ca/en/revenue-agency/services/tax/businesses/farmers-fishers/what-farming-fishing-income.html
"We consider crew members who receive a share of the catch, commonly known as sharespeople, to be self-employed. "

If you were a de facto employee, you would have received only 1 T4 (from your employer, not "a selection of buyers") and your employer would have taken all statutory deductions...

im confused ya..

I have many different t4s that i collect and do my own taxes. Thats besides the point, i would not be able to fish urchins without this guy and his boat, he runs the show, and tells me what to do, he is my boss, regardless of whether he pays me directly or not. Am i not just a contractor that sells to different buyers, recruited and employed by the boat owner?

 

[jes_ON]

im confused ya..

I have many different t4s that i collect and do my own taxes. Thats besides the point, i would not be able to fish urchins without this guy and his boat, he runs the show, and tells me what to do, he is my boss, regardless of whether he pays me directly or not. Am i not just a contractor that sells to different buyers?

Take the time to read the info at the links I provided.... And BTW, a contractor that sells to different buyers is known as "self-employed." : )

 

[Paddyj66]

Take the time to read the info at the links I provided.... And BTW, a contractor that sells to different buyers is known as "self-employed." : )

i did read but still don't really understand why..

it seems unfair and kinda wrong, i was recruited by this guy. i have spent a lot of time and money on this application and feel i qualify, i am working in a job that needs guys, every week there is a requirement for a new diver on a different boat and there aren't always guys to fill the positions, so i am making a difference to your economy. i am in the process of filling my invite now and have probably wasted thousands of dollars..

what if you have a provincial nomination?

I have been invited to apply for provincial nomination and have done so, will this help?