It's IRCC's problem if they're asking for limited size doc they're liable to compromise with quality
FSW WORLDWIDE
- Thread starter js555
- Start date
Thanks for your prompt response! I have a few more queries so that I can understand this process clearly. I hope you would reply to these.
- Does this mean that one can apply for the Canada PR using foreign (non-Canadain) work experience as an "Independent Contractor", provided they have all the required documents (such as the ones you've mentioned in your previous comment on this thread)?
- Did you have any issues in obtaining a reference letter from your organisation where you were working as an "Independent Contractor"?
- Did you apply as "self-employed" (I think you mentioned in a previous comment that you only claimed points for when you were self-employed via your own company)?
A person (working in India) is employed with a certain Indian company as an "Independent Contractor". Unlike freelancers who may work for different clients, this person is working for just one company. The salary is paid by the company which is certain fixed amounts depending on the work done. There is no third party (client) involved here, just the person and the company. There are bank statements, salary slips, Income Tax return (India) statements, etc. to prove that this person is working & receiving a salary from this company.
Would the term "Independent Contractor" be a problem if the person applies for Canada PR? Since the person is not directly contacting clients for work (which is what a freelancer does), this would technically not be a "self-employed person".
There are confusing terms on the Internet, especially the "Self-employed category" part. Would appreciate any input on this.
Thanks again
1. Yes.
2.No
3. Yes.
Your situation sounds exactly like mine. As long as you can prove you were doing work related to the NOC you are applying under, you should be fine. Like I said, I had no issues at all and the documents I provided were sufficient.
Good luck.
Wow, I've literally been looking out for an answer on this "Independent Contractor" thing, and the varying answers made me so confused! Thanks, I'm so glad you've replied & answered my queries.
Although you were working with this single company as an "independent contractor", you've not claimed points for that? Did you select "self-employed" because you claimed points for your own company?
Lastly, I just want to summarise what I've understood so far (correct me if I'm wrong)....So basically, one should just go ahead and apply with all the valid documentation related to their work (company letter, salary slips, invoices, tax statements, etc.) even if they are an "independent contractor" with a company. In the above situation I've mentioned previously, would the "self-employed" box need to be ticked, although the person isn't self-employed but is being paid by a certain single company?
What is the name of the schedule A document that you received? There are two versions :
eimm5669e.pdf and imm5669e.pdf
The former needs validation and the later does not. For the former, you dont have to print or sign in ink, just filling and validating the sheet will suffice. I recently submitted the eimm5669e.pdf version.
I am sorry but I didnt get you! Was the ADR request for the reference letter of the experience that you mentioned in work history( claiming points) or for the one you mentioned in personal history ?? Would be very helpful if you can explain about the entire situation. Thanks
I remember that I did not check the self-employed box on my EE profile because when I created my profile I was a full time employee (of the same company, I became an IC after working there as an employee for 3 years), and by the time I realised I had already gotten ITA. I was worried about making any major changes to my profile post-ITA so I just let it be. I actually logged back into my GCKey account now to double-check and sure enough I didn't select self-employed. However, all the documents I provided confirmed me as being an IC.
I had worked for the company for about 9 years by the time I applied for PR, 5 of which I was already an IC, so all the points I claimed for work experience was as an IC. My own company was registered purely for accounting purposes so that I can invoice and bill my "employer" as a contractor. My company did not render services to any other company, it was just registered as a "Technology provider" and was not related to my NOC (2174) at all. The only part that related to my NOC (and earned me points on work history) was my job duties with my "employer" as listed on my reference letters. If it helps, I asked my employer to state that I am "permanently contracted" to them to provide services as a Software Developer Lead, which matched what is expected of NOC 2174. I explained in my LOE that I became an IC simply to be able to correctly bill and invoice my "employer" (it is an IT consultancy with different clients) as I was working on multiple projects for multiple clients at the same time and needed a way to invoice them for the hours on several clients/projects.
So in your case, your company can be registered as whatever. What matters is that the company you provide services for should give you a reference letter indicating that you provide the services that matches your NOC. You should have the necessary documentation (besides your company registration and tax payment proof) like invoices you issued to them, bank statement showing corresponding payments etc. Then you should be fine.
I will advice that in your EE you should select "self-employed" cos if I had to do it again, I would definitely select it. There is really no big deal about applying as self-employed, as long as you have proof from the company/companies you provided such services to them. It's not any different than applying as full employee, especially when you are contracted to just one employer.
Thank you once again for your detailed response, it makes things so much clearer now. If I'm not wrong, selecting "self-employed" isn't a problem for FSW since the work experience is considered, but not for CEC, right? In this case, it's only FSW so selecting "self-employed" won't be a problem, correct?
If possible, could you share a rough template of the reference letter you obtained for the company you worked with as an "Independent Contractor"? The concern I'm having is that the number of hours is not fixed as such, like there's nothing specified by the company. However, the company has a specified amount of work that needs to be completed every month. In such case, what exactly would be the number of hours mentioned in the letter?
I really hope you aren't troubled by the several queries I've been asking you, it's because I've not been able to get a clear answer anywhere on the internet. Thanks for your help always!
The work history, for example, contains 46 pages! I tried shrinking them as small as possible to upload within the limit, but the quality may have been compromised. It would be great if we had an authentic sample to rely on .
Work history is a form during eAPR, why are you creating such a large document?
I had 20+ pages too. Three different jobs, two of which required “social insurance enrollment” records plus local bank statements which need to be translated and notarized. That on top of the employer letters easily get lengthy.
IRCC just needs one reference letter and nothing is required if you don't claim points for a job. I just submitted one reference with two salary slips for two of my jobs which was enough.
Happy to help. For CEC you cannot use work experience gained as self-employed, but this is not an issue for FSW.
Below is the skeleton of my reference letter:
To Whom It May Concern
RE: Confirmation of Contract: XXXXXXXXXXXXXX (ID Num: XXXXXXXXXXXXXX)
This letter serves to confirm that Ms. XXXXXXXX XXXXXX is permanently contracted with XXXXXXXXXXXXXX since DD MM YYYY as a Senior Software Developer/Lead. She currently provides software development services to XXXXXXXXXXXXXX and its clients in the following capacity:
Designation: IT Software Solutions Delivery Lead
Role: Software Developer/Programmer (Senior Level)
Duties:
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Contract Type: Permanent Full Time Contractor (minimum of 40 hr/Week excluding overtime hours)
Remuneration: Current invoice rate is XXX/hr (excl. VAT). This does not include any performance related bonus which forms part of the contractual agreement.
XXXXXXXXXXXXXX is a Digital technology and innovative IT solution provider in (COUNTRY). Should you require any further confirmation, please do not hesitate to contact me.