Working as Independent Contractor for US from Canada? Can I Get PR? under which stream?

[Dinesh Kumar Raj Kumar]

Hi all,

I am an international student and I got a offer to work as an independent contractor(software developer) for a US company from ontario, canada.
I believe I am considered as a self employed. I don't receive T4, instead I get W8BEN from my company and I do my own taxes.

Can I apply for PR? If yes, may know under which stream?

 

[Naturgrl]

Hi all,

I am an international student and I got a offer to work as an independent contractor(software developer) for a US company from ontario, canada.
I believe I am considered as a self employed. I don't receive T4, instead I get W8BEN from my company and I do my own taxes.

Can I apply for PR? If yes, may know under which stream?

If you are eligible for EE-FSW based on your age, skilled work experience (one year of full-time,continious skilled work experience in one NOC), IELTS (CLB 7) and funds, you can apply. Your experience is considered foreign.

 

[Dinesh Kumar Raj Kumar]

If you are eligible for EE-FSW based on your age, skilled work experience (one year of full-time,continious skilled work experience in one NOC), IELTS (CLB 7) and funds, you can apply. Your experience is considered foreign.

Thank you so much

 

[canuck78]

Hi all,

I am an international student and I got a offer to work as an independent contractor(software developer) for a US company from ontario, canada.
I believe I am considered as a self employed. I don't receive T4, instead I get W8BEN from my company and I do my own taxes.

Can I apply for PR? If yes, may know under which stream?

You need to find a way to legally move to Canada and legally be able to work in Canada before you can accept their job offer. It could take a long time of not be possible at all depending if you have work history, how much funds you have, etc. would personally be looking for another job since this may take 6-12 months if it is possible.

 

[Dinesh Kumar Raj Kumar]

You need to find a way to legally move to Canada and legally be able to work in Canada before you can accept their job offer. It could take a long time of not be possible at all depending if you have work history, how much funds you have, etc. would personally be looking for another job since this may take 6-12 months if it is possible.

I am already in Canada for my studies.

 

[Naturgrl]

I am already in Canada for my studies.

Also when did you come to Canada? Depending on when you came and your employer has no Canadian clients/offices, you may only be eligible for 20 hours per week.

 

[Dinesh Kumar Raj Kumar]

Also when did you come to Canada? Depending on when you came and your employer has no Canadian clients/offices, you may only be eligible for 20 hours per week.

HI I came here as a student on 2022 and studies will be over by this month April 2023. I also started working for the US company part time when I started my studies here. Since I am working for the US(other country) I am not restricted for 20 hours/week even as a student. That is applicable only when I work for canadian employer.

 

[Naturgrl]

HI I came here as a student on 2022 and studies will be over by this month April 2023. I also started working for the US company part time when I started my studies here. Since I am working for the US(other country) I am not restricted for 20 hours/week even as a student. That is applicable only when I work for canadian employer.

Not true. If your employer has Canadian offices, employees and clients then it is 20 hours. Then You may be under the new rule for full-time employment as a student that started in November 2023 for the last few months.

 

[Dinesh Kumar Raj Kumar]

Not true. If your employer has Canadian offices, employees and clients then it is 20 hours. You may be under the new rule for full-time employment as a student.

They don't have any offices here when they hired me for part time. They did create new office last month but I was asked to continued the same. In this case, I am an independent developer(freelancer) and they are my clients. I typically send them the invoice and they pay me.

 

[Dinesh Kumar Raj Kumar]

They don't have any offices here when they hired me for part time. They did create new office last month but I was asked to continued the same. In this case, I am an independent developer(freelancer) and they are my clients. I typically send them the invoice and they pay me.

IN the start of the thread, I mentioned ontario...that is the province I live not the company

 

[Naturgrl]

IN the start of the thread, I mentioned ontario...that is the province I live not the company

The province you live has no bearing. Does your US employer have any Canadian employees, offices (any province) and clients? If they do, then you were limited to 20 hours per week prior to November. Since your company has a Canadian office, then you are now self employed with a Canadian employer. The issue is that if your employer has Canadian offices, clients and employees then they should be hiring people with Canadian work authorization.

 

[Naturgrl]

You asked about EE, and if you have one year of continious, full-time skilled work expereince in one NOC then you are eligible. The issue is how many hours you have been working with your US employer remotely If they have Canadian offices, employees and clients. That will determine how many hours you can count as foreign experience.

 

[Dinesh Kumar Raj Kumar]

Thanks all for your inputs.

Let me put it clearly.

I came to ontario,canada as a student in Jan2022. I got the job as independent contractor(developer) for a US company at the same time. By that time, they had no office in canada. I contacted IRCC to ask about the working hours and they said since I am working for a country other than Canada. Work hours restriction does not apply. I did bill 25hr/week to the company.

I got W8 Ben and not T4. I filed it successfully.

My course requires a coop from Jan 2023 to April 2023.

In Jan 2023, I approached the same company for coop and we can work 40 hours/week since it is a coop. I continued the same from Jan 2023 and I billed 40hrs/week.

Company did setup a company in Ontario on February 2023.

Now since my course is getting over by April 2023, they told us to continue the same job with an increment in pay. So now, I am offered with a contractor job and my company has a office in ontario, canada.

Note: For payments, they tied up with a different company(which is not in canada) for contractors alone.


Am I eligible for FSW or CEC?

 

[Naturgrl]

Thanks all for your inputs.

Let me put it clearly.

I came to ontario,canada as a student in Jan2022. I got the job as independent contractor(developer) for a US company at the same time. By that time, they had no office in canada. I contacted IRCC to ask about the working hours and they said since I am working for a country other than Canada. Work hours restriction does not apply. I did bill 25hr/week to the company.

I got W8 Ben and not T4. I filed it successfully.

My course requires a coop from Jan 2023 to April 2023.

In Jan 2023, I approached the same company for coop and we can work 40 hours/week since it is a coop. I continued the same from Jan 2023 and I billed 40hrs/week.

Company did setup a company in Ontario on February 2023.

Now since my course is getting over by April 2023, they told us to continue the same job with an increment in pay. So now, I am offered with a contractor job and my company has a office in ontario, canada.

Note: For payments, they tied up with a different company(which is not in canada) for contractors alone.


Am I eligible for FSW or CEC?

You are not eligible for CEC as you need one year of Canadian experience on your PGWP. You cannot count Canadian experiences during your studies.

You are eligible for FSW, if you have a minimum of 67 eligibility points. You have to calculate that based on your age, education, one year continuous full-time skilled work experience in one NOC, IELTS and funds. So do you have one year of full-time, continuous skilled employment? This job with US employer wasn’t full time so you would not have a year. Is your IELTS scores high enough. Do you have 67 points?

IRCC agents are sometimes wrong. And you can work more than 20 hours if your employer has no offices and clients in Canada on your study permit. So did your employer have clients/business in Canada (not the office) prior to February 2023. If so, then you could only work 20 hours a week. If you did co-op then not an issue but prior to January 2023, did your employer have any Canadian clients. Assume you are applying for PGWP so if refused due to working too many hours It is because your employer had Canadian clients.

 

[Dinesh Kumar Raj Kumar]

You are not eligible for CEC as you need one year of Canadian experience on your PGWP. You cannot count Canadian experiences during your studies.

You are eligible for FSW, if you have a minimum of 67 eligibility points. You have to calculate that based on your age, education, one year continuous full-time skilled work experience in one NOC, IELTS and funds. So do you have one year of full-time, continuous skilled employment? This job with US employer wasn’t full time so you would not have a year. Is your IELTS scores high enough. Do you have 67 points?

IRCC agents are sometimes wrong. And you can work more than 20 hours if your employer has no offices and clients in Canada on your study permit. So did your employer have clients/business in Canada (not the office) prior to February 2023. If so, then you could only work 20 hours a week. If you did co-op then not an issue but prior to January 2023, did your employer have any Canadian clients. Assume you are applying for PGWP so if refused due to working too many hours It is because your employer had Canadian clients.

They are logistics parcel delivery company so they have connections with all over the world who delivers parcels such as fedex, ups canada. Other than that, they have no direct business with Canada and no offices prior to jan 2023.

I do have points more than 67 and I am eligible for fsw. My questions is even after getting more than 67 I still need to get proper CRS score right?