Self-employed vs Employed work experience

[moe17]

Hi,

I was working for a Canadian company remotely for 7 months until I was sponsored by my company and got my work permit and came to Canada. Now I am working in the same company after arriving in Canada.

I have created a EE profile and added the 7 months separately in which I have worked remotely for the company and got points for it. My total is 491 with other foreign work experience.

For proof of that remote work, I have the job offer letter, invoices from Wise (they used Wise to pay me), and a letter of employment for the duration of that employment.

I just talked to an RCIC agent today and she was saying that is a self-employed experience and won't ultimately count after they review it and my PR application can get rejected. After hearing that, I removed that remote work experience and my points fell to 467.

I am still uncertain if this experience would count as self-employed or employed and if she's actually right or not.

Any reference answers on this will be really helpful and appreciated.

 

[Karandi]

Hi Moe17,

It's essential to correctly categorize your work experience when creating your Express Entry profile. In your case, whether your remote work experience for the Canadian company should be considered self-employed or employed will depend on the nature of your relationship with the company and your employment status during that time.

If you were an independent contractor or freelancer, your work experience may be considered self-employed. Self-employed experience typically does not count toward your Federal Skilled Worker (FSW) points unless you meet specific criteria for self-employed individuals in cultural or athletic activities or farm management.

However, if you were employed by the Canadian company under a contract or as a regular employee while working remotely, this experience could be considered eligible work experience. To claim points for this experience, you should have a valid National Occupational Classification (NOC) code and meet the required skill level.

 

[canuck78]

Hi,

I was working for a Canadian company remotely for 7 months until I was sponsored by my company and got my work permit and came to Canada. Now I am working in the same company after arriving in Canada.

I have created a EE profile and added the 7 months separately in which I have worked remotely for the company and got points for it. My total is 491 with other foreign work experience.

For proof of that remote work, I have the job offer letter, invoices from Wise (they used Wise to pay me), and a letter of employment for the duration of that employment.

I just talked to an RCIC agent today and she was saying that is a self-employed experience and won't ultimately count after they review it and my PR application can get rejected. After hearing that, I removed that remote work experience and my points fell to 467.

I am still uncertain if this experience would count as self-employed or employed and if she's actually right or not.

Any reference answers on this will be really helpful and appreciated.

Very high chance you were self-employed. How did you get paid? Directly by the Canadian employer?

 

[moe17]

Hi Moe17,

It's essential to correctly categorize your work experience when creating your Express Entry profile. In your case, whether your remote work experience for the Canadian company should be considered self-employed or employed will depend on the nature of your relationship with the company and your employment status during that time.

If you were an independent contractor or freelancer, your work experience may be considered self-employed. Self-employed experience typically does not count toward your Federal Skilled Worker (FSW) points unless you meet specific criteria for self-employed individuals in cultural or athletic activities or farm management.

However, if you were employed by the Canadian company under a contract or as a regular employee while working remotely, this experience could be considered eligible work experience. To claim points for this experience, you should have a valid National Occupational Classification (NOC) code and meet the required skill level.

I got back to my RCIC consultant with the documents I have, the Job offer, Letter of employment, and some invoices of WISE and she responded that I can claim points for it. I am assuming it's because in the job offer, the duties are mentioned, and a lot of clauses that implies that is a contract.

 

[moe17]

Very high chance you were self-employed. How did you get paid? Directly by the Canadian employer?

I got back to my RCIC consultant with the documents I have, the Job offer, Letter of employment, and some invoices of WISE and she responded that I can claim points for it.

I got Paid directly by them via TransferWise.

 

[canuck78]

I got back to my RCIC consultant with the documents I have, the Job offer, Letter of employment, and some invoices of WISE and she responded that I can claim points for it.

I got Paid directly by them via TransferWise.

Then if you were outside Canada and didn’t have a Canadian work permit you were self employed and working for the company on contract abroad. If you had been employed directly by the company in Canada they would have had to make deductions from your salary and and you would need a Canadian WP. If employed by the company abroad vs self-employed they would need to set-up a way to pay you through your home country (usually a 3rd party) while making any deductions necessary on your salary and report your income to your home government. That still wouldn’t mean you would qualify for working for a Canadian employer. If you are claiming time working for a Canadian employer you are unlikely to be able to claim the time abroad. IRCC will also review your application and take off the points as well. How did your consultant justify that you qualify for the year of work for a Canadian employer starting in your home country?

 

[canuck78]

I got back to my RCIC consultant with the documents I have, the Job offer, Letter of employment, and some invoices of WISE and she responded that I can claim points for it. I am assuming it's because in the job offer, the duties are mentioned, and a lot of clauses that implies that is a contract.

A contract doesn’t mean that you weren’t self-employed. Not sure why a job offer or duties would also make a difference.

 

[moe17]

Then if you were outside Canada and didn’t have a Canadian work permit you were self employed and working for the company on contract abroad. If you had been employed directly by the company in Canada they would have had to make deductions from your salary and and you would need a Canadian WP. If employed by the company abroad vs self-employed they would need to set-up a way to pay you through your home country (usually a 3rd party) while making any deductions necessary on your salary and report your income to your home government. That still wouldn’t mean you would qualify for working for a Canadian employer. If you are claiming time working for a Canadian employer you are unlikely to be able to claim the time abroad. IRCC will also review your application and take off the points as well. How did your consultant justify that you qualify for the year of work for a Canadian employer starting in your home country?

I am not claiming that 7 months of work as a Canadian Work Experience, I am applying to the FSW program. Are you saying I can't claim points for that as Foreign Work Experience from my home country?

 

[AmirAKS]

Hi,

I have the same question about considering my job type as self-employment. I have established a limited company where I am CEO of the company and I am a shareholder of the company as well (98 percent). Two other people have shares in the company (ea. 1 percent) and they are members of the board of directors. So, my question is am I considered as self-employed or not?