Express Entry/CEC - experience via incorporaton

[grk]

Hello,

I am planning to apply for express entry under CEC, it is much appreciated if anyone could guide me.

I have:
-4 Years of IT work experience in India
-Finished MBA in Canada(New Brunswick)
-Working in Ontario since 1 year in major bank
-IELTS 8

A year ago I have opened an incorporation with the help of my friend(he is one of the director of the incorporation and he is PR holder). I will receive a pay from bank to agency and from agency to the incorporation, then I pay monthly salary to myself from incorporation and I have paid tax every month.

Can anyone please let me know whether I am eligible to apply for PR under CEC? as I have been paying payroll taxes for a year and I have T4 slip.

Your help is highly appreciated.

Thanks,

 

[JoacRy]

Hello,

I am planning to apply for express entry under CEC, it is much appreciated if anyone could guide me.

I have:
-4 Years of IT work experience in India
-Finished MBA in Canada(New Brunswick)
-Working in Ontario since 1 year in major bank
-IELTS 8

A year ago I have opened an incorporation with the help of my friend(he is one of the director of the incorporation and he is PR holder). I will receive a pay from bank to agency and from agency to the incorporation, then I pay monthly salary to myself from incorporation and I have paid tax every month.

Can anyone please let me know whether I am eligible to apply for PR under CEC? as I have been paying payroll taxes for a year and I have T4 slip.

Your help is highly appreciated.

Thanks,

Unfortunately if you are planning to incorporate, your experience will not be counted for CEC purposes. From what you say, you appear to be a director (not employee) of the company. The amount you pay yourself will be a 'Salary' Expense to the company and be listed as 'Directors Fees' Income to you.

http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

Self-employment and work experience gained while you were a full-time student (for example, on a co-op work term) does not count under this program.

 

[grk]

Hi JoacRy,

Thank you for the information. let's say if I am not a director of the incorporation, I will let my friend be the only director then will I be eligible under CEC?

Thanks.

 

[JoacRy]

Hi JoacRy,

Thank you for the information. let's say if I am not a director of the incorporation, I will let my friend be the only director then will I be eligible under CEC?

Thanks.

Your contract would specifically need to state that you are employed by the business in the capacity of an 'Employee' only. You would not be entitled to the following; shares in the company, dividends in the company, voting rights in the company, representation on the board of directors, and you would not have the right to take part in company 'Minutes of Meetings'. If you do have any equity in the business you would have to sell your equity stake (at market value).

 

[grk]

JoacRy, Thank you!

 

[ramonvilla]

Your contract would specifically need to state that you are employed by the business in the capacity of an 'Employee' only. You would not be entitled to the following; shares in the company, dividends in the company, voting rights in the company, representation on the board of directors, and you would not have the right to take part in company 'Minutes of Meetings'. If you do have any equity in the business you would have to sell your equity stake (at market value).

Hey JoacRy!

Can you share were you learned this from? I've been reading the CIC website and they make it very ambiguous whether the shareholder of a corporation is or isn't an employee. Here I'm thinking about the supporting documents, not the eligibility (as I am applying under FSW, not CEC).

Here they say that "In a corporation or limited company, a person who controls more than 40% of the voting shares is not necessarily self-employed": https://www.canada.ca/en/employment-social-development/programs/ei-list/ei/self-employed-farmers-independent-workers.html#elected

And here they say that "Claimants may hold shares in a corporation where they work as employees; they may also participate in its operation. The agent must identify the claimant's role in the corporation. The fact of being a shareholder in a corporation does not mean that the person is participating in the running of the business": https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/digest/chapter-4/independent-workers-full-week.html#a4_6_7

Please share your knowledge with us!