self employed business owner

[adtjindal]

i can't comment on that with authority but i can say from personal experience, hours was not at the forefront of my concerns. i simply indicated the hours in a letter signed by my partner.

err on the side of caution though. if you're averaging 30 hours min for the duration of the period for which you're claiming points, you should have something to back it up with- since you own the business, that becomes a bit redundant.

do you have any partners/CA or third party who can comment on the hours? take my advice with a grain of salt, but i don't think hours will be something you are 'grilled' on, but be prepared to offer up proof.

 

[ramonvilla]

i can't comment on that with authority but i can say from personal experience, hours was not at the forefront of my concerns. i simply indicated the hours in a letter signed by my partner.

err on the side of caution though. if you're averaging 30 hours min for the duration of the period for which you're claiming points, you should have something to back it up with- since you own the business, that becomes a bit redundant.

do you have any partners/CA or third party who can comment on the hours? take my advice with a grain of salt, but i don't think hours will be something you are 'grilled' on, but be prepared to offer up proof.

Ok, then I might do the same! I also have a business partner who can attest in a letter that I work 50 hours/week (I actually work more, but our "business hours" are from 9:30 a.m. to 7:30 p.m.). Thinking about it, I can also attach a letter from the other company we share our office with stating how long I am in the office every day. Combined with multiple clients' letters, I think that would be enough, no?

And what is a "CA"?

 

[adtjindal]

I would deprioritize the hours issue you're anticipating. A letter from the passenger should be sufficient IMHO.

I don't think a client can attest to the number of hours you worked. It may look like your over engineering it.

CA = chartered accountant

 

[ramonvilla]

I would deprioritize the hours issue you're anticipating. A letter from the passenger should be sufficient IMHO.

I don't think a client can attest to the number of hours you worked. It may look like your over engineering it.

CA = chartered accountant

Hey man,

Thanks a lot for your previous help. I was able to study the CIC website a lot more and learn from it.

But I've been listening from multiple sources lately (including IRCC licensed consultants) that if you are a shareholder of an incorporated business (my situation), you are not self-employed, but rather an employee. I've also seeing similar claims in the CIC website, but they are very ambiguous:

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
​

Can you confirm that you were also a shareholder of a corporation and ticked the "self-employed" box?

If you were in the same situation and it worked for you, I'll do the same.

 

[adtjindal]

Youre using the word shareholder very ambiguously... Are you operating as a business owner?

Hey man,

Thanks a lot for your previous help. I was able to study the CIC website a lot more and learn from it.

But I've been listening from multiple sources lately (including IRCC licensed consultants) that if you are a shareholder of an incorporated business (my situation), you are not self-employed, but rather an employee. I've also seeing similar claims in the CIC website, but they are very ambiguous:

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
​

Can you confirm that you were also a shareholder of a corporation and ticked the "self-employed" box?

If you were in the same situation and it worked for you, I'll do the same.

 

[ramonvilla]

Youre using the word shareholder very ambiguously... Are you operating as a business owner?

I am one of the owners of the business. Both me and my partner work full-time in our roles -- me as a web developer, he as a graphic designer. We as a company provide services to other companies.

We both operate the business (manage it), but on our articles of incorporation it says that he is the managing shareholder.

 

[adtjindal]

I

I am one of the owners of the business. Both me and my partner work full-time in our roles -- me as a web developer, he as a graphic designer. We as a company provide services to other companies.

We both operate the business (manage it), but on our articles of incorporation it says that he is the managing shareholder.

I would say you're self employed

 

[ramonvilla]

Thanks man! On your client reference letters, was it written that
1) you (as an individual) provided services to the client,
2) you (as a representative/owner/director/whatever) of company X provided them services, or
3) your company X provided them services?

I think it's a must to include my personal information on the letter, but I'm not sure what is the best way to phrase it so that CIC understands that I was the one who did the job (for NOC purposes), but the contract was between my company and the client's.

 

[adtjindal]

On mine it was something on the lines of 2). However, i must warn you that the answers to your questions are very subjective. My rep drafted my letters so I want to make sure you understand that I cannot state anything with any certainty here.

 

[aahaanbajaj]

I just spoke to an ICCRC registered lawyer last night and he really confused me. he told me that as a business owner, i can't use the self employed thing for my EE profile. I told him that i'm a bonafide business owner with an MBA degree, been working for the last 10+ years in the position and that i have taxation and bank statements that show my income from the businesses.

as a business owner i'm not entitled to a salary but a share in profits. He said this is a problem because FSW Is not for business owners/self employed people. Contrary to virtually every thing i've read on this forum.

later when i asked him if i needed to 'uncheck' the self employed box, he seemed confused and said maybe he needed to take another look...

any thoughts guys?

Were you able to get your PR under EE? Snowing yourself as a self employed?

 

[adtjindal]

yes, i'm already in Canada

 

[harneetsingh211]

hi,
i would be grateful if you could help me with my problem.so i graduated in 2009 and started working for my fathers company.it is a retail shop and i have been managing the shop completely.i was responsible for the complete operations of the outlet. i only took salary in cash and filed ITR as SELF EMPLOYED.In 2013 i opened my own company which manufactures bakery products and i have all the documents to prove its existence.SO I WANTED TO ASK YOU THAT FOR MY EXPERIENCE FROM 2009 TO 2013 I SHOULD USE SELF EMPLOYED OR SALARIED.I CAN GET LETTERS FROM MY DAD BUT I DO NOT HAVE ANY BANK TRANSFERS.

 

[aahaanbajaj]

I would suggest check with your CA, if there is any option of supporting your ITR with letters from your Dad or challans etc.

I also have a similar situation where my ITR states as business owner, and transactions were in cash.

 

[aman29]

unfortunately i cannot. believe me when i say it is not something you can gain anything from as it's highly customized. additionally, if you know how to write a cover letter, you can do much of the work yourself.

no not all business contracts- provide a sample of the most recent years per the years of experience you are claiming points for, as well as the NOC codes.

hours- the self-employed references from my other business partners included the hours worked. additionally, if you are a sole proprietorship, you can ask your CA or someone to include this in the letter.

Hi adtjindal,

Reviving this as it's quite pertinent to my application as well. What NOC code did you end up using finally? I am a partner in a family business. The industry itself is so niche that it doesn't fall under any other NOC, so I am planning to go with NOC 0015. Interested to know which one you used and why.

 

[aman29]

On mine it was something on the lines of 2). However, i must warn you that the answers to your questions are very subjective. My rep drafted my letters so I want to make sure you understand that I cannot state anything with any certainty here.

I also had government clients that are not very keen on customizing reference letters. They gave me letters in the name of the firm, but cannot mention my name in the letter. How do you suggest I can circumvent this issue?