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Reference Letter issue of being a contractor

guanyihe

Full Member
Feb 23, 2019
26
11
Hi everyone,

I signed the contract with company A (workforce solution company) as a software developer, which is in USA. But I have been physically working for company B for more then one year in Canada.

Company A: handling all my payroll and T4, nothing more.
Company B: my tasks are assigned by Company's B manager, I work with him in Canada and directly report to him.

I know I am A's employer in terms of legal perspective. B is just A's client.

I am filling the EE application details. My question is:
1. Should I put A's name and address in the Employer section? If so, everything will be in USA, then it can't prove I am working in Canada. They don't have an office in Canada. Or can I put A's name in the employer name field and use B's address in the address field?

2. From whom should I get the Reference Letter? Company A knows nothing about my work and duty. If I asked my B manager to issue an letter for me, I think he will help me. Or should I provide two letters from both A and B and write an explanation letter to explain my situation to the visa officer?

Can anyone please help! Thank you!
 
Last edited:

dauntless84

Hero Member
Sep 25, 2017
244
38
Hi everyone,

I signed the contract with company A (workforce solution company) as a software developer, which is in USA. But I have been physically working for company B for more then one year in Canada.

Company A: handling all my payroll and T4, nothing more.
Company B: my tasks are assigned by Company's B manager, I work with him in Canada and directly report to him.

I know I am A's employer in terms of legal perspective. B is just A's client.

I am filling the EE application details. My question is:
1. Should I put A's name and address in the Employer section? If so, everything will be in USA, then it can't prove I am working in Canada. They don't have an office in Canada. Or can I put A's name in the employer name field and use B's address in the address field?

2. From whom should I get the Reference Letter? Company A knows nothing about my work and duty. If I asked my B manager to issue an letter for me, I think he will help me. Or should I provide two letters from both A and B and write an explanation letter to explain my situation to the visa officer?

Can anyone please help! Thank you!
Hi,

Looks like Company A is your Employer while Company B is your Client.

In this case, Company A is where you are actually employed with your Payroll and all other things associated with your employment.

You have to put in Company A's address, however you can state in the Letter of Explanation that your Client is Company B, also, get some letters proving that you are working for this client being Company B.

Get reference letters from both Company A and B that proves your employment with the client. Make sure you carry supporting documents that show that the Client location of Company B is in Canada.

Also, Company A should know your basic tasks, I am assuming since Clients dont share all information. Get letters from both Company A and B.


Goodluck!


Dan
 
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MWCW2018

Star Member
Aug 28, 2018
53
55
Hi everyone,

I signed the contract with company A (workforce solution company) as a software developer, which is in USA. But I have been physically working for company B for more then one year in Canada.

Company A: handling all my payroll and T4, nothing more.
Company B: my tasks are assigned by Company's B manager, I work with him in Canada and directly report to him.

I know I am A's employer in terms of legal perspective. B is just A's client.

I am filling the EE application details. My question is:
1. Should I put A's name and address in the Employer section? If so, everything will be in USA, then it can't prove I am working in Canada. They don't have an office in Canada. Or can I put A's name in the employer name field and use B's address in the address field?

2. From whom should I get the Reference Letter? Company A knows nothing about my work and duty. If I asked my B manager to issue an letter for me, I think he will help me. Or should I provide two letters from both A and B and write an explanation letter to explain my situation to the visa officer?

Can anyone please help! Thank you!
I was in an identical situation. I was paid by a similar company A. All of my duties were for company B. I had a company B email address. I represented company B at meetings.

I listed company A as my employer on my PR application. I received ITA in 2018 and PR in 2019. So based on my successful experience, you should list the company that you are actually paid by as your employer.
 
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guanyihe

Full Member
Feb 23, 2019
26
11
Hi,

Looks like Company A is your Employer while Company B is your Client.

In this case, Company A is where you are actually employed with your Payroll and all other things associated with your employment.

You have to put in Company A's address, however you can state in the Letter of Explanation that your Client is Company B, also, get some letters proving that you are working for this client being Company B.

Get reference letters from both Company A and B that proves your employment with the client. Make sure you carry supporting documents that show that the Client location of Company B is in Canada.

Also, Company A should know your basic tasks, I am assuming since Clients dont share all information. Get letters from both Company A and B.


Goodluck!


Dan
Hi Dan,

Thanks so much for the reply. I am sure my manager from Company B(client company) will give me a reference letter including job duties, salary, etc, he is really nice to me. I will get letters from both A and B.

But company A's address is in US on my T4 and paystubs (but indicating the currency is CAD). Would it be OK to provide these documents with the Letter of Explanation?

Thanks
Luke
 

guanyihe

Full Member
Feb 23, 2019
26
11
I was in an identical situation. I was paid by a similar company A. All of my duties were for company B. I had a company B email address. I represented company B at meetings.

I listed company A as my employer on my PR application. I received ITA in 2018 and PR in 2019. So based on my successful experience, you should list the company that you are actually paid by as your employer.

Hi MWCW2018,

I appreciate your reply. Were both of your companies A and B in Canada? So you got everything work experience related documents from Company A right?

My issue is my company A is in US (they don't have the office in Canada), if I put A's address in the work experience, the system will not count it as a Canada work experience. I work in B's office everyday in Canada. Can I use Company A's name as the employer and B's address in the address field when filling the form?

Thanks for your time,

Luke
 

dauntless84

Hero Member
Sep 25, 2017
244
38
Hi Dan,

Thanks so much for the reply. I am sure my manager from Company B(client company) will give me a reference letter including job duties, salary, etc, he is really nice to me. I will get letters from both A and B.

But company A's address is in US on my T4 and paystubs (but indicating the currency is CAD). Would it be OK to provide these documents with the Letter of Explanation?

Thanks
Luke

To answer your question if that would be okay, I would certainly think so. But, I am not the Officer ultimately to decide that.

I am sure that if you provide supporting documents that state your Employer's information along with the client details, where you also said it was in CAD$, you should be fine if the documents prove that you worked in Canada. Also, you can add your residential proof in the documents, maybe your parking receipt if that was a monthly basis and add that in the LOE so that the Officer is convinced about your actual physical presence and work in Canada. What ever documents you can prove to the Officer can always be helpful, it would only make your application stronger.


Dan
 

guanyihe

Full Member
Feb 23, 2019
26
11
To answer your question if that would be okay, I would certainly think so. But, I am not the Officer ultimately to decide that.

I am sure that if you provide supporting documents that state your Employer's information along with the client details, where you also said it was in CAD$, you should be fine if the documents prove that you worked in Canada. Also, you can add your residential proof in the documents, maybe your parking receipt if that was a monthly basis and add that in the LOE so that the Officer is convinced about your actual physical presence and work in Canada. What ever documents you can prove to the Officer can always be helpful, it would only make your application stronger.


Dan
Hi Dan,

My last question is how should I fill the address in EE application form?
if I use A's address, everything is in US and the system won't recognize it as a Canada work experience? Can I use A's name as employer and B's address as office address or just put A's info and explain it in the Letter? ?

Thanks for your patience to answer my questions:),

Luke
 

dauntless84

Hero Member
Sep 25, 2017
244
38
Hi Dan,

My last question is how should I fill the address in EE application form?
if I use A's address, everything is in US and the system won't recognize it as a Canada work experience? Can I use A's name as employer and B's address as office address or just put A's info and explain it in the Letter? ?

Thanks for your patience to answer my questions:),

Luke

Luke,

You are welcome to ask anything :) . Hmm, I honestly dont know. But, if I were you, I would probably do the same thing you mentioned and state that in the LOE.


Hope to get some responses from others who might have experienced this.


Dan
 

guanyihe

Full Member
Feb 23, 2019
26
11
Hi MWCW2018,

I appreciate your reply. Were both of your companies A and B in Canada? So you got everything work experience related documents from Company A right?

My issue is my company A is in US (they don't have the office in Canada), if I put A's address in the work experience, the system will not count it as a Canada work experience. I work in B's office everyday in Canada. Can I use Company A's name as the employer and B's address in the address field when filling the form?

Thanks for your time,

Luke
@MWCW2018, can you help me out? Thank you so much