CEC - part time job with T4A

[Anna Ngac]

Hello everyone,

I worked part time as a medical administrative assistant for a clinic for around 5.5 months. After that, my employer offered me a full time job for the same position.
However, during the part time there, my boss paid me without deducting the tax. at the end of the year, the T4A form was given and I had to pay tax by myself.

So my question is can I count that part time period toward my Canadian work experience? given that my tasks were performed at employer's clinic, working hours were based on opening hours of the clinic, and under my boss's direction.

Really appreciate your help!

 

[k.h.p.]

You were paid as self-employed.

 

[Anna Ngac]

You were paid as self-employed.

Thanks for your prompt reply K.H.P,
I read this information on canada.ca website about CEC:
"Factors to consider – employee vs. self-employed
In determining whether an applicant under the CEC was an employee or a self-employed individual during their period of qualifying work experience in Canada, CIC officers should consider factors such as :

• the degree of the worker’s control or autonomy in terms of how and when work is performed, and the method(s) used to do the work;
• whether the worker owns and/or provides tools and equipment to accomplish the work;
• the degree to which the worker has to perform the work personally and whether the worker has the option of subcontracting work or hiring others to help and assist with completing the work;
• the degree of financial risk assumed by the worker, including whether the worker is required to make any investment in order to complete the work or provide the service and whether the worker is free to make business decisions that affect his/her ability to realize a profit or incur a loss (as opposed to the opportunity to earn commissions or other productivity bonuses); and
• any other relevant factors, such as written contracts."

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html

And it says only if the applicant is not sure whether he/she is employed or self-employed and does not provide evidence for the documents above, then the applicant and request a ruling from CRA.

 

[k.h.p.]

If your employer paid you as self-employed and you request a ruling from the CRA, your employer may be fined for illegally paying you as a contractor rather than an employee.

If you are an employee by the CRA's definitions, your employer should have paid a number of taxes on your wages. They didn't, so they broke the law.

Referring them to CRA for a review of your status for CEC may get them in trouble.

 

[canuck_in_uk]

Hello everyone,

I worked part time as a medical administrative assistant for a clinic for around 5.5 months. After that, my employer offered me a full time job for the same position.
However, during the part time there, my boss paid me without deducting the tax. at the end of the year, the T4A form was given and I had to pay tax by myself.

So my question is can I count that part time period toward my Canadian work experience? given that my tasks were performed at employer's clinic, working hours were based on opening hours of the clinic, and under my boss's direction.

Really appreciate your help!

You would likely be fine to apply for CEC but you really should request a ruling by CRA. It sounds like your employer is evading payroll deductions by listing employees as contractors.

 

[Anna Ngac]

If your employer paid you as self-employed and you request a ruling from the CRA, your employer may be fined for illegally paying you as a contractor rather than an employee.

If you are an employee by the CRA's definitions, your employer should have paid a number of taxes on your wages. They didn't, so they broke the law.

Referring them to CRA for a review of your status for CEC may get them in trouble.

Yes, you are right K.H.P! my employer might face fine if I request a ruling from CRA, and I dont want to get my boss in trouble either.
I am thinking if I can write an explanation letter to prove my employer - employee relationship instead of requesting a ruling from CRA.
Otherwise I may need to wait for one year of my full time work. But at that time, it will be very near my birthday (means my score will drop) and also my number of working experience in my home country also drop.

By the way, do you guys know if after getting an invitation to apply, one month later, my age increases and my foreign work experience years drop, does it affect my Express Entry score? or as long as I receive an invitation to apply, they dont care about the change in my score afterwards?

Thank you!

 

[Anna Ngac]

You would likely be fine to apply for CEC but you really should request a ruling by CRA. It sounds like your employer is evading payroll deductions by listing employees as contractors.

Thanks for your reply Canuck! yes, I just knew today that for my case, they should have hire the accountant to do the pay roll and deduct tax for me. My lack of employment law understanding now created me an issue when I want to apply for PR.
I just dont want to put my boss in trouble because I am still working with her.

 

[canuck_in_uk]

Thanks for your reply Canuck! yes, I just knew today that for my case, they should have hire the accountant to do the pay roll and deduct tax for me. My lack of employment law understanding now created me an issue when I want to apply for PR.
I just dont want to put my boss in trouble because I am still working with her.

Unfortunately, if you request a ruling from CRA, she will have trouble. However, it is still something you should do to make your CEC app stronger.

 

[Copingwithlife]

Yes, you are right K.H.P! my employer might face fine if I request a ruling from CRA, and I dont want to get my boss in trouble either.
I am thinking if I can write an explanation letter to prove my employer - employee relationship instead of requesting a ruling from CRA.
Otherwise I may need to wait for one year of my full time work. But at that time, it will be very near my birthday (means my score will drop) and also my number of working experience in my home country also drop.

By the way, do you guys know if after getting an invitation to apply, one month later, my age increases and my foreign work experience years drop, does it affect my Express Entry score? or as long as I receive an invitation to apply, they dont care about the change in my score afterwards?

Thank you!

You writing a letter explaining the situation won’t cut it , you need to request an official ruling from the CRA, and that needs to be done by June 30, for the previous year, which I’m imagining is 2019
More than likely she’ll face a trust exam on her payroll account , and will have to pay any payroll taxes due, plus interest - penalties
Note those payroll taxes EI, CPP support the social benefits of the country YOU want to be apart of , live , settle
Why should she get off scott free from paying into the system , when so many other employers are paying into it ?
Note - you do realize that if god forbid you got sick you wouldn’t be covered by sickness benefits since you haven’t paid into them

 

[Anna Ngac]

You writing a letter explaining the situation won’t cut it , you need to request an official ruling from the CRA, and that needs to be done by June 30, for the previous year, which I’m imagining is 2019
More than likely she’ll face a trust exam on her payroll account , and will have to pay any payroll taxes due, plus interest - penalties
Note those payroll taxes EI, CPP support the social benefits of the country YOU want to be apart of , live , settle
Why should she get off scott free from paying into the system , when so many other employers are paying into it ?
Note - you do realize that if god forbid you got sick you wouldn’t be covered by sickness benefits since you haven’t paid into them

Thanks for your info! yes, the T4A is for tax year 2018 so if it needs to be done by June 30, it is over due date

 

[Copingwithlife]

Thanks for your info! yes, the T4A is for tax year 2018 so if it needs to be done by June 30, it is over due date

Will she be issuing you a T4A for the 2019 year?

 

[Anna Ngac]

Will she be issuing you a T4A for the 2019 year?

yes, I worked part time for 3 months in 2018 and 3 months in 2019. I just started a full time job recently. last year I received a T4A for the income from 2 months in 2018. I think I will get another T4A for the part time period of 2019 too.
I was new to the labour market here and did not know that even for part time, the employer still need to deduct tax.
and actually since my total income for year 2019 is less than $12,000 so for the two month working full time, my employer only deducted the EI and CPP, not tax.