T4A work experience for CEC ?

[t6e4m8]

Hello everyone,

I just started working part-time for a small business. Job title is skill B. They will only issue T4A and won't deduct any taxes. I'm told to pay my own taxes at the end of year. However, they can provide a reference letter in the future for immigration that indicates I'm a part-time worker working for them. I'm certainly not a contractor or self-employed. I do my job duties based on what I'm told by the business, just like what other employees would do. Does this experience qualify for CEC? Also another question: Are there any ineligible occupations for the CEC under skill A and B?

 

[scylla]

Hello everyone,

I just started working part-time for a small business. Job title is skill B. They will only issue T4A and won't deduct any taxes. I'm told to pay my own taxes at the end of year. However, they can provide a reference letter in the future for immigration that indicates I'm a part-time worker working for them. I'm certainly not a contractor or self-employed. I do my job duties based on what I'm told by the business, just like what other employees would do. Does this experience qualify for CEC? Also another question: Are there any ineligible occupations for the CEC under skill A and B?

If they are going to be issuing a T4A, then you are self-employed and this work experience cannot be counted under CEC. T4As are issued to individuals who are classified as self employed. The fact you do your job duties based on what you are told by the business doesn't automatically make you an employee. Whether you are an employee or self employed doesn't depend on your job duties.

Your employer would need to be deducting taxes and issuing you a T4 in order for this work experience to qualify under CEC.

There are no ineligible occupations under CEC. All A, B and 0 occupations qualify. However you cannot be self employed.

 

[t6e4m8]

If they are going to be issuing a T4A, then you are self-employed and this work experience cannot be counted under CEC. T4As are issued to individuals who are classified as self employed. The fact you do your job duties based on what you are told by the business doesn't automatically make you an employee. Whether you are an employee or self employed doesn't depend on your job duties.

Your employer would need to be deducting taxes and issuing you a T4 in order for this work experience to qualify under CEC.

There are no ineligible occupations under CEC. All A, B and 0 occupations qualify. However you cannot be self employed.

Thank you for the explanation! Do you know what documents are required to prove the work experience? The CEC website only lists the reference letter but says tax slip is recommended. So besides a reference letter and paystub/tax slips, any other documents that are highly recommended?

 

[Copingwithlife]

Hello everyone,

I just started working part-time for a small business. Job title is skill B. They will only issue T4A and won't deduct any taxes. I'm told to pay my own taxes at the end of year. However, they can provide a reference letter in the future for immigration that indicates I'm a part-time worker working for them. I'm certainly not a contractor or self-employed. I do my job duties based on what I'm told by the business, just like what other employees would do. Does this experience qualify for CEC? Also another question: Are there any ineligible occupations for the CEC under skill A and B?

They can provide what ever they want . But if you want to classified as an employee, they’d need to issue you a T4 and take off all deductions an employer/employee relationship has . The reason why they aren’t , is because they don’t want to pay payroll taxes . The CRA frowns upon this .Note to you : if you should ever get sick and or laid off , you would not be able to claim ANY benefits
I’d suggest you file a CPT1
Get a ruling done

https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt1.html

 

[scylla]

Thank you for the explanation! Do you know what documents are required to prove the work experience? The CEC website only lists the reference letter but says tax slip is recommended. So besides a reference letter and paystub/tax slips, any other documents that are highly recommended?

T-slips are highly recommended. If you do not include them and IRCC wants to confirm your employment, they will ask for them.

There is no question that what you are doing now will be classified as self-employment unless you can convince your employer to deduct taxes and issue a T4. I would recommend that you not try to claim this as work experience towards CEC. If you try to claim this work experience towards CEC knowing it doesn't qualify and don't submit your T-slips, then you would want to make sure there is no risk of IRCC classifying this as misrepresentation (i.e. you would just be refused and nother further). I can't comment on that and don't know if there's any risk of that happening (i.e. misrepresentation).

 

[t6e4m8]

They can provide what ever they want . But if you want to classified as an employee, they’d need to issue you a T4 and take off all deductions an employer/employee relationship has . The reason why they aren’t , is because they don’t want to pay payroll taxes . The CRA frowns upon this .Note to you : if you should ever get sick and or laid off , you would not be able to claim ANY benefits
I’d suggest you file a CPT1
Get a ruling done

https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt1.html

Thank you! If I file a ruling, then the government will conduct interviews with my employer related to my job, right? Employer may not be happy about that. So, I'm hesitant about it. But I appreciate your useful tip!

 

[t6e4m8]

T-slips are highly recommended. If you do not include them and IRCC wants to confirm your employment, they will ask for them.

There is no question that what you are doing now will be classified as self-employment unless you can convince your employer to deduct taxes and issue a T4. I would recommend that you not try to claim this as work experience towards CEC. If you try to claim this work experience towards CEC knowing it doesn't qualify and don't submit your T-slips, then you would want to make sure there is no risk of IRCC classifying this as misrepresentation (i.e. you would just be refused and nother further). I can't comment on that and don't know if there's any risk of that happening (i.e. misrepresentation).

Thank you! I think you're right. With a T4A, it's risky to claim the work experience for CEC.

 

[rami3332]

If they are going to be issuing a T4A, then you are self-employed and this work experience cannot be counted under CEC. T4As are issued to individuals who are classified as self employed. The fact you do your job duties based on what you are told by the business doesn't automatically make you an employee. Whether you are an employee or self employed doesn't depend on your job duties.

Your employer would need to be deducting taxes and issuing you a T4 in order for this work experience to qualify under CEC.

There are no ineligible occupations under CEC. All A, B and 0 occupations qualify. However you cannot be self employed.

this is wrong! iam an employee and i get T4A. I contact one of the top lawyers in Toronto and she said the IRCC looks at the job contracts, the slips are not the ones to decide if you are an employee or self-employed!! BESIDES THEY ALSO LOOK AT YOUR CURRENT WORK PERMIT WHICH IS NOT SELF EMPLOYED.

 

[jes_ON]

this is wrong! iam an employee and i get T4A. I contact one of the top lawyers in Toronto and she said the IRCC looks at the job contracts, the slips are not the ones to decide if you are an employee or self-employed!! BESIDES THEY ALSO LOOK AT YOUR CURRENT WORK PERMIT WHICH IS NOT SELF EMPLOYED.

Scylla is correct, T4As are issued to self-employed, and IRCC definitely looks at that (esp. if no other evidence is provided). The work permit is irrelevant, as the OP appears to be on an open work permit. We don't know if the OP has a contract or what it says. Sometimes, applicants are able to make a case that they are de facto employees despite the contractual arrangement - (AKA "dependent contractors"), using the same criteria as you would in requesting a ruling from the CRA, but you would have to make a very strong case. Lawyers are not always successful (but they get paid anyway). I have seen more refusals than successes in attempting this process, but having a lawyer make the case is probably a good thing. The only sure way is to get the CRA ruling (and yes, that can be bad for the employer). Good luck and let us know how it goes.

 

[jes_ON]

Hello everyone,

I just started working part-time for a small business. Job title is skill B. They will only issue T4A and won't deduct any taxes. I'm told to pay my own taxes at the end of year. However, they can provide a reference letter in the future for immigration that indicates I'm a part-time worker working for them. I'm certainly not a contractor or self-employed. I do my job duties based on what I'm told by the business, just like what other employees would do.
It makes you a dependent contractor, in the middle. Although some provinces recognize this category of worker, the CRA (Federal government) does not, you have to be employee or independent contractor. Theoretically, it is possible to make the case to IRCC that you are a de facto employee; most people fail, though.

Also another question: Are there any ineligible occupations for the CEC under skill A and B?
No.

 

[shano_]

T-slips are highly recommended. If you do not include them and IRCC wants to confirm your employment, they will ask for them.

There is no question that what you are doing now will be classified as self-employment unless you can convince your employer to deduct taxes and issue a T4. I would recommend that you not try to claim this as work experience towards CEC. If you try to claim this work experience towards CEC knowing it doesn't qualify and don't submit your T-slips, then you would want to make sure there is no risk of IRCC classifying this as misrepresentation (i.e. you would just be refused and nother further). I can't comment on that and don't know if there's any risk of that happening (i.e. misrepresentation).

How about claiming this work experience under Federal Skilled worker program? does it count?