Can i use a letter from employer to prove work xperience on contract employment?

[tp_marina]

Hi. I have worked remotely for a company in the USA for the past 2+ years. I don't live in the USA, and my employment is based on a contract - i'm not effectively an employee, although I work for them full-time.

I'm still gathering my documents so I haven't tried applying to the pool yet, but I read about the proof of work experience and I'm a bit worried. Do they deliberately ask you whether you are an employee or self-employed?
I know that contract employment fits self-employment, but since I have only worked for this same company, it would be easy to ask them to write a letter with the information that CIC asks (they would probably point out that I work on a contract, but all the other information would be there).

On the other hand, it would be very difficult to prove my work as self-employment, they probably would not accept what I have (I usually didn't receive the money directly on my bank account and only recently opened a company, for the most part I didn't have one because of the bureaucracy involved in my country).

So my question is: would CIC accept a letter of employer even though I'm not effectively and employee, but do work only for them and on a full-time basis?

Thanks!!

 

[ntwkengg]

Hi. I have worked remotely for a company in the USA for the past 2+ years. I don't live in the USA, and my employment is based on a contract - i'm not effectively an employee, although I work for them full-time.

I'm still gathering my documents so I haven't tried applying to the pool yet, but I read about the proof of work experience and I'm a bit worried. Do they deliberately ask you whether you are an employee or self-employed?
I know that contract employment fits self-employment, but since I have only worked for this same company, it would be easy to ask them to write a letter with the information that CIC asks (they would probably point out that I work on a contract, but all the other information would be there).

On the other hand, it would be very difficult to prove my work as self-employment, they probably would not accept what I have (I usually didn't receive the money directly on my bank account and only recently opened a company, for the most part I didn't have one because of the bureaucracy involved in my country).

So my question is: would CIC accept a letter of employer even though I'm not effectively and employee, but do work only for them and on a full-time basis?

Thanks!!

no they will not accept their letter for contract job also you were doing remotely so they will reject it.....

 

[tp_marina]

no they will not accept their letter for contract job also you were doing remotely so they will reject it.....

It's a programming job, it's very common to have remote progrmaming jobs, why would they reject it for being remote?

 

[Asivad Anac]

If that employer agrees to issue a reference letter which explicitly mentions that you worked for them on a full-time basis (at least 30 hours/week) in addition to your job responsibilities and compensation/salary, you'e good to go. Reference letters usually don't need to explicitly mention the exact city of employment so if both of you were in the same country the employer can mention just the country in the letter and that takes care of the location problem.

Technically, this won't be lying but modifying the truth and if the employer plays along with you on this, you won't have to worry about the self-employment route. However, it is critical that you and that employer remain in sync throughout the process on the odd chance that CIC calls them to make inquiries - remote chance but non-zero probability nonetheless.

All the best!

 

[tp_marina]

If that employer agrees to issue a reference letter which explicitly mentions that you worked for them on a full-time basis (at least 30 hours/week) in addition to your job responsibilities and compensation/salary, you'e good to go. Reference letters usually don't need to explicitly mention the exact city of employment so if both of you were in the same country the employer can mention just the country in the letter and that takes care of the location problem.

Technically, this won't be lying but modifying the truth and if the employer plays along with you on this, you won't have to worry about the self-employment route. However, it is critical that you and that employer remain in sync throughout the process on the odd chance that CIC calls them to make inquiries - remote chance but non-zero probability nonetheless.

All the best!

Hi Asivad, thank you very much for your reply.

I'm on a different country than the company though do you think that would be a problem? Does CIC really reject remote work?
I'm a programmer and it's very common for programmers to work for companies in other countries.

 

[Asivad Anac]

Hi Asivad, thank you very much for your reply.

I'm on a different country than the company though do you think that would be a problem? Does CIC really reject remote work?
I'm a programmer and it's very common for programmers to work for companies in other countries.

They don't reject cases where you can prove genuine paid employment - remote or otherwise. I gave a workaround for the location assuming you were in the same country as the employer but it doesn't matter even if you were in different countries.

If the employer can give you a valid reference letter in English (though it doesn't explicitly call you an 'employee' as that would involve lying) but otherwise mentions that you worked for/with them on a full-time basis from location X on a certain job function/title (job responsibilities need to match most of the main duties of your chosen NOC), from a particular date to another date (or ongoing), for 30 hours/week or more and that you were paid for it, that would suffice as well. This information needs to be on the company letterhead, dated recently and signed by the authorized signatory at that organization.

 

[jes_ON]

Hi. I have worked remotely for a company in the USA for the past 2+ years. I don't live in the USA, and my employment is based on a contract - i'm not effectively an employee, although I work for them full-time.

I'm still gathering my documents so I haven't tried applying to the pool yet, but I read about the proof of work experience and I'm a bit worried. Do they deliberately ask you whether you are an employee or self-employed?
I know that contract employment fits self-employment, but since I have only worked for this same company, it would be easy to ask them to write a letter with the information that CIC asks (they would probably point out that I work on a contract, but all the other information would be there).

On the other hand, it would be very difficult to prove my work as self-employment, they probably would not accept what I have (I usually didn't receive the money directly on my bank account and only recently opened a company, for the most part I didn't have one because of the bureaucracy involved in my country).

So my question is: would CIC accept a letter of employer even though I'm not effectively and employee, but do work only for them and on a full-time basis?

It's OK to be self-employed for foreign (non-Canadian) work experience. It does require a little more effort to document it, but many people are successful in doing so.

As Asivad noted, it largely depends what the company is willing to put into writing. In my experience, if you are personal services contractor, no US company will state otherwise (they will not say you were "employed" because you were not - you were contracted).

You will still need a letter from them, in any case, with all the relevant details (modified to fit your situation).

Then you will need to write a letter of explanation about your self-employment experience, and list the documents you can provide as proof. It is not unusual that personal services contractors are not incorporated, don't worry about that. The fact that you have recently incorporated is just a bonus - include a copy of that document.

Since the company is in the USA, you should have received a 1099-Misc income tax document from the company for every year you worked as a contractor. That is a very substantial document to prove your self-employment.

Your signed contracts with the company are proof. If you had to invoice the company to get paid, your invoices are proof.

 

[tp_marina]

They don't reject cases where you can prove genuine paid employment - remote or otherwise. I gave a workaround for the location assuming you were in the same country as the employer but it doesn't matter even if you were in different countries.

If the employer can give you a valid reference letter in English (though it doesn't explicitly call you an 'employee' as that would involve lying) but otherwise mentions that you worked for/with them on a full-time basis from location X on a certain job function/title (job responsibilities need to match most of the main duties of your chosen NOC), from a particular date to another date (or ongoing), for 30 hours/week or more and that you were paid for it, that would suffice as well. This information needs to be on the company letterhead, dated recently and signed by the authorized signatory at that organization.

It's OK to be self-employed for foreign (non-Canadian) work experience. It does require a little more effort to document it, but many people are successful in doing so.

As Asivad noted, it largely depends what the company is willing to put into writing. In my experience, if you are personal services contractor, no US company will state otherwise (they will not say you were "employed" because you were not - you were contracted).

You will still need a letter from them, in any case, with all the relevant details (modified to fit your situation).

Then you will need to write a letter of explanation about your self-employment experience, and list the documents you can provide as proof. It is not unusual that personal services contractors are not incorporated, don't worry about that. The fact that you have recently incorporated is just a bonus - include a copy of that document.

Since the company is in the USA, you should have received a 1099-Misc income tax document from the company for every year you worked as a contractor. That is a very substantial document to prove your self-employment.

Your signed contracts with the company are proof. If you had to invoice the company to get paid, your invoices are proof.

Thanks for the replies! I hope I can get them to *not* say that I was/wasn't and employee, just state that I worked with them as Asivad mentioned. If they don't agree to do this then I'll try to prove self-employment, thanks for the information jes_ON, I'm less worried (or freaking out) now haha.

One further question: if I can provide the letter but they decide that it's not enough proof, would they reject my application or just ask for more proof? Because afaik this is only assessed after I get an ITA and go through all the process, i would hate to have to start all over again if they decide that they need more proof.

 

[jes_ON]

One further question: if I can provide the letter but they decide that it's not enough proof, would they reject my application or just ask for more proof? Because afaik this is only assessed after I get an ITA and go through all the process, i would hate to have to start all over again if they decide that they need more proof.

I would say "it depends," partly on what is deemed missing, and partly on the VO. If the VO overall thinks you have a strong application, they may ask for additional info. At the same time, any deficiency could be used by the VO to refuse your application outright, as it is up to you to provide a complete application.

My advice would be to make your application as strong as possible the first time. But if it is refused the first time, understand it has happened to a lot of very good applicants before you, hopefully you'll remain eligible and apply again.