CEC for working as a sole proprietor in a company

[Badal_11]

Hello Everyone
i have completed my 2 years diploma (chemical laboratory technician) from community college and right now i am working in laboratory as a laboratory technician.
My NOC no. is 2211. I am doing all the duties as mention in NOC. I am working for my company through an agency and that agency pay me as a sole proprietor. However i am full time employee for agency but they pay me as a sole proprietor. I am getting my T4 but agency only diducting the CPP they are not deducting my taxes. I am paying my taxes at the end of the year. I have already completed 12 months with this job. My agency is ready to give me my employment letter with all the duties.
In this case i don't have my own business but i am just working for a agency as a sole-proprietor.

So can i apply under CEC with this job?

Please help me out this case.

Thanking of you.

 

[PMM]

Hi

Hello Everyone
i have completed my 2 years diploma (chemical laboratory technician) from community college and right now i am working in laboratory as a laboratory technician.
My NOC no. is 2211. I am doing all the duties as mention in NOC. I am working for my company through an agency and that agency pay me as a sole proprietor. However i am full time employee for agency but they pay me as a sole proprietor. I am getting my T4 but agency only diducting the CPP they are not deducting my taxes. I am paying my taxes at the end of the year. I have already completed 12 months with this job. My agency is ready to give me my employment letter with all the duties.
In this case i don't have my own business but i am just working for a agency as a sole-proprietor.

So can i apply under CEC with this job?

Please help me out this case.

Thanking of you.

No, you would be classified as self employed, therefor not eligible.

 

[thisisauser]

Hello Everyone
i have completed my 2 years diploma (chemical laboratory technician) from community college and right now i am working in laboratory as a laboratory technician.
My NOC no. is 2211. I am doing all the duties as mention in NOC. I am working for my company through an agency and that agency pay me as a sole proprietor. However i am full time employee for agency but they pay me as a sole proprietor. I am getting my T4 but agency only diducting the CPP they are not deducting my taxes. I am paying my taxes at the end of the year. I have already completed 12 months with this job. My agency is ready to give me my employment letter with all the duties.
In this case i don't have my own business but i am just working for a agency as a sole-proprietor.

So can i apply under CEC with this job?

Please help me out this case.

Thanking of you.

There is a distinction between contractor and self-employed/incorporated/sole-proprietor.

It seems to me that you are not actually incorporated but you are working as a contractor for company A through staffing agency B? Staffing agency fills contract positions for company A (among other companies) on a regular basis and they handle HR and process payments.

If you have a proper contract in place and either staffing agency or the company are willing to write the letter I see no problem.

 

[jes_ON]

In this case i don't have my own business but i am just working for a agency as a sole-proprietor.

"Sole proprieter" means you are the one and only owner of your business.... self-employed....

 

[Badal_11]

thakyou so much for your reply to everyone.
I just want to confirm one thing that my employment letter and reference letter doen't showing that i am working as a sole-proprietor. the matter is only about the taxes deduction. They are deducting my CPP and EI but they are not deducting my taxes.

So, if i will get the letter from the agency in a positive way than it will work or not?

Please help with this. i hope i will get positive reply.

Thanking of you.

 

[thisisauser]

thakyou so much for your reply to everyone.
I just want to confirm one thing that my employment letter and reference letter doen't showing that i am working as a sole-proprietor. the matter is only about the taxes deduction. They are deducting my CPP and EI but they are not deducting my taxes.

So, if i will get the letter from the agency in a positive way than it will work or not?

Please help with this. i hope i will get positive reply.

Thanking of you.

Make sure it's on the official letterhead (not faxed, B&W print, etc.), is properly formatted to the attention of CIC and dated and signed by HR or someone you report to directly. Attached the business card of that person to the letter and most importantly do not forget the list of duties, number of hours/week and salary/wage.

Read the Document Checklist in case I forgot to mention something.

 

[jes_ON]

the matter is only about the taxes deduction. They are deducting my CPP and EI but they are not deducting my taxes.

So, if i will get the letter from the agency in a positive way than it will work or not?

The tax documents that you are required to submit (T4/T4A, Notice of Assessment) will show this, there is no way to "hide" this if that is what you are thinking.

But since you don't like the answers we are giving, you are free to gamble and apply anyway... Good luck and let us know how it goes.

 

[jsm0085]

It's very vey confusing that any "employer", agency or not, would go to the bother of deducting CPP and EI without dealing with income tax. Are you sure you only get a T4 or does it only show part of your income?

Does your T4 state the total amount you have earned for 2012 and show 0 next to income tax section?

 

[Badal_11]

Hi JES
Thank you very much for your advise. It's not like that i don't like your answers. i will gonna put my all the documents. i just wanna say that if i will get full time employment letter from agency than the sole-proprietor word will not be excits anywhere but only the T4 and my pay slips can show that my taxes are not deducting. So the point is if tax is not deducting that means i am self-employed??
Jes... don't feel bad. i am very tense because of this eligibility. if it isn't work than my 1 year will be waste.
Hoping for the best......
Thanking of you.

 

[scylla]

So the point is if tax is not deducting that means i am self-employed??

Correct.

 

[Badal_11]

Hi JSM
Thanks for your reply. yes, you are wright that my T4 says only total amount of money i earned, CPP and EI. It shows zero in income tax box.

 

[thisisauser]

Hi JSM
Thanks for your reply. yes, you are wright that my T4 says only total amount of money i earned, CPP and EI. It shows zero in income tax box.

You can also review this CRA guide:

Employee or Self-Employed?
http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-12e.pdf

You can also call them at 1-800-959-5525 to explain your situation and get a definitive answer.

 

[Badal_11]

Hey thisisuer...
Thank a lot for the link.... i think i will get so much from that.....
Thank you very much

 

[jes_ON]

Hi JES
Thank you very much for your advise. It's not like that i don't like your answers. i will gonna put my all the documents. i just wanna say that if i will get full time employment letter from agency than the sole-proprietor word will not be excits anywhere but only the T4 and my pay slips can show that my taxes are not deducting. So the point is if tax is not deducting that means i am self-employed??
Jes... don't feel bad. i am very tense because of this eligibility. if it isn't work than my 1 year will be waste.
Hoping for the best......

LOL, I wouldn't "like" that answer either, and I certainly understand the stress and wanting to believe otherwise. But If PMM says it, you have to take it seriously. I'm cranky with the employers that do this to people like you... I hope you find a way to make it work, but ...

 

[jes_ON]

These might help explain things --

http://www.canadaone.com/ezine/oct11/independent_contractor_guide.html

www.dg.ca/media/109898/contractorfaqupdatejul07.pdf

Basically, you are self-employed but because you go through an agency, there are special rules and the agency has to deduct the CPP/EI, because you are considered "pensionable and insurable." That's strange indeed, kind of hybrid status.

I suspect that no matter what, CIC will consider it self-employed and therefore not eligible (under CEC class). But it might not hurt to go for a consultation with an immigration lawyer.