CEC - Independent Contractor Experience

[alozz]

Hello everybody,

So I know that since independent contractors are technically self-employed, the experience you gain does not count towards CEC applications. However, I am pretty sure my job and working conditions would imply I am actually de-facto employee. Even found the NOC code that would be perfect for the position. I checked on the government website one by one so I am positive on this.

Normally, the next step would be to get ruling from CRA that this is in fact true, to count my work experience. However, since I am in a good standing with my employer, I do not want to "screw" the organization. They even agreed to hold my position for me while I am under visitors visa and waiting for the PR/work permit situation to be resolved. It's a small (operationally) non-for-profit organization that serve a large group of people. Is there anyway that I can skip CRA ruling and still count it towards my experience? Is there anybody who was in this situation and was able to get PR?

They also said they were willing to fill out an LMIA. But it would still be for a contractor position which I do not know if it is doable. Also, I do not think my academic and professional background is necessarily 'rare' or 'sought after'. So I am worried that it would be unsuccessful.

Cannot afford to enroll in another program since I would still have to pay as an international.

Any advice, past experience or assurance would be appreciated. Thank you

 

[scylla]

Hello everybody,

So I know that since independent contractors are technically self-employed, the experience you gain does not count towards CEC applications. However, I am pretty sure my job and working conditions would imply I am actually de-facto employee. Even found the NOC code that would be perfect for the position. I checked on the government website one by one so I am positive on this.

Normally, the next step would be to get ruling from CRA that this is in fact true, to count my work experience. However, since I am in a good standing with my employer, I do not want to "screw" the organization. They even agreed to hold my position for me while I am under visitors visa and waiting for the PR/work permit situation to be resolved. It's a small (operationally) non-for-profit organization that serve a large group of people. Is there anyway that I can skip CRA ruling and still count it towards my experience? Is there anybody who was in this situation and was able to get PR?

They also said they were willing to fill out an LMIA. But it would still be for a contractor position which I do not know if it is doable. Also, I do not think my academic and professional background is necessarily 'rare' or 'sought after'. So I am worried that it would be unsuccessful.

Cannot afford to enroll in another program since I would still have to pay as an international.

Any advice, past experience or assurance would be appreciated. Thank you

You can't skip the CRA bit - that's really what determines if you are self-employed. Do you get a T4 from your employer? Do they pay your employment taxes or do you? That's really the make-it-or-break-it when it comes to how you'll be defined.

 

[alozz]

You can't skip the CRA bit - that's really what determines if you are self-employed. Do you get a T4 from your employer? Do they pay your employment taxes or do you? That's really the make-it-or-break-it when it comes to how you'll be defined.

Thanks for your reply,

As I said, I am technically a contractor so I will do my own taxes and I did not get a T4. But I can make the argument my work relationship is more employer - employee than contractor like the "quote" from the government website. And I can request a ruling from CRA which would mean my organization would be in trouble and would make all contractors, employees and pay the necessary additions etc. So I won't do that, I was wondering if there is an alternative.

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.

 

[scylla]

Thanks for your reply,

As I said, I am technically a contractor so I will do my own taxes and I did not get a T4. But I can make the argument my work relationship is more employer - employee than contractor like the "quote" from the government website. And I can request a ruling from CRA which would mean my organization would be in trouble and would make all contractors, employees and pay the necessary additions etc. So I won't do that, I was wondering if there is an alternative.

I dion't think there's an alternative. You either have a T4 or you are classified as self-employed.

I would wait for others to respond. I'm not aware of a work-around.

 

[Queenslander88]

I was a self-employment sub-contractor (IT) and YES MY VISA WAS APPROVED LAST MONTH... AND I CLAIMED my work experience under the CEC category.
I never applied for CRA ruling, I used a good immigration lawyer, NOT CONSULTANT...

You are fine if
- You can get a letter saying you job duties from the company you work OR the Agency you are through
- Another letter about your Hourly pay) and since when you are working in that organization
- And if the company decided your working schedule like 9-5 etc


With all due respect to Senior members, this forum is good but not many people have proper information on this specific.

I would SUGGEST please use a good immigration lawyer, coz it's like so much paperwork and letters to prove the work experience.....

 

[alozz]

I was a self-employment sub-contractor (IT) and YES MY VISA WAS APPROVED LAST MONTH... AND I CLAIMED my work experience under the CEC category.
I never applied for CRA ruling, I used a good immigration lawyer, NOT CONSULTANT...

You are fine if
- You can get a letter saying you job duties from the company you work OR the Agency you are through
- Another letter about your Hourly pay) and since when you are working in that organization
- And if the company decided your working schedule like 9-5 etc


With all due respect to Senior members, this forum is good but not many people have proper information on this specific.

I would SUGGEST please use a good immigration lawyer, coz it's like so much paperwork and letters to prove the work experience.....

Perfect, thank you very much. I went to an immigration lawyer already, she advised me to apply with a client letter explaining my situation. Can you provide me a comprehensive list of documents you have submitted? I was thinking I would attach a transaction history document to my client letter proving I got paid a wage. I feel like my duties in my reference letter should be enough proof that my experience should count but we will see I guess.

 

[Queenslander88]

Perfect, thank you very much. I went to an immigration lawyer already, she advised me to apply with a client letter explaining my situation. Can you provide me a comprehensive list of documents you have submitted? I was thinking I would attach a transaction history document to my client letter proving I got paid a wage. I feel like my duties in my reference letter should be enough proof that my experience should count but we will see I guess.

Yes, you can use that transaction history as well or if you can get a letter from your client just like I mentioned below. work experience letter: like whats the start date wit job duties and hourly rates and how many hours a week you have been working .(make sure the letter has a logo)

Incorporation documents if you have any

NO T4a or T5(PLEASE NOTE T4 OR WHATEVER ELSE IS NOT MANDATORY) there are other ways to prove...

 

[alozz]

Yes, you can use that transaction history as well or if you can get a letter from your client just like I mentioned below. work experience letter: like whats the start date wit job duties and hourly rates and how many hours a week you have been working .(make sure the letter has a logo)

Incorporation documents if you have any

NO T4a or T5(PLEASE NOTE T4 OR WHATEVER ELSE IS NOT MANDATORY) there are other ways to prove...

Okay, thank you very much! I already have an experience letter with the letterhead. I will apply with an explanation letter, experience letter and a transaction history, hopefully that will be enough. I wrote the explanation letter (client letter) explaining why I think I should qualify under CEC with my lawyer and she seemed hopeful it would work. Fingers crossed!

 

[vmilost]

Hi @alozz - any updates on your CEC application? I’m in a similar situation and would appreciate some further info on how things turned out for you.

 

[alozz]

@vmilost Nope not yet, september10th is the estimated date. I can let you know after if it is not too late.

 

[vmilost]

@alozz thanks for your reply! has the IRCC requested any additional documentation, other than what you submitted initially? I wish you the best of luck!!

 

[alozz]

@vmilost they have not so far. I explained my situation in a client letter I wrote and had my lawyer approve, hopefully that would be enough. Thanks, good luck to you too!

 

[yhemp]

@alozz Hey there, after reading this thread I've found that i'm in a similar position as you were. Just wanted to ask how it all eventuated for you? Thanks

 

[alozz]

@alozz Hey there, after reading this thread I've found that i'm in a similar position as you were. Just wanted to ask how it all eventuated for you? Thanks

It didn't. Applied in march, still waiting, had to move back home and everything.

Yeah COVID but also IRCC really doesn't care

 

[pedro65]

I was a self-employment sub-contractor (IT) and YES MY VISA WAS APPROVED LAST MONTH... AND I CLAIMED my work experience under the CEC category.
I never applied for CRA ruling, I used a good immigration lawyer, NOT CONSULTANT...

You are fine if
- You can get a letter saying you job duties from the company you work OR the Agency you are through
- Another letter about your Hourly pay) and since when you are working in that organization
- And if the company decided your working schedule like 9-5 etc


With all due respect to Senior members, this forum is good but not many people have proper information on this specific.

I would SUGGEST please use a good immigration lawyer, coz it's like so much paperwork and letters to prove the work experience.....

Hi, my case is a bit similar and for almost a year I`ve been working in a Real Estate Office as an Administrative Assistant for 2 Realtors. My bosses just pay me hourly and I work 30h per week, however they said I work as an Independent Contractor. That means all my experience I`m getting as an Adm Assistant will not count towards Canadian Experience Class. However, I fulfill almost all the lines under NOC 1241 Administrative Assistant. I just do not want to screw my bosses with CRA or something, so I`m trying to check with you how you proceeded on that with letters without putting your boss/company into trouble. Please, if you could give some help I will appreciate it A LOT!!!!!

I was thinking of applying under CEC along with a letter explaining but I have the risk of getting rejected and putting my bosses in trouble, I don't want that. I`m just very anxious and nervous about that. Anyways. I`ll look as well to consult an Immigration Lawyer but I know no one here in Vancouver.

Thank you again.