I had the situation where my employer and his consultant were misguiding me for years, telling me that it is ok to be self-employed as sole proprietorship. They were guiding me to apply for PR under self employed category. Before I submitted my application for PR under Self-employed category, the consultant was guiding me to apply for Open Work Permit as self employed. After three refusals, I realized that I am doing wrong, the relationship with them went down and I took everything in my hands. Took me half of year and even longer to learn and understand what they did. In mean time I DID apply for PR under Self employed category. My application was 4 inches thick! Very neatly sorted out, carefully prepared, explained etc. And they DID try to charge my credit card to start processing it!
However, I had to make difficult decision: keep Self-employed in the process OR cancel it and apply under CEC.
The thing is: it is NOT legal to act as self employed, while under TFWP employer specific.
Also, once positive LMO or LMIA is issued, employer or you can not change the conditions or wave any benefits or any part of the LMIA unless new LMIA is issued.
Now, if you have T4 - you are employed! Not self-employed.
Another thing: Revenue Canada has very specific regulations about determining who is self-employed and who is employee
Means: let's say in my case, even my employer did not provide me with T4, once the investigation is finished, he will be charged for not complying with the law, breaching the contract etc. based on guidelines you can find in the link I posted above.
If your boss is telling you: when to come to work, how much you are payed, how long you gonna work, you are working at his premisses, using his tools - you ARE employee and he has to pay for it to you and government.
Request for ruling mentioned in the guidelines above will determine that fact. Carefully, cause you can submit the request for ruling by the (double check this information, please) Jun this year, for last year.
Also, download and read the manual OP-8
It is:... outlines the broad objectives of the Business Immigration Program. It focuses specifically on procedures used at visa offices abroad to process entrepreneurs and self-employed persons.
Now, there is one more thing you can do: apply for LMIA as an employer if you have corporation or sole proprietorship registered. I actually have CIC letters advising me exactly the same thing, when applying for Open Work Permit for self employed. Why? Simply because there is NO Open Work Permit for self employed. My consultant was stupid and did not know what she was doing. But once I cleared that out in the communication with CIC, Service Canada, Industry Canada, Labour Code, Service Ontario, Enterprise Ontario, Human resources and Development Canada...I knew what is going on. And I am not overacting. I did ALL that and have the documentation gathered ready for submitting the claim.
