Confused about requirements

[Vectroid]

Hi everyone,

I've been reading the forum for a while now but I am still a little bit confused about certain requirements regarding the PR application.

I'll explain my situation first. I've been in Canada for 4 years now. I'm still in Canada and have not left for home ever since. I arrived here in 2007 and studied an advanced diploma program for 3 years. After that I applied for the Post Graduate Work Permit and received it in June 2010. I have been working since then at a company who hired me as a full-time contractor, which basically means I pretty much work 37.5hr a week but do not get a T4 slip every year (Not sure if this qualifies me as "employee"). Also on the side I have been working as a self employed person on several different contracts (totaling 1+ yr of work experience). Now reading the threads here got me a bit scared as the impression I got was that I was not eligible to apply for CEC? Can anyone confirm this for me?

Also, do I still need an English proficiency test certificate and a police certificate even though I have been away from my country for 4 years and the certificate would pretty much be the same as the one they got when I applied for a study permit?

Sorry if this has been asked before, this is a bit overwhelming. I found myself asking more and more question the more I dive into these forums... Thank you all for your time replying to my questions.

 

[Leon]

I do not know if you are allowed to use experience as a self-employed for CEC. You could try the call centre to ask about that or maybe somebody here knows.

As for IELTS, yes, you need one. Everybody needs one. Those are the rules.

 

[PMM]

Hi

I do not know if you are allowed to use experience as a self-employed for CEC. You could try the call centre to ask about that or maybe somebody here knows.

As for IELTS, yes, you need one. Everybody needs one. Those are the rules.

Self Employment doesn't count as work experience for CEC.

 

[Vectroid]

Hello all,

Just giving an update on my situation. I went ahead and called the call center and proceeded to give an explanation of my situation and the person replied that my experience as a full time contractor still counts, as long as my profession was listed in the NOC (which it is) and that I can show that I fully paid my taxes and such. While it was a very positive call, I'm still in doubt as I have seen 2 instances of our fellow people here on these forums saying it is would not pass through. I think I'm still gonna give it a go and see what gives. I shall keep you posted on this.

EDIT: It looks like I got one more reply on this thread before posting this message. Hmm, now it's 3 person saying it's not gonna work vs 1. Do you think I should try?

 

[Leon]

Actually, looking at the OP25 for CEC, you will find this:

9.11. Work experience

For the Temporary Foreign Worker Stream, the applicant must have 24 months of fulltime equivalent Canadian skilled-work experience at NOC 0, A or B acquired in Canada, within the 36 months preceding the date their application is made.

For the Post-Graduation Stream, the applicant must have obtained 12 months of fulltime equivalent Canadian skilled-work experience within the 24 months preceding the date of application [R87.1(2)(a)(i)-(ii)]. This experience must be acquired after they have completed the required program of study and obtained a Canadian educational credential. (Work performed under the Off-Campus Work Permit Program or on a co-op work term does not count).

The applicant does not have to be employed at the time of application, but they must have temporary status during the period of work experience [R87.1(3)(b)].

Any periods of self-employment or unauthorized work will not be included in calculating the period of work experience [R87.1(3)(b)].

So the call centre says it will work and OP25 says no. I would be inclined to think that the visa officer goes with OP25. It is however possible that they will see it differently if you were a contractor working almost as an employee for one client as opposed to being a self-employed freelancer working for many clients. Of course you can try to apply, I have no idea what the odds are. $500 to lose or PR to gain.

 

[scylla]

Here's a recent post from someone who was refused CEC because they were self employed:

http://www.canadavisa.com/canada-immigration-discussion-board/i-was-refused-by-cec-because-i-am-selfemployed-t70490.0.html

 

[Vectroid]

His story is a little bit different from mine. It looks like he actually created and managed his own business as an individual whereas I have been working practically as an employee in an office environment using the company's own equipment. I'll keep my hopes down but I'll still do some further research to see what more I can learn from it. I still have 2 more years on my Post Grad work permit so I know all is not lost. I also created a company together with a canadian citizen a year ago though I imagine there's no other real solution that can take that as an advantage. Thanks for the heads up! I'll update here if I find anything else.

 

[rjessome]

Self employment does NOT count towards CEC. The call centre agent is a clerk, not a visa officer processing files. If you apply for CEC now with your current work experience as a self-employed contractor, you WILL be refused. Sorry. If you want to apply for PR now, check to see if you qualify as an FSW under the points system and if you have experience in one of the 29 occupations. If that doesn't work, like you said, you have 2 more years on your WP so get someone to hire you in a skilled position.

 

[Vectroid]

After some searching it looks like the self employed class would be most suitable for me although I'd have to wait an extra year. At first I misunderstood their term "cultural activities" and ignored that option but it seems like my profession, visual artist / graphic designer somehow fits under cultural activities. Either way way it looks like it might actually work out. I'm just glad it looks like I do not have to quit my current job for a new one. Thanks for your help everyone.

 

[scylla]

Good luck!

 

[Vectroid]

Thank you.

Dunno if I should post this here but I sent a letter to the people at (incaninc) yesterday in the hopes of getting more info on the matter and here's a reply I got a few moments ago:

Quote:

"Hi Victor,

Many thanks for your email and your kind words that help motivate us more ! Further to your query, as a contractor you are also eligible to claim the work experience under CEC, however, you will need complete timesheets ( to prove the 37.5 hours), paystubs and the T4A as well as the assignment and reference letter. Many companies go the contractor route instead of hiring due to liabilities. It is a bit tricky and you may want to think of retaining asomeone for your file."

Seems like it's a gray tricky area. Info nonetheless. I'll just dump info here as I found out more either route I choose to go with. Who knows, it might help others in similar situations.

 

[flag2009]

this is confusing. If i work for a company full time (37.5) but not a permanent staff, under contract for a specific period, i also pay tax (money is deducted every week from my pay check, and i get T4 every year), is that self-employed?

 

[Vectroid]

You actually get a T4 slip (are you sure it's not T4A?) and you work in an office environment, to me it does not sound like a self employed situation but don't take my word for it. I think just by having your T4 ready it's a substantial plus. I'd ask the others around here they seem to be more knowledgeable about this. It seems T4As are more commonly distributed by company who don't use the payroll system.

 

[jes_ON]

this is confusing. If i work for a company full time (37.5) but not a permanent staff, under contract for a specific period, i also pay tax (money is deducted every week from my pay check, and i get T4 every year), is that self-employed?

No, you are contract STAFF. That means you have an employee relationship with your employer, they handle statutory deductions, you probably receive benefits from them. Self-employed do not receive benefits, and have to pay their own taxes (not deducted from paystubs), and are not considered "staff" or employees of the organization.

 

[flag2009]

thanks jes_On, i applied to CEC as a contract staff, just wanted to be sure.