Contract Job Experience confusion

[sidon17]

Yes, it is counted towards the work experience. However, there are certain aspects to a contract employee.

1) Are you incorporated, or through an agency or directly on the payroll with the company on a contract ?

2) If you are incorporated, by definition it is considered as self-employed. There are exceptions to it aswell. You need to understand the nature of your contract whether it is contract-for-services or contract-of-service. You can find out the difference between the two on the hrsdc website. If this doesn't apply to you then you can ignore this.

3) Also since you mentioned you were offered a contract sicne Dec2014, I am correct in saying that it's only been 5 months since you've been working ? Were you working before also ? If you were not working before and you only have this 1 job which is atleast 30 hrs/week then you may not qualify for CEC as you need a minimum of 1 yr work experience.

All the above are speculations at this point. Perhaps if you can shed more light on your overall status, whether or not you have applied to EE already, if yes then what's your score, IELTS score , graduation details etc. Then I can help/suggest you better.


Hi Dilbert,

I am having the same problem. I started my job in Oct.2014 with agency and from May 2015, I am offered a contract from company so can I apply for EE in Oct.2015?

Which documents I would need from agency and which additional documents CIC may ask me to provide for the work expereince

Thank you,

Vinesh

I got like more than 3 years of exper but 2 years as incorporated ..dont get any point ..was thinking of CRA ruling ..
as per the requirement mentioned on the site it doesn't look like i m self employed..not sure how to prove it or matter of fact to claim the exp.any advice would be much appreciated .

Thanks

 

[stevejk]

I got like more than 3 years of exper but 2 years as incorporated ..dont get any point ..was thinking of CRA ruling ..
as per the requirement mentioned on the site it doesn't look like i m self employed..not sure how to prove it or matter of fact to claim the exp.any advice would be much appreciated .

Thanks

Hi sidon17,

Can you confirm that you didn't get any points from Express Entry for your self-employed Canadian work experience? I am thinking of applying and need to know if my incorproated Canadian work experience would gain points.

Thanks

 

[sidon17]

Hey guys.
i have one quick question
i am working as software developer in big company and company policy says that they can not permanent hire
foreign workers so my employer has offered me this position as a contract of 4 month in dec 2014.
Now they have extended my contract till june 2016. I only have contract letter given by employer and my pay stubs, so my question is ' Does this experience get count in cic? ' will i be able to put this in my EE profile ?
i do get paid by weekly and employer has promised me to give company reference letter whenver i file my PR.

Regards.

Hello ,


Did you get any point for incorporated experience ..I have been trying but not getting any point as soon as i check Slef-employed ..

anyhelp would be much appreciated

Thanks

 

[stevejk]

Hello ,


Did you get any point for incorporated experience ..I have been trying but not getting any point as soon as i check Slef-employed ..

anyhelp would be much appreciated

Thanks

@sidon17

I haven't entered the Express Entry system yet, because of this concern. My corporate accountant has now informed me that technically I was an employee of the company that I worked for, via the recruitment agency. So although I was incorporated, I should be deemed to be a "Personal Service Business", rather than self-employed. The reason for being deemed a PSB is that I worked at the company premises full-time, used all their equipment and didn't have any other employers.

I've been advised to apply to the CRA to get a ruling from them on my actual status and whether this is correct, as I can use this PSB ruling in conjunction with an application to Immigration Canada, and prove that I wasn't self-employed (which overrules the Immigration officer's opinion). I'm currently waiting for the CRA to issue me their ruling.

What are your next steps? It seems that as soon as 'Self-employed" is ticked then no points will be rewarded. If you were to be ruled a PSB then you would not tick this box.

I'm hoping to be ruled as a PSB and then proceed with an EE application from there. If I'm not deemed to have been a PSB then I will have to tick "self-employed".

 

[Dilbert]

Hello ,


Did you get any point for incorporated experience ..I have been trying but not getting any point as soon as i check Slef-employed ..

anyhelp would be much appreciated

Thanks

I didn't checkmark the "Self-Employed" box and I claimed the 1 yr work-exp as regular work as I believe I am not self-employed, I come under the PSB category, based on how @stevejk explained.

 

[stevejk]

I didn't checkmark the "Self-Employed" box and I claimed the 1 yr work-exp as regular work as I believe I am not self-employed, I come under the PSB category, based on how @ stevejk explained.

@Dilbert

Interesting to hear. Did you successfully get the 40 points for 1 year of work experience then? Have you successfully obtained PR?

Cheers

 

[Dilbert]

@ Dilbert

Interesting to hear. Did you successfully get the 40 points for 1 year of work experience then? Have you successfully obtained PR?

Cheers

I have a total of 2 yrs work exp. When I made the EE profile(1.8yrs exp) I was only able to claim 1 yr CRS points , initial first yr EXP was on payroll on a different NOC code at the same time I had already mentioned my current job which is incorporated on a different NOC code on EE profile and didn't checkmark the "Self-Employed" box. About 3 weeks ago I completed a total of 2 yrs and my score increased.

It's a computer based logic pretty straightforward. If you checkmark the box you don't get points, if you don't checkmark you will get the points. In my case I didn't to make it look like regular work. I already got the AOR, waiting for PNP nomination.

 

[Dilbert]

I have a total of 2 yrs work exp. When I made the EE profile(1.8yrs exp) I was only able to claim 1 yr CRS points , initial first yr EXP was on payroll on a different NOC code at the same time I had already mentioned my current job which is incorporated on a different NOC code on EE profile and didn't checkmark the "Self-Employed" box. About 3 weeks ago I completed a total of 2 yrs and my score increased.

It's a computer based logic pretty straightforward. If you checkmark the box you don't get points, if you don't checkmark you will get the points. In my case I didn't to make it look like regular work. I already got the AOR, waiting for PNP nomination.

Although I believe one another forum thread someone under the FSW category did get the points when checkmarked the Self-Employment work exp, but another candidate under the CEC category didn't. Not sure why CIC would allow one but not another.

 

[stevejk]

@Dilbert

Thanks. The key thing here is that anyone can choose not to check "Self-employed", and therefore get the points initially (as it's just calculated computer logic). However I'm assuming when an Immigration Officer actually reviews the application file they can then get refuse the application at that stage if they deem you to have been self-employed, and you haven't declared that on the initial EE application.

My point is that it's not clear if a PSB is considered to be self-employed. I'm told that it's not, which would both solve the potential points issue (if later an Officer believed you were self-employed) and allow you to apply for CEC (where you need Canadian Experience to qualify). I'm hoping to get a successful PSB ruling from the CRA for this reason.

 

[sidon17]

@ Dilbert

Thanks. The key thing here is that anyone can choose not to check "Self-employed", and therefore get the points initially (as it's just calculated computer logic). However I'm assuming when an Immigration Officer actually reviews the application file they can then get refuse the application at that stage if they deem you to have been self-employed, and you haven't declared that on the initial EE application.

My point is that it's not clear if a PSB is considered to be self-employed. I'm told that it's not, which would both solve the potential points issue (if later an Officer believed you were self-employed) and allow you to apply for CEC (where you need Canadian Experience to qualify). I'm hoping to get a successful PSB ruling from the CRA for this reason.

Hello Stevejk

CRA ruling how long does it take any idea.
Is there any restriction on CRA ruling ..i am guessing you can only request CRA ruling for last year not before that ..i.e for experince gained from june 2013 to june 2014 ..

Thanks

 

[stevejk]

@sidon17

No idea on how long sorry, and you can only get a ruling from the pervious year. I can't link directly to the file here, but search Google for this to find it:
"REQUEST FOR A RULING AS TO THE STATUS OF A WORKER UNDER THE CANADA PENSION PLAN AND/OR THE EMPLOYMENT INSURANCE ACT".

 

[pziegler1986]

@ sidon17

No idea on how long sorry, and you can only get a ruling from the pervious year. I can't link directly to the file here, but search Google for this to find it:
"REQUEST FOR A RULING AS TO THE STATUS OF A WORKER UNDER THE CANADA PENSION PLAN AND/OR THE EMPLOYMENT INSURANCE ACT".

I'd be curious to know the result of your CRA ruling as I was toying with the idea of going down this path but in the end, I was lucky enough for my CRS score to be high enough without proving my status. I was in an identical situation to you though and was convinced that despite the contract with my recruitment agency stipulating that the services performed would be on the basis as an independent contractor, the common law tests all clearly pointed to me being an 'employee'

 

[confused1988]

Hello Guys,

I worked at HP through a company called OTSI, who hired me and provided me with an offer letter where it mentioned I was an Independent Contractor. However, I worked at the HP location and used their equipment for work. When doing my taxes my accountant said I was self employed, I did not receive any T4 and was paid gross salary without any CPP or EI deductions. I worked 10 months and did not receive any points for that because I checked the self employed box in the EE profile.

My question is if I use the "Request for a ruling as to the status of a worker under Canada pension plan and/or the employment insurance act" how long does it take for them to get back to me. Also should I uncheck the self employed box, as on my reference letter(I switched jobs), they mention I was a full time employee of the agency working for an annual salary. However, I was paid gross salary without any CPP or EI deductions.

 

[sidon17]

Hello Guys,

I worked at HP through a company called OTSI, who hired me and provided me with an offer letter where it mentioned I was an Independent Contractor. However, I worked at the HP location and used their equipment for work. When doing my taxes my accountant said I was self employed, I did not receive any T4 and was paid gross salary without any CPP or EI deductions. I worked 10 months and did not receive any points for that because I checked the self employed box in the EE profile.

My question is if I use the "Request for a ruling as to the status of a worker under Canada pension plan and/or the employment insurance act" how long does it take for them to get back to me. Also should I uncheck the self employed box, as on my reference letter(I switched jobs), they mention I was a full time employee of the agency working for an annual salary. However, I was paid gross salary without any CPP or EI deductions.

Not sure how long will it take for CRA ruling..but remember you can request ruling on last year experience..
As per the checking of self-employed box.. if you check you wont get the point..
But if cant make it about 450 then i think it would be worth taking risk ..

 

[stevejk]

Hello Guys,

I worked at HP through a company called OTSI, who hired me and provided me with an offer letter where it mentioned I was an Independent Contractor. However, I worked at the HP location and used their equipment for work. When doing my taxes my accountant said I was self employed, I did not receive any T4 and was paid gross salary without any CPP or EI deductions. I worked 10 months and did not receive any points for that because I checked the self employed box in the EE profile.

My question is if I use the "Request for a ruling as to the status of a worker under Canada pension plan and/or the employment insurance act" how long does it take for them to get back to me. Also should I uncheck the self employed box, as on my reference letter(I switched jobs), they mention I was a full time employee of the agency working for an annual salary. However, I was paid gross salary without any CPP or EI deductions.

@ pziegler1986 @ confused1988

Looks like we are all in identical situations - all having been incorporated contractors, who were in charge of our own taxes, didn't have any T4's, and paid ourselves salaries. @ pziegler1986 Can I ask how many points you got and what route did you go down? I'll assume FSW, as that doesn't require Canadian Experience (bearing in mind self-employed Canadian experience wouldn't have counted).

As stated before, my corporate accountant states that I was a Personal Service Business, and therefore actually an employee of the corporation i worked for. I'm hoping that having this in writing from the CRA will allow me to apply for Express Entry without ticking the "Self-employed" box - as I'd have the CRA ruling to prove that I technically was not self-employed, but actually an incorporated contractor who was an employee of the corporation I was contracted out to, via a recruitment agency. From there hopefully I can gain PR via the FSW or CEC route.

I've had a nightmare with this entire situation, as I've calculated that without the Canadian Experience points (I did two years -2013-2015) I wouldn't get over the 450-ish point threshold to get drawn. I'm a web developer, and meet every other requirement, having worked solely for a huge Canadian firm for my whole two year period. I even wrote to MP's to see if they could assist, but to no avail. It's an absolutely ridiculous situation and technicality that's preventing me from gaining the Experience points, and incredibly frustrating when you see those in lower skilled jobs being given PR through PNP nominations - i.e. Hotel receptionists, etc.