CRS FSW question.

[capt.nemo]

Hi experts.
I have completed 1 year of Canadian work experience. And I qualify for FSW.
I want to apply for Express entry.
But my 1 year work experience was not as that of an employee( I don't have any T4).
So if I tick the self employed check box I get around 375 CRS points.
But looking at all the nature of my work and according to CRA definition I don't really fall under self employed. So can I not tick the self employed check box and get 440 points and add all the evidence pointing out that my job is in fact more of an employee?

Please advise. Desparate for help.

 

[kryt0n]

You either worked for yourself in Canada and paid taxes as self employed, or you worked for a company and paid taxes as an employee. If you can't prove you paid taxes while living in Canada as self employed, and you weren't an employee, you might be in danger of having worked illegally or at best your profile will be refused and you may be charged with misrepresentation. Don't try and fudge it to get more points if you cannot prove it.

 

[capt.nemo]

Thanks for the reply. I have paid all the taxes as self employed. My company does it that way to keep things easier for them. But according to most cra definition I fulfill most of the employee criteria. That is:
- I have no business presence.
- I have no investment in the business.
- I use all the equipment and software provided by the company.
- I cannot work for another payer.
- I don't have any profit sharing.
- I am constantly under supervision and training.
- I cannot hire an helper or send in replacement.

And the list goes on. Again I have filed all my taxes. Nothing is illegal about my work. Can I use all these criteria to claim that I am a de facto employee.

 

[kryt0n]

Well if you had a company that paid you, then yes. Was it a franchise type of job?

Pick what you think is right but be prepared to back it up. If you paid taxes then what did you tick when sending your tax retur? Did you select employee or self employed? Look at your NOA. Whatever that says that is your answer.

 

[capt.nemo]

It was a teaching position. I used to invoice my payer for the time I worked for them. I had to pay all my taxes myself but other than that all criteria points to employee. Very confused.

 

[kryt0n]

You were an employee. You didn't have a company registered to yourself. A lot of people don't pay taxes through their template. Someone else paid you, you didn't pay yourself. The company isn't in your name.

 

[capt.nemo]

Ok. In that case my CRS is 439 (without checking the self employed box). If I ever get an ITA I will add an explanation letter describing my nature of work. Now this is extremely frustrating!