+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

I'm hoping to apply for CEC but I have questions on my employment status.

shizzyd

Full Member
May 3, 2019
33
1
I'm hoping to apply for CEC soon. I need to show to the government that I have at least 1 year of full-time (or equal part-time) work experience in a skilled field. The problem is that my field (which is in writing/digital marketing) is increasingly centered around contract/freelancing work.

For the past three months, I have been working as a writer for an acclaimed Canadian media organization. This link states that CIC officers may consider whether my job matches the guidelines of an employer-employee as opposed to a freelance contractor, by looking at factors such as degree of control, influence, schedule, etc. (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html)

The media organization I work for hired me as a freelancer but I have no control over my schedule. I have to be working 8 hours a day and all my work has to be approved by an editor. I'm in a position of subordination and I have no control or influence on the payer. I match most of the criteria as a full-time employee but my job title is still as a freelancing. Would I be able to convince the CIC officers that this position should count as a skilled work experience? It says I have to request a ruling, so does anyone have any advice about that?

I'm still looking for full-time employment that could count towards my CEC application but I want to make sure that the 3 months are counted as well, just in case.

Any advice on this matter would help.
 

scylla

VIP Member
Jun 8, 2010
97,673
23,383
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I'm hoping to apply for CEC soon. I need to show to the government that I have at least 1 year of full-time (or equal part-time) work experience in a skilled field. The problem is that my field (which is in writing/digital marketing) is increasingly centered around contract/freelancing work.

For the past three months, I have been working as a writer for an acclaimed Canadian media organization. This link states that CIC officers may consider whether my job matches the guidelines of an employer-employee as opposed to a freelance contractor, by looking at factors such as degree of control, influence, schedule, etc. (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html)

The media organization I work for hired me as a freelancer but I have no control over my schedule. I have to be working 8 hours a day and all my work has to be approved by an editor. I'm in a position of subordination and I have no control or influence on the payer. I match most of the criteria as a full-time employee but my job title is still as a freelancing. Would I be able to convince the CIC officers that this position should count as a skilled work experience? It says I have to request a ruling, so does anyone have any advice about that?

I'm still looking for full-time employment that could count towards my CEC application but I want to make sure that the 3 months are counted as well, just in case.

Any advice on this matter would help.
Do you get a T4 from your employer or not? This is what will determine if you are self employed or not. If you get a T4, you can count your experience for qualifying for CEC. If no T4, then you are self employed and this experience won't count towards CEC. It's going to be pretty cut and try based on that.
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
I'm hoping to apply for CEC soon. I need to show to the government that I have at least 1 year of full-time (or equal part-time) work experience in a skilled field. The problem is that my field (which is in writing/digital marketing) is increasingly centered around contract/freelancing work.

For the past three months, I have been working as a writer for an acclaimed Canadian media organization. This link states that CIC officers may consider whether my job matches the guidelines of an employer-employee as opposed to a freelance contractor, by looking at factors such as degree of control, influence, schedule, etc. (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html)

The media organization I work for hired me as a freelancer but I have no control over my schedule. I have to be working 8 hours a day and all my work has to be approved by an editor. I'm in a position of subordination and I have no control or influence on the payer. I match most of the criteria as a full-time employee but my job title is still as a freelancing. Would I be able to convince the CIC officers that this position should count as a skilled work experience? It says I have to request a ruling, so does anyone have any advice about that?

I'm still looking for full-time employment that could count towards my CEC application but I want to make sure that the 3 months are counted as well, just in case.

Any advice on this matter would help.
There is a difference between a self-employed contractor (freelancer) and a contract employee. Contract employees are term-limited employees, who are treated like employees, employers pay the taxes, etc.

If you receive a T4A instead of a T4 and have to pay your own taxes, you will be considered self-employed.

Note that if you request a ruling from the CRA, there could be penalities for your client/"employer" if the CRA rules in your favour.

Also note it may be difficult-to-impossible to get an "employment" reference letter from the company if they do not consider you to legally be an employee.

Note that there is nothing stopping you from trying to convince IRCC that you are in a de facto employer-employee relationship. It would be a gamble on your part (for the price of the application fee). But current information seems to suggest that if you want IRCC to consider that, you need the CRA ruling.

Based on what you have said, I would not expect those 3 months to count, so look to plan B...