Incorporated work experience - points issue

[stevejk]

Hi all,

I am looking for clarification on an issue that has prevented me from applying for PR via the CEC route. I have just completed two full years work in Canada, in a full time (40 hours per week) web developer job (NOC level A) for a huge Canadian telco, which was done whilst on an International Experience Canada work visa.

For this whole two year period of work I was incorporated - with my own business number. I was employed via a recruitment agency, who in turn charged my employer (the telco). So basically I invoiced the recruitment agency every week, who paid into my business account, and the agency in turn charged the telco. Although this was the technical setup the actual daily work setup was identical to a non-incorporated contractor - the difference was that I invoiced the recruitment agency and sorted my own taxes (generated my own T4). Again, I was incorporated.

I have now left Canada, but am looking to apply for PR via the Federal Skilled Workers route, however I need to know if EE will count my two years of employment experience in Canada? I am very concerned that they won't, due to my work being incorporated. This would be the difference between 53 points or 0 points for Canadian work experience for EE.

Any advice would be hugely appreciated! Especially before I start the process of applying to EE, taking language tests, etc!

Thank you!

 

[jes_ON]

First - yes, FSW accepts self-employment experience, regardless of whether you are incorporated or not.

http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp

if the applicant is self-employed, articles of incorporation or other evidence of business ownership, evidence of self-employment income, and documentation from third-party individuals indicating the service provided along with payment details (self-declared main duties or affidavits are not acceptable proof of self-employed work experience).

Note that other evidence of business ownership is accepted, it does not have to be articles of incorporation. What other evidence? Your Notice of Assessment, T4A, contracts, invoices.... Documentation from third parties in this case would include BOTH the agency that actually paid you, and the client. You would ask them to prepare letters similar to a letter of employment, of course changing the language since you were not "employed" by them. Job duties/responsibilities would be essential.

The other option - and this may be difficult to prove given the agency as a middle-man - is to apply for a ruling from the CRA. In this case, you would try to prove that you essentially had an employee relationship, in spite of the remuneration arrangements, based on specific factors - see this website:

http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e.html

You would have to decide the merits of this approach, but if the CRA ruled that you were in fact in an employer-employee relationship, then you could use the experience to qualify under the CEC class...

 

[stevejk]

First - yes, FSW accepts self-employment experience, regardless of whether you are incorporated or not.


if the applicant is self-employed, articles of incorporation or other evidence of business ownership, evidence of self-employment income, and documentation from third-party individuals indicating the service provided along with payment details (self-declared main duties or affidavits are not acceptable proof of self-employed work experience).

Note that other evidence of business ownership is accepted, it does not have to be articles of incorporation. What other evidence? Your Notice of Assessment, T4A, contracts, invoices.... Documentation from third parties in this case would include BOTH the agency that actually paid you, and the client. You would ask them to prepare letters similar to a letter of employment, of course changing the language since you were not "employed" by them. Job duties/responsibilities would be essential.

The other option - and this may be difficult to prove given the agency as a middle-man - is to apply for a ruling from the CRA. In this case, you would try to prove that you essentially had an employee relationship, in spite of the remuneration arrangements, based on specific factors - see this website:


You would have to decide the merits of this approach, but if the CRA ruled that you were in fact in an employer-employee relationship, then you could use the experience to qualify under the CEC class...

Thanks jes_ON,

I've looked at the linked page but cannot see the segment that you have quoted? It seems there is no clear page where it states that FSW accepts self-employment work experience in Canada. Although I understand the quoted text, I can't see anywhere where it says this is directly linked to points for Express Entry.

Can I ask if you have any experience of / more information on this?

Thanks