Incorporation papers

[mississaugaapplicant]

So i finally received an ITA, but now it looks like i might have to decline invitation.

basically, I worked as a full employee for 95% of the time. In one of the companies I worked at for 3 months, i was on "contract", i received a cheque in my name with no taxes deducted, no T4, no T4A and of course, no incorporated company by myself. Only a reference letter, and pay stubs.
I was selected under FSW.
Any recommendations?

 

[Asivad Anac]

So i finally received an ITA, but now it looks like i might have to decline invitation.

basically, I worked as a full employee for 95% of the time. In one of the companies I worked at for 3 months, i was on "contract", i received a cheque in my name with no taxes deducted, no T4, no T4A and of course, no incorporated company by myself. Only a reference letter, and pay stubs.
I was selected under FSW.
Any recommendations?

You can still choose to accept the ITA if removing those 3 months from your profile makes no difference to your CRS score and your FSW eligibility.

If that be the case, edit your profile and take them off and continue with the rest of ITA submissions.

If your ITA is contingent on those 3 months of experience, then uploading that reference letter and those pay stubs along with a suitably drafted Letter of Explanation which highlights the lack of any other document and politely requests the officer to consider your application as complete and treat it on its merits, is still worth a try.

 

[mississaugaapplicant]

I don't believe i can remove those 3 months as the profile submitted is now "locked"!!!
i can modify items in the new application that appeared, but anything submitted previously, is now locked!

 

[Asivad Anac]

I don't believe i can remove those 3 months as the profile submitted is now "locked"!!!
i can modify items in the new application that appeared, but anything submitted previously, is now locked!

I meant the application that opens up after ITA.

If those 3 months make no difference to your CRS and/or FSW eligibility, edit the work history in that post ITA application to remove those 3 months. Retain that in your personal history as "Employment" item though.

Once you remove it from your work history, you won't have to bother with the documents uploads for this one.

 

[mississaugaapplicant]

If i remove it, and it does have an effect, will the system automatically detect that? Or will it have to be reviewed by an officer?
Also would it not raise some red flags if i remove it? Even if it might not have an effect.

 

[Asivad Anac]

If i remove it, and it does have an effect, will the system automatically detect that? Or will it have to be reviewed by an officer?
Also would it not raise some red flags if i remove it? Even if it might not have an effect.

Only you would know if removing it has an effect or not.

If it has no effect, removing it will have no effect and no red flags either.

If it has an effect, removing it will lead to your profile being deemed ineligible when scrutinized by the officer, system won't detect that automatically.

 

[mississaugaapplicant]

Will that lead to a case of misrepresentation?

 

[Asivad Anac]

Will that lead to a case of misrepresentation?

Of course not. Misrepresentation is willful and deliberate lying.

CIC never asked for full disclosure on work experience so there is no reason to give them that. They are concerned only with you providing evidence for the CRS and eligibility points you have. Any work experience which does not contribute towards those 2 can be safely left out of your application.

 

[mississaugaapplicant]

alright thank you! Thats great news!

 

[Godweeno]

This has got me thinking, i have done some self employed work as a freelance designer however I am not incorporated I simply have done it on my own. I have references from clients who employed my services and proofs of payment.

Does the fact that I am not incorporated mean it would just get rejected as self employment? In my ITA they want evidence of this work, should I not have included it?

 

[Asivad Anac]

This has got me thinking, i have done some self employed work as a freelance designer however I am not incorporated I simply have done it on my own. I have references from clients who employed my services and proofs of payment.

Does the fact that I am not incorporated mean it would just get rejected as self employment? In my ITA they want evidence of this work, should I not have included it?

It isn't about your experience being self-employed work or not. The key question is - do you need this work experience to be eligible for your program (FSW/CEC) AND get to the CRS score that got you the ITA?

If the answer to both or even one of those is Yes, you'll have to find a way to prove this experience to CIC's satisfaction.

If the answer to both of those is No, you can edit them out of your work history even after getting an ITA because neither your program eligibility nor you CRS score depends on this experience. In other words, removing that work experience makes no material difference to your application.

 

[Godweeno]

Thanks Asivad as always great answers!!

This may be a bit of a silly question then but how do I tell if that employment is adding to my CRS score? I have that running side by side with my full time employment. That is basically a part time job I do for 10 hours a week for extra cash. I think my eligibility is based on the 1.5 years of work I have in my profession.

 

[Asivad Anac]

Thanks Asivad as always great answers!!

This may be a bit of a silly question then but how do I tell if that employment is adding to my CRS score? I have that running side by side with my full time employment. That is basically a part time job I do for 10 hours a week for extra cash. I think my eligibility is based on the 1.5 years of work I have in my profession.

Only you would know that given that you submitted your profile and answered all those questions. If you want o double-check, use these links.

CRS criteria and detailed calculation ---> http://www.cic.gc.ca/english/express-entry/grid-crs.asp

FSW calculation ---> http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp

 

[jes_ON]

This has got me thinking, i have done some self employed work as a freelance designer however I am not incorporated I simply have done it on my own. I have references from clients who employed my services and proofs of payment.

Does the fact that I am not incorporated mean it would just get rejected as self employment? In my ITA they want evidence of this work, should I not have included it?

First - self-employment is accepted under FSW & FST, not accepted under CEC. There's nothing wrong with it under CEC (as long as it was authorized), but you cannot use it to meet the 1 year of Canadian experience requirement.

Second - if you claim your self-employment experience under FSW/FST, yes, you need to give evidence. It's more complicated than regular employment, but it's do-able. See instructions here:

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).

Third - Self-employment includes various forms - sole proprietors (consultants, free-lance) can be incorporated, but it is not required. Some people mistakenly believe that being "incorporated" means they are not self-employed, but they are.

http://www.cra-arc.gc.ca/selfemployed/

The exception would require a ruling from the CRA if you believe you are the employee in an employer-employee relationship, regardless of remuneration arrangements.

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

 

[ramonvilla]

First - self-employment is accepted under FSW & FST, not accepted under CEC. There's nothing wrong with it under CEC (as long as it was authorized), but you cannot use it to meet the 1 year of Canadian experience requirement.

Second - if you claim your self-employment experience under FSW/FST, yes, you need to give evidence. It's more complicated than regular employment, but it's do-able. See instructions here:

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).

Third - Self-employment includes various forms - sole proprietors (consultants, free-lance) can be incorporated, but it is not required. Some people mistakenly believe that being "incorporated" means they are not self-employed, but they are.

http://www.cra-arc.gc.ca/selfemployed/

The exception would require a ruling from the CRA if you believe you are the employee in an employer-employee relationship, regardless of remuneration arrangements.

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

Hey Jes,

On what grounds do you claim that shareholders of a corporation are self-employed? I'm not saying you are wrong, I'm asking because I honestly haven't found a definite answer to this. The document you shared to support your argument does not say shareholders of a corporation are self-employed (corporations are not even in the same article). I've been reading a lot of similar articles on the CIC website but they make it very ambiguous.
Can you share your knowledge?