Independent Contractor & Canadian Experience Class

[Yammyturn]

Hey,

I work for a Canadian business as an independent contractor since November 2017. Until September 2018 I was doing this whilst in Toronto (I am continuing the work whilst back in the UK). I do not work for any other clients, I don't class myself as self-employed in this sense. I have one employer, which is the company I work for now.

It's a fairly new (but registered and incorporated business) so it's only been over the last 3 months that my employer has been making people employees rather than independent contractors. It is a remote position, even when I was in Canada (the whole business is remote). She has offered me an employed position if I can return to Canada.

We have an employer-employee relationship, I have a contract for the position, and I have all of my invoices from day 1. Most of the people I work with are Canadian, so in my opinion it's been a Canadian work experience in general... will this qualify for the CEC express entry?

 

[Chen776655]

Self-employment doesn’t count for CEC.
Employment outside the Canada, even most your colleague is Canadian, doesn't count as Canadian work experience.

Whether your work is done as a employee or self-employed individual is decided upon many factors.

the level of control the payer has over the worker's activities
whether the worker or payer provides the tools and equipment
whether the worker can subcontract the work or hire assistants
the degree of financial risk the worker takes
the degree of responsibility for investment and management the worker holds
the worker's opportunity for profit
any other relevant factors, such as written contracts

you can request a ruling on this as well.

 

[jes_ON]

I work for a Canadian business as an independent contractor since November 2017. Until September 2018 I was doing this whilst in Toronto (I am continuing the work whilst back in the UK). I do not work for any other clients, I don't class myself as self-employed in this sense. I have one employer, which is the company I work for now.

It's a fairly new (but registered and incorporated business) so it's only been over the last 3 months that my employer has been making people employees rather than independent contractors. It is a remote position, even when I was in Canada (the whole business is remote). She has offered me an employed position if I can return to Canada.

We have an employer-employee relationship, I have a contract for the position, and I have all of my invoices from day 1. Most of the people I work with are Canadian, so in my opinion it's been a Canadian work experience in general... will this qualify for the CEC express entry?

One of the exclusions from the CEC class is self-employment, unfortunately. As an independent contractor, you were/are self-employed.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html

There has been a recognition that some companies use independent contractors in a de facto employer-employee relationship (they are not supposed to do this, and the CRA can get cranky with companies who do this). At the link above, there is a section "Factors to consider - employee vs self-employed" which recognizes that this is a fairly widespread issue. There is a discussion about applying to the CRA to "request a ruling" - and as a consequence, the CRA had to tighten up the rules for applying for a ruling (there are time limits imposed now). And if you succeed with the ruling, the CRA could require your employer to retroactively classify you as an employee (very costly) and impose penalties - your client/employer would not be happy with you.

So - while IRCC recognizes the problem, they are limited by the requirement that you must prove your employment experience. The question always ends up, what can you do without going through the CRA for a ruling? I know some people who attempt to prove on their own that they were in a de facto employer-employee relationship. I do not know any who succeeded. (Doesn't mean it hasn't happened, maybe I just haven't heard of it, but I have heard of refusals). In your case, since it sounds like your client/employer might be willing to support your argument, it might make a difference.

SO - it all depends on how desperate you are, whether you have other options to come back on a work permit, and how much of a gambler you are - a PR application is a lot of work and money when there are unknown or low odds of succeeding.

 

[shirinjnk]

Hey,

I work for a Canadian business as an independent contractor since November 2017. Until September 2018 I was doing this whilst in Toronto (I am continuing the work whilst back in the UK). I do not work for any other clients, I don't class myself as self-employed in this sense. I have one employer, which is the company I work for now.

It's a fairly new (but registered and incorporated business) so it's only been over the last 3 months that my employer has been making people employees rather than independent contractors. It is a remote position, even when I was in Canada (the whole business is remote). She has offered me an employed position if I can return to Canada.

We have an employer-employee relationship, I have a contract for the position, and I have all of my invoices from day 1. Most of the people I work with are Canadian, so in my opinion it's been a Canadian work experience in general... will this qualify for the CEC express entry?

hi! I’m EXACTLY in this situation! What happened to your case? Any tips and information would be so awesome!

I also have the option of applying through common law, but I know CEC is faster.

 

[Gracierydz]

Update here pls