Is independent contractor full time work experience for a company.....

[Richie....]

Hello Guys,

Is independent contractor full time work experience for a company good to qualify for CEC or would that also be considered as self employed therefore not considered in Canadian experience class.

 

[newcec]

How did you get paid? I am a independent contractor too, but took my pay from an incorporated company

 

[dobes]

Hello Guys,

Is independent contractor full time work experience for a company good to qualify for CEC or would that also be considered as self employed therefore not considered in Canadian experience class.

When I approached a Toronto immigration lawyer last year about qualifying for CEC under the old system, he told me that my 3-month experience as an independent contractor (freelance) did qualify toward CEC. Because it was a different NOC, though, from the permanent job I eventually got, he said I shouldn't apply until I had a full year in my current job. He said that it was POSSIBLE to apply with the freelance job plus permanent job and move up my application, but that I would have to support the freelance job with reference letters and my invoices for work done.

Mostly, his problem with the freelance job wasn't that it was freelance - it was the different NOC code, which doesn't really matter under CEC, but which, apparently, made my case more complicated than it had to be.

 

[Richie....]

How did you get paid? I am a independent contractor too, but took my pay from an incorporated company

Yes, I got self employed commissions from a well known financial services company.
I do have the commission statements. But, I donot have offer letter from the company. I do have reference letter stating my start and end dates, position, National registration number for mutual funds license and job duties matching NOC A.

 

[Richie....]

When I approached a Toronto immigration lawyer last year about qualifying for CEC under the old system, he told me that my 3-month experience as an independent contractor (freelance) did qualify toward CEC. Because it was a different NOC, though, from the permanent job I eventually got, he said I shouldn't apply until I had a full year in my current job. He said that it was POSSIBLE to apply with the freelance job plus permanent job and move up my application, but that I would have to support the freelance job with reference letters and my invoices for work done.

Mostly, his problem with the freelance job wasn't that it was freelance - it was the different NOC code, which doesn't really matter under CEC, but which, apparently, made my case more complicated than it had to be.

My NOC job code is very similar to the present job I have, but I dont think that matters. I have about 8 months experience in a NOC A from my previous job. Also I have reference letter from the employer stating that I was employed with the company and other details. However, I donot have offer letter from them as it was an independent contractor experience. What would I show to the CIC as they ask for offer letters too if I get an ITA. Also, does this experience qualify for CEC in the new EE system. As I have 7 months of experience in my current job which is a permanent regular position of which I have offer letter and reference letter.

Also, In the online profile, when filling experience it has a small box mentioning if it is a self employed experience. Should I check it off for the independent contractor job experience or not.

I appreciate your help!!

Richie

 

[jes_ON]

Yes, I got self employed commissions from a well known financial services company.
I do have the commission statements. But, I donot have offer letter from the company. I do have reference letter stating my start and end dates, position, National registration number for mutual funds license and job duties matching NOC A.

Independent contractors are usually considered self-employed, but CEC class does permit sales agents earning commission. So it all depends on how your employer views the relationship, what your contractual arrangement is.

You do not need an offer letter, what you need is a letter of employment (reference letter) that includes start and end dates, position, job duties & responsibilities, hours worked per week, and remuneration.

If in doubt, you can request a ruling from the CRA, that CIC will take into consideration.
http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e.html

 

[Richie....]

Independent contractors are usually considered self-employed, but CEC class does permit sales agents earning commission. So it all depends on how your employer views the relationship, what your contractual arrangement is.

You do not need an offer letter, what you need is a letter of employment (reference letter) that includes start and end dates, position, job duties & responsibilities, hours worked per week, and remuneration.

If in doubt, you can request a ruling from the CRA, that CIC will take into consideration.

Thanks Jes,

I saw the link and it is very interesting to know and complicated as well for me. In the contract, it was mentioned that it will be self employed work, however, unofficially the relationship has been of employer- employee. Training, set guidelines of work, cannot sell mutual funds for another company while working for them.
So, I am very confused. I guess, I will have to wait another 5 months in my current job and then hope to get selected in CEC category.
Looks like I don't have much choice, do I.

Much appreciated,
Richie

 

[marcomcarneiro]

Guys, I have the same struggle, although I was about to accept a position as a contractor (self-employed) in Toronto. I found the two links (I'm not allowed to post links, but they are from CIC's Help Centre) below, which threw a bucket of cold water in my hopes of getting a good job+counting time for immigration:

"To apply for permanent residence under the Canadian Experience Class, your skilled work experience must:
have been with an employer in Canada (self-employment does not count)"

and

"You are not eligible for permanent residence under the Canadian Experience Class if you gained your work experience:
[...]
while you were self-employed"

Anyone knows if there are alternatives for this, or is this really not gonna fly?

 

[stevejk]

Hi guys,

Found this as I was an incorporated contractor (working for a single company all that time, a huge telco) in Vancouver for two years, June 2013 - 2015. I'm looking at applying for PR through the FSW route, but am unsure if my work experience would be invalid as I was incorporated (and technically self employed) at the time. Can anyone shed any light on this? Also wouldn't the FSW route be a solution for the issues described in this thread?

Thanks

 

[zakirsajibonline]

My case is too similar with other users here.

I work as a freelance web developer for international clients via upwork.

I have 2 years web developer experience with one Canadian web agency 'web media com' based on BC. I can ask them to issue a reference letter but do you think I will eligible for FSW or Self-employed ?