LMIA Advice

[BCapplicant]

Hi guys,
As a full time independent contractor working with a company, it is quite difficult in obtaining enough points to be given an ITA as self employment experience in Canada does not count.
I have checked out a lot of options and it seems LMIA may be an avenue I could pursue. I can't find any info on CIC website that contraindicates applying for an LMIA if you are an independent contractor working for a company full time.
What do you think?
Cheers

 

[jes_ON]

LMIAs are something an employer has to apply for. Contractually, you do not have an employer, you have a payer/client.

HOWEVER... it may be possible for you to get credit for your work experience, if you can demonstrate a de facto employee-employer relationship (which it sounds like you might).

Right before express entry started, the rules for CEC were updated to suggest that applicants in your situation could apply to the CRA for a ruling, and that if the CRA deemed you to be in an employer-employee relationship, you could use the experience.

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

I think the CRA must have gotten innundated, because they then imposed some new rules.

You can still apply for a CRA ruling. However, this kind of contractual arrangement is increasingly seen by the CRA as an (illegal) way to circumvent labour and tax laws.

http://www.advisor.ca/tax/tax-news/help-business-owners-avoid-trouble-with-cra-165790

https://www.thebalance.com/are-you-a-contractor-or-an-employee-2948639

http://www.theglobeandmail.com/globe-investor/personal-finance/taxes/if-youre-filing-taxes-as-self-employed-make-sure-you-meet-these-criteria/article10733921/

Unfortunately, there is little guidance under EE for people in your situation. It is unclear if a CRA ruling is still required to claim an employer-employee relationship, or if a letter from your client/employer attesting to that fact is sufficient (which may be difficult to get, but some have succeeded).

Don't know if this helps any : )

 

[BCapplicant]

Thanks for the reply and info!
Yes Its fairly complicated as I can't find much info online. It's quite a grey area I am in as I work in an office that provide me with staff and instruments etc.
I considered the CRA ruling also and it may also be a path I have to go down. I just figure that if I get an ITA for CEC I may be refused. My worry is I would have to show evidence beyond a well worded work experience letter that I am an employee(pay stubs/NOA) which I would not be able to prove unless I had a CRA ruling.