Need help! Procedural fairness letter. Thank you!

[skape7]

Since self-employed work does not qualify for CEC, IRCC's concern is clear - they want to distinguish if you were a 'employee' or a 'contract hire'. The latter does not require the employer to deduct Employees Insurance (EI) premiums, CPP/ QPP contributions and Federal Income tax.
So your response should primarily focus on documents that provide direct evidence of your being an 'employee'.
Does your Paystub (as well as your T4) show amounts deducted for Employees Insurance (EI) premiums, CPP/ QPP contributions and Federal Income tax?
If yes, it will be easier to show you were an 'Employee' versus a 'Contract' hire.
Since the tax filing deadline is only a day or two away, you should have received your T4's from your employer. The T4 is likely to be more convincing than just a pay stub as its simply harder to fake. So apart from the other documents you intend to submit - make sure to include your T4's and cover this logic in a solid Letter of explanation (LOE).

Here is an article that lists key differences. Good luck with your submittal!
https://www.thebalancesmb.com/are-you-a-contractor-or-an-employee-2948639

 

[Shikster]

Thank for the thorough information. By the time I submitted my application, I haven't received 2018's t4 yet not sure if that's something they want to verify. Does this happen commonly to applicants?

Also I'm planning to include every single pay stub I have from July 2017, including the ones after I coverted to full-time, from the bank.
How do you think I should approach this?

I thought you wrote you provided 2018 paystubs of 6 months and 2017t4. When you become full time you were no longer working through the hiring agency? So is their concern then that before becoming full time you were considered self employed as a contract employee?

I would look into what that.

 

[skape7]

Thank you


Thank you so much for the answer.
As you mentioned, I did receive 2018's t4 and will include that in the supporting documents together with all the paystubs, on which it clearly states the EI and CPP amount.

Below is a planned table of content I'm going to reply back to them, do you mind to give it a read and let me know if there's anything important I might have missed? Appreciate the help here.
Table of content

Letter of explanation ( In which I will include all the important time point (contract extension/pay raise/and full-time conversion to the bank)

Reference letter (from direct manager)

2018 T4 forms

2018 Notice of assessment

2018 Proof of income statement

Hiring agency initial offer letter

Pay raise notice

Hiring agency employment extension letters

Bank offer (full-time position conversion in Dec,2018)

Bank reference letter

All pay stubs from July 2017

Seems like you got everything covered.
Also make sure that the deductions stated above (CPP, EI etc...) show up on more than 12 months of your pay stubs. That's it.
For if its even a single day less - then the Agent/ Officer could conclude that you do not qualify for CEC.
So make sure you highlight this fact (that you were an 'employee' for over 12 months) in your Letter of Explanation. Good luck!

 

[hamiltonli]

Here is an article that lists key differences. Good luck with your submittal!
https://www.thebalancesmb.com/are-you-a-contractor-or-an-employee-2948639

Thank you kind sir.

 

[hamiltonli]

I thought you wrote you provided 2018 paystubs of 6 months and 2017t4. When you become full time you were no longer working through the hiring agency? So is their concern then that before becoming full time you were considered self employed as a contract employee?

I would look into what that.

nope. In the application, I provided 2017's t4 because I haven't received 2018's yet.
And correct, bank hired me directly after the contract ends. They work with the agency closely so there wasn't any date that I was unemployed.
By the time I converted to full time the application was already submitted, so the immigration office doesn't have this info.

 

[hamiltonli]

Seems like you got everything covered.
Also make sure that the deductions stated above (CPP, EI etc...) show up on more than 12 months of your pay stubs. That's it.
For if its even a single day less - then the Agent/ Officer could conclude that you do not qualify for CEC.
So make sure you highlight this fact (that you were an 'employee' for over 12 months) in your Letter of Explanation. Good luck!

These are solid suggestions. Thanks for the info again!

 

[Shikster]

nope. In the application, I provided 2017's t4 because I haven't received 2018's yet.
And correct, bank hired me directly after the contract ends. They work with the agency closely so there wasn't any date that I was unemployed.
By the time I converted to full time the application was already submitted, so the immigration office doesn't have this info.

So you did provide T4s for 2017. Here's why T4s matter, in my opinion, over the year in which they are provided (although, the years you provide matter to CIC for work history), but for me the issue is about being considered a contracted self-employed person vs being an employee. T4 would likely be provided to employees, T4a is used for contract self-employed, if done accurately. I guess my point here is that if you provided T4, even if for 2017, at a time that you were employed through the agency, you were, by the eyes of the accountant, and perhaps, Bank and agency, an employee of the bank, and not seen as a self-employed contract worker, otherwise, they would have given you a T4a (most likely). It only helps make the case that you were and still are an employee of the bank, and not self-employed.

Correct me if I'm wrong here, but that is their main concern, that they saw you as self-employed and not an employee of the bank, right?

"By the time I converted to full time the application was already submitted, so the immigration office doesn't have this info" -
Not sure if you've already done so, but I would assume you are also responsible for informing them of any changes in your employment.

 

[hamiltonli]

So you did provide T4s for 2017. Here's why T4s matter, in my opinion, over the year in which they are provided (although, the years you provide matter to CIC for work history), but for me the issue is about being considered a contracted self-employed person vs being an employee. T4 would likely be provided to employees, T4a is used for contract self-employed, if done accurately. I guess my point here is that if you provided T4, even if for 2017, at a time that you were employed through the agency, you were, by the eyes of the accountant, and perhaps, Bank and agency, an employee of the bank, and not seen as a self-employed contract worker, otherwise, they would have given you a T4a (most likely). It only helps make the case that you were and still are an employee of the bank, and not self-employed.

Correct me if I'm wrong here, but that is their main concern, that they saw you as self-employed and not an employee of the bank, right?

"By the time I converted to full time the application was already submitted, so the immigration office doesn't have this info" -
Not sure if you've already done so, but I would assume you are also responsible for informing them of any changes in your employment.

Thanks for the thorough reply. I did provide them 2017's t4 but not 2018 t4 yet. I'm going to include it in my response to the procedural fairness letter.
With that, I will be also supplying them all the documents I have regarding the change in my employment - same bank but full-time position. This didn't happen before I submitted the initial application and I haven't updated them on this yet.

 

[Shikster]

Thanks for the thorough reply. I did provide them 2017's t4 but not 2018 t4 yet. I'm going to include it in my response to the procedural fairness letter.
With that, I will be also supplying them all the documents I have regarding the change in my employment - same bank but full-time position. This didn't happen before I submitted the initial application and I haven't updated them on this yet.

Hopefully once you provide them with more information it should help clear up some misunderstandings. Good luck!

 

[hamiltonli]

Hopefully once you provide them with more information it should help clear up some misunderstandings. Good luck!

Thanks for your suggestion and kind words!

 

[am_gill]

Thanks for your suggestion and kind words![/QUO

Thanks for your suggestion and kind words!

Hi, I also got a PFL in April 2019. Submitted the documents to ally their concerns, but still haven't heard anything. Let me know when you do hear from them, hopefully good news!