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Opinions Please - Asivad, Rajkamalmohanram, CanadaWeCome & Others

JoacRy

Champion Member
Oct 23, 2015
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Hi, I was invited to apply under FSW. Out of my service in Canada, 3 months were when I was employed by Recruitment Agent to work for a Company.

Under the terms of the contract:

1) It was for 3 months only
2) I was not in control of the hours I worked (Client had set 9am - 5pm hrs)
3) Only worked for that client on a full-time basis (40hrs per week)
4) Performed the work for the recruitment company's profit
5) Was not liable for HST as I was under the threshold of $30,000 per CRA legislation

To prove this I got a letter from the Recruitment Agent and a letter from the Company re-enforcing the above and listing the duties in line with my NOC. I was also issued a T4 and CPP and EI were taken out of my pay.

Is this ok? Please Answer. Thanks.

My guidance:

http://www.esdc.gc.ca/en/reports/ei/digest/ch_4/independent_workers_particular.page - Contract of Service

http://www.labour.gc.ca/eng/resources/ipg/069.shtml

(When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship.)
 

ozlis

Hero Member
Oct 20, 2015
807
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One of my roles was in a similar setup. I provided:

A letter from the company (as per the CIC requirements)
A letter from my agency (only outlining dates and wage as they didnt have control over my duties)
Group Cert from agency
Payslips from agency
Letter notifying increase from company
Personal reference from company from when I finished there

And of course an LOE. Basically anything to prove the relationship between the two companies.

Another though is, did this gain you points? If not get rid of it and just list in your personal history.

You have another 50+ days to submit so take your time and lower the stress levels ;)
 

JoacRy

Champion Member
Oct 23, 2015
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@ozilis, thank you for your reply.

Yes I did gain points, and I can also get T4 from agency, payslips from agency. The thing is my letter from the agency mutually re-inforces what the company says. The only difference is the agency states the amount I was paid.

Is this still ok in your opinion?

Also, you use the word Group Cert. Are you an Australian as well?
 

Asivad Anac

VIP Member
May 27, 2015
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Given that you have 486 and the draw cutoff was 457, here is a thought experiment. How many points do you lose if you remove those 3 months of experience from Work history?

Don't fiddle with your current EE profile and risk your ITA. Try playing around with the CRS calculator or determine this on your own based on the CRS tool.
 

ozlis

Hero Member
Oct 20, 2015
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I'd include what you have with a good explanation letter. So both letters, T4 and payslips.

Yep, another aussie!
 

ozlis

Hero Member
Oct 20, 2015
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Asivad Anac said:
Given that you have 486 and the draw cutoff was 457, here is a thought experiment. How many points do you lose if you remove those 3 months of experience from Work history?

Don't fiddle with your current EE profile and risk your ITA. Try playing around with the CRS calculator or determine this on your own based on the CRS tool.
Another good option.
 

JoacRy

Champion Member
Oct 23, 2015
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Hi Asivad, is I lose those 3 months I am down to 10 months of work. What do you suggest?

I have correctly stated both Agency Employing and address work carried out (ie company).
 

Asivad Anac

VIP Member
May 27, 2015
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JoacRy said:
Hi Asivad, is I lose those 3 months I am down to 10 months of work. What do you suggest?

I have correctly stated both Agency Employing and address work carried out (ie company).
And what does that mean in points? Does it bring your score below 457? If not, all this worry over nothing. If yes, let's then worry about getting you a resolution. Deal?
 

JoacRy

Champion Member
Oct 23, 2015
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Asivad Anac said:
And what does that mean in points? Does it bring your score below 457? If not, all this worry over nothing. If yes, let's then worry about getting you a resolution. Deal?
Yes I would lose 40 points bringing my score to 446. Please help me.
 

INR2CAD07

Star Member
Jan 12, 2016
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JoacRy said:
Yes I would lose 40 points bringing my score to 446. Please help me.
Ok, if you are loosing 40 points, then you can not ignore 3 months contract... try to get all possible proofs for your complete experience to prove you have min 457 points. Else you will face refusal...


I think you are the one , posted one page post on being careful advising others about all documents before getting ITA itself... keep the same spirit in your own case... all the best