PR job of employment inquiry

[alexahub]

Hello,

I would like to share my experience, ask some questions and hopefully get some positive answers.

My name is Alexa and my husband and I immigrated to Canada in 2015 with the WH visa. 2016 I was approved for a positive LMIA with a local business for two years. My partner received an open work permit for the same period. During that period, I applied for the AINP program which was also approved. Right after, on Feb 12 2017, I sent our PR application by mail. In February 2019 we renewed our work permit and this time we both got an open work permit.

In January 2020, immigration contacted us about our PR application, and asked for medical exams, as well as some other documents, including proof of relationship, offer of employment and some other forms. My concern is about the employment letter.

I have worked for the same company since 2015, however, in September 2019, my husband and I registered an unincorporated partnership (with GST number, payroll deductions, etc). In December 2019 I decided to move to a part time position in the local business, and start working full time in our business. As a result, our partnership employed me as an employee for the business, providing monthly pay statements and a T4.

For the PR application, I've attached the employment letter provided by our partnership, proof of partnership registration, and in top of that, another letter explaining I was working full time for our partnership as an employee, as well as working part time in the local business. However, after talking with the CRA I realized that I was self-employed instead of being employed by our business.

Questions
1. Do you think this situation will jeopardize our PR application?
2. Should I send a letter explaining that I didn't know our company couldn't hire me or us, because we are the same entity?

Thanks

 

[scylla]

Hello,

I would like to share my experience, ask some questions and hopefully get some positive answers.

My name is Alexa and my husband and I immigrated to Canada in 2015 with the WH visa. 2016 I was approved for a positive LMIA with a local business for two years. My partner received an open work permit for the same period. During that period, I applied for the AINP program which was also approved. Right after, on Feb 12 2017, I sent our PR application by mail. In February 2019 we renewed our work permit and this time we both got an open work permit.

In January 2020, immigration contacted us about our PR application, and asked for medical exams, as well as some other documents, including proof of relationship, offer of employment and some other forms. My concern is about the employment letter.

I have worked for the same company since 2015, however, in September 2019, my husband and I registered an unincorporated partnership (with GST number, payroll deductions, etc). In December 2019 I decided to move to a part time position in the local business, and start working full time in our business. As a result, our partnership employed me as an employee for the business, providing monthly pay statements and a T4.

For the PR application, I've attached the employment letter provided by our partnership, proof of partnership registration, and in top of that, another letter explaining I was working full time for our partnership as an employee, as well as working part time in the local business. However, after talking with the CRA I realized that I was self-employed instead of being employed by our business.

Questions
1. Do you think this situation will jeopardize our PR application?
2. Should I send a letter explaining that I didn't know our company couldn't hire me or us, because we are the same entity?

Thanks

On what basis did you receive the AINP nomination?

 

[alexahub]

AINP nomination without restrictions

 

[vensak]

AINP nomination without restrictions

There is no such thing. Each PNP program has certain requirements to be accepted to. So what exact program did you use and what were the requirements there.

 

[alexahub]

My PR application was supported with the AINP , however the AINP expired on 2017. On January 2020, I called the AINP office and asked if I was able to work for a different employer and they asked me which work permit I had, I told them I have an open work permit and they said it was ok as long as the new employer is in Alberta , which in this case it is

 

[vensak]

ok somehow you did not answer the first question that was asked.
Meaning under which conditions was your AINP issued (some require certain NOC or certain amount of work eperiences, others may require also a job offer from your province and to keep being employed there).
Validity of your nomination is only in regards of you sending a federal application. So as long as your AINP was valid at the moment when you sent out your PR application, it was a valid nomination. Of course many nominations have an ongoing condition (for example you have to be employed in Alberta during the whole process - until your PR is approved.
So again under which conditions / program was your AINP issued?

 

[alexahub]

When I applied for AINP they request the following documents:
- LMIA
- job offer and job description
- copy of my degrees
- CELPIP English test
- forms

the AINP certificate describe the name of the employer , job position and NOC number , dates of issue and expiration and provincial stream which is worker - job offer

I hope this answer the question