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Proof of employee as apposed to self-employed

HPank78

Newbie
Jul 2, 2014
8
0
Hi
My husband and I were denied PR for the 3rd time based on them deeming my husband as self-employed. In our first application in 2010, it was a valid refusal as he was taking dividends instead of a salary in order to grow the business. After the denial he gave up 50% of the company, had contracts drawn up with the other partner/director and went on salary to contribute CPP and EI.
Our latest refusal was "preapproved" pending medicals on 25th May 2014 but then 26th June 2014, we received a declined letter based on the lack of evidence proving he is an employee.
We provided a letter of employment and T4s as requested in the application. Has they requested further information and maybe we should have included regardless, we could provide them with contracts and letters from the other director.
Has anyone had any experience with the self-employed/empoyee issue and also has anyone heard of a request for medicals followed by a refusal based on something else. From all the lawyers and consultants I've spoken with they all state that medical requests are the final stage meaning everything else has been approved?
Our work visas expire at the end of this month so we are panicking now due to timescales and our extention application may likely be declined due to the PR being declined. Any advice would be extremely grateful! TIA
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You'll need to provide more information. How did you apply for PR? CEC? FSW? One of the provincial programs?
 

Goku

VIP Member
Jan 13, 2014
4,082
730
Category........
HPank78 said:
Hi
My husband and I were denied PR for the 3rd time based on them deeming my husband as self-employed. In our first application in 2010, it was a valid refusal as he was taking dividends instead of a salary in order to grow the business. After the denial he gave up 50% of the company, had contracts drawn up with the other partner/director and went on salary to contribute CPP and EI.
Our latest refusal was "preapproved" pending medicals on 25th May 2014 but then 26th June 2014, we received a declined letter based on the lack of evidence proving he is an employee.
We provided a letter of employment and T4s as requested in the application. Has they requested further information and maybe we should have included regardless, we could provide them with contracts and letters from the other director.
Has anyone had any experience with the self-employed/empoyee issue and also has anyone heard of a request for medicals followed by a refusal based on something else. From all the lawyers and consultants I've spoken with they all state that medical requests are the final stage meaning everything else has been approved?
Our work visas expire at the end of this month so we are panicking now due to timescales and our extention application may likely be declined due to the PR being declined. Any advice would be extremely grateful! TIA
I am not sure what program you applied under but I can give a way to prove whether it was a employee-employer relation or not.

Go through OP25a - http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf
Point 10.12 on page 10 & 11

I don't know if it is related to what you applied under. But I hope you will find a way out.
 

HPank78

Newbie
Jul 2, 2014
8
0
We applied under CEC.
Proof of employer/employee relationship was never required so we submitted the basic information (too basic, I guess!)
Thanks for your feedback, I'll look at the link now!
 

Goku

VIP Member
Jan 13, 2014
4,082
730
Category........
HPank78 said:
We applied under CEC.
Proof of employer/employee relationship was never required so we submitted the basic information (too basic, I guess!)
Thanks for your feedback, I'll look at the link now!
If you applied under CEC then the link I sent you is perfect as it is meant for CEC.