Proof of employment

[rjcm]

Hi,

Need advice from the senior and experienced members here in the forum.

I have a work permit for a consulting company which is valid from Sept 2014 to Sept 2016. My work permit states that I am only allowed to work for that company and stated work location is only in Alberta. However in December 2014, I was assigned by my employer to work on a project in Ontario, and I stayed there until September 2015. I just came back to Alberta last October 2015 because I have been assigned to another project in Alberta by the same employer.

To further complicate my situation, I filed my 2014 tax returns in Ontario since I was there during that time. I got the services of H&R Block with the assumption that they would be able to help me file my tax returns correctly given my situation. According to them, even if my home province is Alberta, I should file my tax returns under the province where I was currently residing at that time (which is Ontario). Thus, my T4 and NOA shows Ontario tax lines.

Because of my complex situation, I sought the help of an immigration lawyer to help apply for permanent residency. I provided him all the information and required documents and he created an EE profile on my behalf. Just last week I received an ITA under for FSW route. He is in the process of submitting my application, but there is one concern. He is asking me to provide a copy of my T4 and Notice of Assessment documents to provide proof that I worked in Canada last year.

My concern is that my T4 and NOA shows that I filed it in Ontario. I told him that and he said that it can be a red flag, given that my work permit is only valid for Alberta and CIC may question why my T4 and NOA shows Ontario instead of Alberta. Would this be an issue? Will it have a negative impact on my application? If so how can I correct this?

Really appreciate your advice on my predicament.

Thanks!

 

[ifeedly]

Is it your fault? you worked where your employer made you to? did you raise objection to being sent to ontario?
have you changed employers? all you can do at this stage is go ahead with the application and write an explanation about what happened and why.
consulting is different from manufacturing. your company is in Alberta and you are employed in Alberta.
there is nothing to lose for you. If there is an investigation there is nothing you can do to stop it.
your T4 shows ontario but the ROE shows Alberta employer.
How is this situation different from being physically in Calgary and providing advise to client in Toronto?
Take a deep breath and relax.
you havent done anything wrong, if questioned you say what actually happened and things are going to be ok.
If your lawyer is good he would advise you the same too, all your lawyer has said so far is that it may be a red flag and there may be investigation. So let it be, you have nothing to hide. Just remember do not make a false statement anywhere even if somebody advises you to.
have you asked your lawyer what he would advise? how should you go forward?
and finally, do you really think that a stranger's advise on an internet forum is more valuable than the paid lawyers advise? atleast you are communicating by e-mail with him, aren't you?

 

[andy108]

1. I would recommend you to have a consultation with another immigration lawyer. This way at least you would have 2nd opinion of a qualified person.

2. As from my logical point of view, it is very often the case that you are being sent on client's site to other provinces. The problem is that you filed taxes in the province were you were not allowed to work - however, again you were a resident there. Qualified person with good experience would help for sure.

 

[sunshinejan]

Guys, if my personal document list requires proof of employment for spouse (but for which I haven't claimed any points), do I have to submit the same detailed reference letters as for me (stating job duties)?

Or is it okay to submit a simple one, saying he works here as a"..." from "date" and salary is "...", ??

 

[andy108]

Usually, the reference for which no employment was claimed are not required - as far as I know CV would suffice.

However, i would suggest to get reference ready if it will be requested.

Good luck

 

[rjcm]

Is it your fault? you worked where your employer made you to? did you raise objection to being sent to ontario?
have you changed employers? all you can do at this stage is go ahead with the application and write an explanation about what happened and why.
consulting is different from manufacturing. your company is in Alberta and you are employed in Alberta.
there is nothing to lose for you. If there is an investigation there is nothing you can do to stop it.
your T4 shows ontario but the ROE shows Alberta employer.
How is this situation different from being physically in Calgary and providing advise to client in Toronto?
Take a deep breath and relax.
you havent done anything wrong, if questioned you say what actually happened and things are going to be ok.
If your lawyer is good he would advise you the same too, all your lawyer has said so far is that it may be a red flag and there may be investigation. So let it be, you have nothing to hide. Just remember do not make a false statement anywhere even if somebody advises you to.
have you asked your lawyer what he would advise? how should you go forward?
and finally, do you really think that a stranger's advise on an internet forum is more valuable than the paid lawyers advise? atleast you are communicating by e-mail with him, aren't you?

Hi ifeedly,

It could partly be my fault as I trusted H&R Block in Ontario to file taxes for me.

It was the only project at that time and the client required physical presence instead of working remotely from Alberta. Although my employer told me that as long as I maintain Alberta as my home province it should not be an issue. I have not changed employers.

My lawyer said I have 2 options:

1) Declare in my application that I have been in Ontario for a specific period and risk getting questioned why I was there to begin with given my Work Permit states I am only allowed to work in Alberta.

-- OR --

2) Not declare that I have been in Ontario, and not provide any documents that links me to Ontario to avoid questions. The risk there is if they ask for additional documentation to prove that I have worked in Canada last year, such as my T4 and NOA (which shows Ontario instead of Alberta) then I'm screwed. Either way both have drawbacks.

My lawyer suggests 2nd option however he can't make any guarantees on both. So he left it up to me on how I want to proceed. (which isn't very valuable considering he is giving paid advise) Maybe it's his way of saying "I don't want to damage my reputation so you make the call"?

Hence I am seeking free advise if it would help me make the right decision.

 

[akhil5293]

I have the same kind of situation as I was working and ON and my work permit got expired and I got new job offer which was in Alberta with Wp I only work there few months and quit my job moved to Ontario and looking for another job offer and waiting for getting picked in EE. Can I aplly for OPNP as my Wp is still valid for few months but it's with Alberta emplyer, but I'm living in Ontario and not working at the moment, becasue I can't work anywhere else.

 

[ifeedly]

Hi ifeedly,

It could partly be my fault as I trusted H&R Block in Ontario to file taxes for me.

It was the only project at that time and the client required physical presence instead of working remotely from Alberta. Although my employer told me that as long as I maintain Alberta as my home province it should not be an issue. I have not changed employers.

My lawyer said I have 2 options:

1) Declare in my application that I have been in Ontario for a specific period and risk getting questioned why I was there to begin with given my Work Permit states I am only allowed to work in Alberta.

-- OR --

2) Not declare that I have been in Ontario, and not provide any documents that links me to Ontario to avoid questions. The risk there is if they ask for additional documentation to prove that I have worked in Canada last year, such as my T4 and NOA (which shows Ontario instead of Alberta) then I'm screwed. Either way both have drawbacks.

My lawyer suggests 2nd option however he can't make any guarantees on both. So he left it up to me on how I want to proceed. (which isn't very valuable considering he is giving paid advise) Maybe it's his way of saying "I don't want to damage my reputation so you make the call"?

Hence I am seeking free advise if it would help me make the right decision.

ROE is record of employment issued by an employer : This says Alberta
Taxes were filed in toronto but T4 was issued in Alberta.
You are saying you were working for an employer in Alberta. since its consulting business its different from a restaurant. you were not taking any toronto jobs.
the guy who received consult did not pay you he paid your employer in Alberta.
H&R block cannot change that you were employed in Alberta and you wer working in Alberta. They may have filed your taxes there but it does not makes you employed in that province. if they have done that than thats their mistake.
coming to what you say in your post, actually you dont have two options. you only have one option and that is to say what actually happened. if you lie in your application then all hell breaks loose.
if you stay true and stick to what actually happened, then only, you have chance of going through and you know that already.

Investigation is different from being found guilty. If there is an investigation present what is true and chances are you will win. what can you do now to change anything? all you can do is to move forward and face whatever comes your way. if they ask for documents give them the documents and answer all questions truthfully. If you were In consulting business then that may be a plus point.

oh and by the way if you filed your taxes wrong you can ask for adjustments and changes.

your lawyer is giving advise that seems funny to me because he knows consequences of that very well. Did he gave you that advise after you asked him what options you have and then told you both options or did he told you to choose second option specifically. if he asked you to lie you can actually report him to bar association or CIC directly, if you wish to.

let go of your current consultant if he is as bad as you say he is. Get a lawyer who specializes in the field or go talk to a consultant who is RCIC certified.

 

[rjcm]

ROE is record of employment issued by an employer : This says Alberta
Taxes were filed in toronto but T4 was issued in Alberta.
You are saying you were working for an employer in Alberta. since its consulting business its different from a restaurant. you were not taking any toronto jobs.
the guy who received consult did not pay you he paid your employer in Alberta.
H&R block cannot change that you were employed in Alberta and you wer working in Alberta. They may have filed your taxes there but it does not makes you employed in that province. if they have done that than thats their mistake.
coming to what you say in your post, actually you dont have two options. you only have one option and that is to say what actually happened. if you lie in your application then all hell breaks loose.
if you stay true and stick to what actually happened, then only, you have chance of going through and you know that already.

Investigation is different from being found guilty. If there is an investigation present what is true and chances are you will win. what can you do now to change anything? all you can do is to move forward and face whatever comes your way. if they ask for documents give them the documents and answer all questions truthfully. If you were In consulting business then that may be a plus point.

oh and by the way if you filed your taxes wrong you can ask for adjustments and changes.

your lawyer is giving advise that seems funny to me because he knows consequences of that very well. Did he gave you that advise after you asked him what options you have and then told you both options or did he told you to choose second option specifically. if he asked you to lie you can actually report him to bar association or CIC directly, if you wish to.

let go of your current consultant if he is as bad as you say he is. Get a lawyer who specializes in the field or go talk to a consultant who is RCIC certified.

Yeah I thought of going for the first option. Actually my current lawyer is RCIC certified and specializes in immigration. Not sure why he would give me the second option.

I think I may need to get a second or third opinion from other lawyers to give me piece of mind.

Thanks for the advice. It gives me a whole new perspective now.

 

[ifeedly]

Lawyers are not RCIC certified.
They are Bar association Certified.

Make sure you find somebody whose bread and butter is Immigration consulting. The guy will have vested interest in keeping himself and you out of trouble.

 

[ifeedly]

How come your T4 has Ontario? where does it say Ontario in your T4? T4 is issued by your employer so it wont have Ontario unless you are employed in Ontario.

 

[jes_ON]

How come your T4 has Ontario? where does it say Ontario in your T4? T4 is issued by your employer so it wont have Ontario unless you are employed in Ontario.

Not true. The T4 is issued by the employer, but it has to indicate the province of residence on Dec 31 of the tax year. As well, the work was performed in Ontario. Lots of companies have HQ in one province but employees in other provinces...

In order for the OP to have been deemed a resident of Alberta while working (temporarily) in Ontario, s/he would have had to maintain a residence in Alberta (and maintain "significant ties") while also living in Ontario.

The OP has not provided enough information to determine whether or not there is an error. But to me, it sounds like H&R Block was correct.

http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s5/f1/s5-f1-c1-eng.html

 

[Phil89]

Not true. The T4 is issued by the employer, but it has to indicate the province of residence on Dec 31 of the tax year. As well, the work was performed in Ontario. Lots of companies have HQ in one province but employees in other provinces...

In order for the OP to have been deemed a resident of Alberta while working (temporarily) in Ontario, s/he would have had to maintain a residence in Alberta (and maintain "significant ties") while also living in Ontario.

The OP has not provided enough information to determine whether or not there is an error. But to me, it sounds like H&R Block was correct.

http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s5/f1/s5-f1-c1-eng.html

You are wrong. T4 indicates the province where the employer is located. If his employer is located in Alberta, then the T4 should show Alberta on it.

When you file your tax return, you only pay tax to your province of residence no matter if he was in Ontario on December 31. If his province of residence was Alberta at that time, then it should have been filed under Alberta.
Now, do you have driving license from Alberta or Ontario? Address of your bank branch? this is how you would determine your province of residence.

 

[ifeedly]

Province of Employment:
http://www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/rtrns/t4/slps/cmpltng/bx10-eng.html

He can live in anywhere but can only work in Alberta.

 

[jes_ON]

Province of Employment:
http://www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/rtrns/t4/slps/cmpltng/bx10-eng.html

Excellent link about box 10 on the T4. What it states is:
"Before you decide which provincial or territorial abbreviation to use, you need to determine your employee’s province or territory of employment. This depends on whether you required your employee to report for work at your place of business. "


NOT where the employer is located...