Question Regarding My T4

[soh3il]

Hey All,

I would appreciate if anyone can help me with my case. my application just got rejected due the fact that I failed to satisfy the officer who was reviewing my application that I have gained 1 full year of working experience in Canada. I believe the officer came to this conclusion because I did not include any T4 slip in my application.

I have worked from May 1st 2011 to May 1st 2012, 40 hours a week as a full time employee. but I had an agreement with my employer to only get paid $1,000/month and then receive the rest (about $40K) at the end of my contract. I was not a contractor/freelancer. I was a full time employee, that was just an agreement for payment between me an my employer for some reason.

Now If I want to provide a T4, then I have only got paid $12,000 for a year and have that much proof. the rest of the money the company is paying me NOW (May 2012 to May 2013 | instead of May 2011 to May 2012). Although the company gave the rest of my money, but for taxes purposes they are declaring that I am getting paid NOW (this year instead of last year) otherwise I had to pay too much taxes If I wanted to get that much of money in one instalment. so they are paying me this year each month for the work I did a year ago. so the rest of the money that I have to get paid has been differed for this year.

Am I able to provide an explanatory letter and back it up by my employer? is 7K enough or is it too small that could cause me a problem?
any suggestion that I can prove I worked one full year from May 2011 to May 2012?

P.s: I don't want to wait one more year to apply again !!!

 

[jes_ON]

I doubt the lack of a T4 was the only reason; if a missing T4 was the only problem, CIC would usually request it (BTW, what about the Notice of Assessment, did you send that?)

There's lot's of possible reasons -
1) You applied too soon, before you completed the 1 year
2) On another post, you stated there were 2 jobs. Was there a gap between jobs?
3) Your Letter of Employment for your current position - was that written after you had completed 1 year?
4) As previously discussed, it might look like you are self-employed
5) As a start-up, the VO may not believe the company actually exists...
6) There were discrepancies in your application - did your employer explain about your compensation arrangements in the Letter of Employment? Or did the letter only state your full annual salary and not mention that part of it was deferred? Are these compensation arrangements clearly stated in your contract?

Anything "under the table" will come back to haunt you here...

 

[soh3il]

Hey Jes_ON

Thanks for your reply. It might be a little hard to explain my situation, so I had to post it it another form. First an answer to your question, then I will provide a bit more info ...

1) You applied too soon, before you completed the 1 year.
as a matter of fact, I have worked 2 years and there were no gaps between them.

3) Your Letter of Employment for your current position - was that written after you had completed 1 year?
Yes, it dated almost before I send my application.

4) As previously discussed, it might look like you are self-employed
But I was not, I quite the company, I no longer have any shares so lets assume I only have differed salary.

Regarding the NOA, yes I did provide them NOA, but only for the year 2008 & 2009, my working period was 2010 & 2011. since I didn't get paid, I did not do NOC.

I understand my case is complicated. but in reality I only have differed salary.

Yes you are right, my rejection was not ONLY probably due to the lack of T4. I already got paid from my company, If I do NOA for my 2011 and provide the T4 for the amount of 12K for a year and then provide an explanatory letter. Do you think I will have a chance to get it right?

 

[jes_ON]

Regarding the NOA, yes I did provide them NOA, but only for the year 2008 & 2009, my working period was 2010 & 2011. since I didn't get paid, I did not do NOC.

Not really sure what you mean by this - do you mean you didn't file a tax return for 2010 or 2011? If not, that was a mistake. You should have filed even if you didn't owe taxes. You can still file for those years, better late than never.

Yes you are right, my rejection was not ONLY probably due to the lack of T4. I already got paid from my company, If I do NOA for my 2011 and provide the T4 for the amount of 12K for a year and then provide an explanatory letter. Do you think I will have a chance to get it right?

I don't know. This should have been explained correctly the first time you applied. If what you say this time is significantly different from your first application, you could be setting yourself up for a judgment of misrepresentation. (But then, maybe not - again I have no idea what was claimed in your original application).

I suggest 2 things. First, apply for your GCMS notes and see if you can find any information that would be of use. After you get those, it would probably be worth your hard-earned dollars to pay for a consultation with an immigration lawyer.

 

[debasis]

Before applying PR, You should have to understand check list document and send it your document. If anything missing from check list then they won't be processed further.

Thanks
D.