remote canadian work experience

[koalaking]

Hey there, have a tricky question, I have been remotely working for a Canadian company as a freelance Graphic Designer contractor for 2 years in Australia. Can this go towards Canadian work expierence and/or can this be used as a job offer?

 

[Naturgrl]

Hey there, have a tricky question, I have been remotely workingfor a canadian company as a freelance Graphic Designer contractor for 2 years in Australia. Can this go torwards Canadian work expierence and/or can this be used as a job offer?

Not a tricky question but very common on this forum. It doesn't count as Canadian experience because you must be working IN Canada. It counts as a job offer only if you have an approved LMIA from your employer. The employer would have applied and proven no Canadian or PR in Canada could be hired.

 

[koalaking]

Not a tricky question but very common on this forum. It doesn't count as Canadian experience because you must be working IN Canada. It counts as a job offer if you have an approved LMIA.

Thanks for the quick reply, I thought this aswell.
LMIA for a graphic designer hard to get?

 

[scylla]

Thanks for the quick reply, I thought this aswell.
LMIA for a graphic designer hard to get?

Unfortunately there aren't any statistics available like that.

The "hard" part is generally the work the employer has to do to get the LMIA and the expenses involved.

If the employer is willing to go through the LMIA process and can put together a strong application, then there's certainly a chance of approval. Definitely worth asking your employer if they are willing to do that.

 

[koalaking]

Can a letter of offer as a contractor be ok or do you need to be an "employee" the business I do work for has no employees they are all contractors. but we have letter of offers excplaining work, hours, pay etc.

 

[Naturgrl]

Can a letter of offer as a contractor be ok or do you need to be an "employee" the business I do work for has no employees they are all contractors. but we have letter of offers excplaining work, hours, pay etc.

You need to be an employee. An offer letter is only good if your employer has a LMIA. Your employer has to pay $1k and file for the LMIA. Your employer has to show that they tried to hire in Canada but could not. That is the only way to count points for Express Entry. What province is the company based?

 

[scylla]

Can a letter of offer as a contractor be ok or do you need to be an "employee" the business I do work for has no employees they are all contractors. but we have letter of offers excplaining work, hours, pay etc.

I would suggest you read through this to understand the process the employer needs to complete and other requirements:

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html

I don't believe there are limitations with regards to contractors as long as the contract arrangement meets the terms outlined in the requirements above.

 

[scylla]

You need to be an employee. An offer letter is only good if your employer has a LMIA. Your employer has to pay $1k and file for the LMIA. Your employer has to show that they tried to hire in Canada but could not. That is the only way to count points for Express Entry. What province is the company based?

Are you sure about that? I believe contractors can qualify as long as the terms of their contract include all of the benefits of an employee (e.g. any health or dental benefits, overtime, etc.).

 

[Naturgrl]

Are you sure about that? I believe contractors can qualify as long as the terms of their contract include all of the benefits of an employee (e.g. any health or dental benefits, overtime, etc.).

Agree, but the contractor cannot be self-employed in Canada. It would not count as Canadian work experience. It depends on if the "contractor" is on the payroll paying taxes, benefits, EI etc. For an employer to get a LMIA, they have to show that they are hiring a person in a permanent position. The company that the OP is working for has no full-time, permanent employees, and all may be working remotely.

 

[scylla]

Agree, but the contractor cannot be self-employed in Canada. It would not count as Canadian work experience. It depends on if the "contractor" is on the payroll paying taxes, benefits, EI etc. For an employer to get a LMIA, they have to show that they are hiring a person in a permanent position. The company that the OP is working for has no full-time, permanent employees, and all may be working remotely.

Yes, agreed with that. They cannot be paid as a consultant. They must be paid as an employee.