Thanks, for your reply I already have submitted file with self employed experience in work history with incorporation,pay stub, contract, too early for tax now cannot do anything. Experience on payroll Jan01,2013-April 2015 payroll.Anya654 said:Since you didn't claim points as self-employed do not add it to your work history, instead add it to your personal history so you don't have to show proof for it. However make sure the 2 years payroll job you got your points for was exactly 2 years or more. Goodluck!
Dilbert said:NOTE** You do not require an official ruling from CRA to determine whether you are self-employed of not. Just by reading through the manifest you can determine your own employment status.
I agree that you might be considered as "employed" by CRA criteria, but I disagree with this. You can read and determine whether you *might* be considered employed by CRA's criteria, but you must get the CRA ruling. Otherwise, you are leaving the decision to the VO (sorry, they cannot simply take your word for it).
The VO is not going to get into the complexities - they will see you are incorporated and get a T4A and that you pay GST. All of that screams self-employed. Without the CRA ruling, CIC has no evidence to determine otherwise.
You might get lucky - I hope you do - but I wouldn't risk my future on hoping for the VO to go the extra mile. if I were you, while your file is in process, I would request the CRA ruling just in case.
See the section "Factors to consider - "employee vs self-employed"
http://www.cic.gc.ca/english/resources/tools/perm/econ/cec/work.asp
Of course it does not say the CRA ruling is required, it is a choice. But I would rather have it than not, in your shoes.
Anya654 said:When I got PR. It's the only work experience I used to get the PR ie applying as self-employed.
Thank you so much for this! This is a relief. From your explanation I am not self employed for the 4 months I worked as an independent contractor at an event company. How did you know to provide additional documentation, like certification of incorporation and ownership? Also, since leaving the company it was bought by another company, so it is not ACTIVE, like you say. Do you think this will matter?I understand this is a huge grey area for some of you. I was in a similar situation and have successfully got my PNP nomination and got an ITA this morning.
NOTE** I did NOT select the "self-employed" checkbox in the EE profile as I do not consider myself to be one based on the research I did online on CEC & CRA websites. Refer link below
Let me give you my background history and then shed some light on self-employment category.
Total work experience =2 (1 + 1) under 2 different NOC 2282(IT Support Analyst(help-desk role) & 2171 (IT Consultant) )
1st Year experience : This was on payroll, hence does not come under self-employment category as my taxes were part of the salary.
2nd Year experience : Worked for an IT staffing agency as for a third-party company as a contractor. Now most of you who work in the IT area and are acting as a contractor would come under this category. Since I am not on a payroll with the company and the agency pays me directly including HST, I had to open up an incorporation (also termed as a small business account).This to me is where the confusion lies regarding self-employment for most of you.
If the following applies to you then you are NOT self-employed!!:
1) Fixed roles & responsibilities as described by your hiring manager
2) Fixed working hours (9-5 in my case)
3) Fixed salary per hour and NOT a variable rate based on daily services rendered
4) All assets are provided by the company/agency ( example : working cubicle, laptop, software use, hardware use and remains company property ). This might not be applicable for some of you.
Official details and explanation can be found within the links below
1) http://www.cra-arc.gc.ca/formspubs/menu-eng.html
2) http://www.cra-arc.gc.ca/tx/hm/xplnd/itc-eng.html
3) http://www.cra-arc.gc.ca/E/pub/tp/it73r6/it73r6-e.html
4) http://www.cra-arc.gc.ca/tx/hm/xplnd/rlng-eng.html
5) http://www.cra-arc.gc.ca/tx/hm/xplnd/plcmnt-eng.html
NOTE** You do not require an official ruling from CRA to determine whether you are self-employed of not. Just by reading through the manifest you can determine your own employment status.
You are considered to be self-employed in the following cases.
1) If you do not have fixed working hours (example : farmer, taxi/uber driver, artist, free-lance worker, coffee shop owner etc...)
2) Your duties & responsibilities and employers change on regular basis
3) You sales or services rendered vary daily/weekly
4) You provide your own hardware/ tools/ software and charge the client accordingly.
Now having identified what accounts for self-employed and what's not. As I said I have received the PNP nomination. There are additional documentation / details that I had to submit to CIC/PNP in my case. If applicable in your case you would need to submit the same.
1) Certification of Incorporation - show's when the company was registered
2) Certification of Ownership - shows who the owner of the company is
3) Certification of Compliance - shows current company ACTIVE status and if taxes are paid
4) Tax receipts/filing status
5) Letter from agency & employer - shows a link that I am hired by the agency but work for the employer.
Letter from the agency : Mentions that my contract is from such and such date and my company name and also mentions that my roles & responsibilities are defined by the 3rd party employer XYZ and mentions hourly rate and biweekly payment schedule
letter from the Employer : mentions all the relevant details, such as start-date, end-date, agency name, roles & responsibilities , signed by my reporting manager, HR manager ... etc (incase I have missed anything please add)
HiHi Everyone
so I have been working for a big bank for past 1 year through Procom consultancy group ltd I work as IT Support Analyst. I work as a contractor temporary employee there is no where mentioned in my contract that I am self employed. Pocom pays me semi monthly they deduct my cp/ei and taxes and they also provide me the pay stubs I submit my hours using flax track online time sheet my hours are fixed to 37.5 but i usually work OT some times for which i get paid at OT rate that is 1.5 as well I also get 4%vacation pay and all the statutory holidays but I don't get any medical benefits. when I requested for a experience letter bank was not willing to provide any kind of letter to me. My manager has forwarded my duties to procom and they has provide me the following letter on Procom's letter head.
To Whom it may concern,
Please accept this as confirmation that MR. XXXXX is currently on contract(temporary employee) with procom in the temporary capability of IT Support Analyst working onsite at Procom's client XXXXXXXXXXXX"name of bank "Calgary , Alberta.
MR. XXXXX is presently compensated at an hourly rate of $XX.XX and has been on contract with Procom since Aug 4,2014 and is expected to finish the existing contract on Dec 4 2015.
This letter confirms that MR. XXXXX is currently employed full time (37.5 hours pe week) from Aug 4,2014 in the position of IT Support Analyst.
The job duties of the IT Support Analyst at XXXXXXX" banks name " provided directly by XXXX"banks name" manager include:
1
2
3
4
5
6
7
should you require additional information please do not hesitate to contact xxxxx at 647-XXX-XXX or XXXXX@procom.ca directly.
Regards,
signature
National Account manager
procom Consultancy Group LTD.
Tel: 416-xxxx-xxxx
XXXXX@Procom.ca
will this experience be counted and will this letter work I know there are tons of people working through procom and other agencies please if some has filed there documents for pr please share your views.
