Self-Employed means no CEC?

[future200]

Good Morning Everyone:
Finally I received my PGWP couple days ago but I started frustrating.
I got a job at the beginning of June. For that moment, my off campus work permit was expired so I can not apply for my SIN card.
Then my boss kept paying me cheque for my wage and he did not pay CPP, EI and income tax for me because I can not provide my SIN.
I went to Service Canada and got my SIN right after I received my PGWP, but I think I become self-employ from beginning of June until now.
I read a lot of cases about applicants who had self-employment experience would be declined by CIC for CEC application.
My question is:
1. Am I defined as s Self-Employment?
2. If I am, will this history affect my application for CEC?
3. If I find another job in a totally different company to earn my job experience, does it helps?
4. ANY suggestions are welcomed!

PS: Even though I worked after the expiry of my off campus WP, but it is totally legal because I submitted my application for my PGWP before the expiration.

Thank you for your answer.

 

[jes_ON]

I got a job at the beginning of June. For that moment, my off campus work permit was expired so I can not apply for my SIN card.

Then my boss kept paying me cheque for my wage and he did not pay CPP, EI and income tax for me because I can not provide my SIN.
I went to Service Canada and got my SIN right after I received my PGWP, but I think I become self-employ from beginning of June until now.


What is not clear - has your boss changed your payment since you got your SIN? Is he/she now making the statutory deductions?

It is true that without a SIN an employer cannot make statutory deductions, but this does not mean self-employment. This happens to everyone who is on "implied status." Your employer needs to retroactively pay his/her share of the statutory deductions. As for your share, you can ask your employer to deduct them and pay them now, or you will do it when you file your tax return (you will probably owe quite a bit of money).

On the other hand, now that you have provided him/her with a SIN, if your employer continues to pay you without making the deductions, then it is possible that he/she considers you to be a self-employed contractor. You will have to ask.


I read a lot of cases about applicants who had self-employment experience would be declined by CIC for CEC application.

The fact that your employer did not make deductions while you were on implied status is not enough information to know if you are self-employed. If you find that you ARE self-employed (best way is to just ask your "employer"), it is not negative, however the experience cannot be used to qualify for CEC. In that case, you should find another job. And you should try to get help on what you need to do RE filing self-employment taxes for that period - it's a bit more complicated than if you are employed by someone else.

 

[future200]

What is not clear - has your boss changed your payment since you got your SIN? Is he/she now making the statutory deductions?

Ans: Yes, I already submitted my SIN and he will make the deduction for me

It is true that without a SIN an employer cannot make statutory deductions, but this does not mean self-employment. This happens to everyone who is on "implied status." Your employer needs to retroactively pay his/her share of the statutory deductions. As for your share, you can ask your employer to deduct them and pay them now, or you will do it when you file your tax return (you will probably owe quite a bit of money).

I have already talked with my boss, he said he will not do the retroactively pay me the share of the statutory deductions. SO I will pay the tax by myself next year April when I file my tax return. For this situation, I will be defined as self employ I guess :'(

I really really appreciated your answer since I went to couple law firms already but no one give me a straight answer. One more question: If my boss defines me as a self-employee from June to July, are you suggesting me to find a different job in different company and then work for one year?Thank you for your answer

 

[jes_ON]

I have already talked with my boss, he said he will not do the retroactively pay me the share of the statutory deductions. SO I will pay the tax by myself next year April when I file my tax return. For this situation, I will be defined as self employ I guess :'(

No, you haven't said anything that makes me think you are self-employed.

I really really appreciated your answer since I went to couple law firms already but no one give me a straight answer. One more question: If my boss defines me as a self-employee from June to July, are you suggesting me to find a different job in different company and then work for one year?

No, I am not suggesting that, there is no reason I can think of that you should have to leave you current position. Of course you can if you want to, but this is not a reason. Even if you were self-employed for those two months, you are employed now, right? It only means you can't count those two months.

There's another issue, it is not entirely clear whether work performed after graduation but before you receive your PGWP is counted for CEC... So in your case I would just start counting your experience from the time you received your PGWP and were definitely employed...