Waiting for CEC - work permit extension and contract work questions

[buffbutters]

Hi everyone,

Background: I had 3 years PGWP (Post Graduate Open Work Permit) since 2009 and worked under contract basis (considered as self employed as I invoiced my hours to my boss). The contract work was based on availability of project and charged him by hours. After then, a few months before my PGWP expiry, I got myself employed in a eligible job (NOC A) for CEC. Subsequently, I got an approved LMO and had my working permit extended by one year specific to the company I am currently still working in. Upon completing 12 months full time in this current job, I then submitted my CEC application just basing on this job alone.

I have 2 questions:

1. I disclosed the history of my self employment (contract work) under my personal history but I did not include it in the Schedule 8 just because it is not qualified for CEC. Question is: Would they reject my application because I might be violating some rules for being self-employed under PGWP? I am not sure whether I can be self-employed under PGWP? or maybe I have to have some other kind of permit for self-employment? Note that I do still pay taxes to CRA for this contract work.

2. With PGWP and LMO, I have accumulated 4 years of working permit. There is a rule of a maximum of 4 years as a TFW. As I am waiting for my CEC application outcome (at least 13 months waiting starting from this month January), can I still apply to extend my work permit once I get my AOR even though I already accumulated 4 years? Or should I ask my employer to get another LMO now? My current work permit is expiring in June this year.

Thanks for your help!

 

[jsm0085]

Hi everyone,

Background: I had 3 years PGWP (Post Graduate Open Work Permit) since 2009 and worked under contract basis (considered as self employed as I invoiced my hours to my boss). The contract work was based on availability of project and charged him by hours. After then, a few months before my PGWP expiry, I got myself employed in a eligible job (NOC A) for CEC. Subsequently, I got an approved LMO and had my working permit extended by one year specific to the company I am currently still working in. Upon completing 12 months full time in this current job, I then submitted my CEC application just basing on this job alone.

I have 2 questions:

1. I disclosed the history of my self employment (contract work) under my personal history but I did not include it in the Schedule 8 just because it is not qualified for CEC. Question is: Would they reject my application because I might be violating some rules for being self-employed under PGWP? I am not sure whether I can be self-employed under PGWP? or maybe I have to have some other kind of permit for self-employment? Note that I do still pay taxes to CRA for this contract work.

Schedule 8 says: "Your work experience in Canada. Starting with you current occupation, list your occupations within the 3 years preceding the date of your application..."

You basically choose to ignore the instructions. It may or may not be okay. You will find out eventually from CIC. No one on here can predict the future, they don't know how the IO will react. In future, I suggest you just do what is asked of you!

2. With PGWP and LMO, I have accumulated 4 years of working permit. There is a rule of a maximum of 4 years as a TFW. As I am waiting for my CEC application outcome (at least 13 months waiting starting from this month January), can I still apply to extend my work permit once I get my AOR even though I already accumulated 4 years? Or should I ask my employer to get another LMO now? My current work permit is expiring in June this year.

If the rule is 4 years then no you cannot exceed it with an LMO. However, you can apply via the open bridging work permit, assuming you have the AOR.
Thanks for your help!

 

[buffbutters]

Thanks for your response jsm0085.

I did not choose to ignore the instructons. I did not include the contract work because the instruction guide says that to only include work that are qualified and eligible for CEC for the past 3 years. NOC 0, A, B only and also self employed work is not eligible. That's why I did not include it in the schedule 8! There is another question on the form asking whether i was self employed for the period specified on the qualifying job. And I did not include it because the self employment happened not concurrently with the period of my qualifying job. My question is I just wonder whether there is any rule about having a special permit to be self employed or in other words, self employed is not allowed under open PGWP.

In regards to bridging work permit, I am confused that provided that I get my AOR, am I still able to get it even though I already have 4 years work permit before?

Thanks!

 

[jsm0085]

Thanks for your response jsm0085.

I did not choose to ignore the instructons. I did not include the contract work because the instruction guide says that to only include work that are qualified and eligible for CEC for the past 3 years. NOC 0, A, B only and also self employed work is not eligible. That's why I did not include it in the schedule 8! There is another question on the form asking whether i was self employed for the period specified on the qualifying job. And I did not include it because the self employment happened not concurrently with the period of my qualifying job. My question is I just wonder whether there is any rule about having a special permit to be self employed or in other words, self employed is not allowed under open PGWP.

In regards to bridging work permit, I am confused that provided that I get my AOR, am I still able to get it even though I already have 4 years work permit before?

Thanks!

Yes you can. It's been designed to allow people to stay in Canada while their application is being processed. You will have no problems as long as you meet the criteria !

 

[jes_ON]

In regards to bridging work permit, I am confused that provided that I get my AOR, am I still able to get it even though I already have 4 years work permit before?

The 4 year time limit started on April 1, 2011, and the clock starts from that point forward. So this regulation will not affect anyone until April 2015.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob275C.asp#cumulative

In any case, I believe that the BWOP is exempt from this limit (the limit applies to the TFWP), though I can't document that at this moment.

 

[buffbutters]

Thanks for the replies jes_on and jsm0085.

I have met all the criteria required. I'm just worried they might reject me just because it might be not legal to have contract work (self-employed) using open PGWP and thus might be deemed unauthorized and consequently inadmissible and thus rejection.

 

[jes_ON]

I did not include the contract work because the instruction guide says that to only include work that are qualified and eligible for CEC for the past 3 years. NOC 0, A, B only and also self employed work is not eligible.

Well, I understand the reason you are confused, but I suggest you re-read the instructions - it states to include work in Canada that is skilled (NOC O,A,or B), and then has you indicate whether any of it was self-employed. It does not ask you to evaluate "eligibility" or exclude self-employment experience. So, yes, you misread the directions, and yes, it was supposed to be listed there (assuming it was skill level O,A, or B).

I am sure you are not the first person to make this error, I don't know whether it is a big deal or not, because it doesn't affect your eligiblity. You don't say when you applied or whether you have or AOR yet, but you could consider submitting a revised Schedule 8 along with a written explanation (you realized you misunderstood the instructions). Or, you could wait and see whether CIC asks about this. It's not complete misrepresentation, since you did identify it on your background declaration.


My question is I just wonder whether there is any rule about having a special permit to be self employed or in other words, self employed is not allowed under open PGWP.


PGWP is not restricted, you are permitted to be self-employed.
www.cic.gc.ca/english/resources/manuals/op/op12-eng.pdf

 

[jsm0085]

Moving forward, if you have received your AOR with reference number... Why don't you complete the form correctly and send it in along with an explanation letter that you misunderstood the guidance?

 

[buffbutters]

Right.. I have yet to receive my AOR as I just sent the application this month.
I think it's best to wait for AOR and send the revised form through email rather than sending it now without knowing where to reference it to and get it together with my application.. Right? Thanks!

 

[jes_ON]

I think it's best to wait for AOR and send the revised form through email rather than sending it now without knowing where to reference it to and get it together with my application.. Right? Thanks!

Right - and good luck!

 

[dukhi]

what happened to your issue

 

[jes_ON]

have met all the criteria required. I'm just worried they might reject me just because it might be not legal to have contract work (self-employed) using open PGWP and thus might be deemed unauthorized and consequently inadmissible and thus rejection.

No no, no worries. You can be self-employed on an open work permit.