Work experience and payroll! Please, help!

[JL.]

Hi everyone!
I'm seeking for help regarding express entry: I was employed in a company since October 2014, but they couldn't put me on payroll until January 2016. I was treated like a full time employer, having my 2 weeks of vacation every year, working in the office regular hours (40 hrs/week, from 10 am to 6 pm), using their equipment and dealing with projects I was assign to. They are willing to provide me with any kind of proofs and documents regarding employment. But the problem is my work permit expires in the end of October. So I won't be able to gain required one year full-time work experience on time. My company is also planning on going through LMIA process if it helps. My question is: if I apply through express entry, can my work experience be counted?

 

[JoacRy]

If the company did not pay you as you were not on their payroll, then who were you paid by?

 

[JL.]

JoacRy,

They used to send me checks/direct deposits twice a month, like they do for most freelance employers

 

[JoacRy]

What does your contract say in terms of how you are to be treated? (ie as an Employee or a 'Contractor'). Did you make more than the CRA annual threshold of $30,000 (gross)? If you did you would have had to remit GST/HST and the VO might consider this as more of a Contractor-Client than an Employer-Employee relationship.

Also was tax, CPP and EI taken out of your pay? And were you issued a T4?

 

[JL.]

What does your contract say in terms of how you are to be treated? (ie as an Employee or a 'Contractor'). Did you make more than the CRA annual threshold of $30,000 (gross)? If you did you would have had to remit GST/HST and the VO might consider this as more of a Contractor-Client than an Employer-Employee relationship.

Also was tax, CPP and EI taken out of your pay? And were you issued a T4?

Thank you JoacRy for your reply.

I didn't sign any contract and I made less than you mentioned. I would really appreciate if you explain me this or share some links about it. Non of CPP or EI was taken out of my pay, I had to file my tax as self-employed.

 

[JoacRy]

Unfortunately you are not eligible for Canadian Experience Class. You may however be eligible for Federal Skilled Worker Program.

What is your CRS Score? Also do you have work experience in your home country? If so please detail. It's hard sometimes to advise without seeing a person's profile.

 

[JL.]

I don't have any experience in my home country. And CRA is 408 points. Is not being on payroll, while having an experience in the same company that important? The reason I'm asking is that one person told me before, the Immigration of Canada is interested to see the candidate holding a permanent position. Is there any other way my company can prove it is interested in my skills? And will obtaining LMIA make any sense in this situation?

 

[JoacRy]

The thing is since you don't have experience in your home country, you cannot qualify for FSW. The only thing you could qualify for is CEC. As you have admitted you are self-employed this is not something accepted by CEC.

"Self-employment and work experience gained while you were a full-time student (for example, on a co-op work term) does not count under this program."

http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

LMIA makes a huge difference. This is the form your employer needs to complete. Its good you found an employer willing to help you out with this. Most employers would not go through this hassle. Any questions happy to help.

file:///C:/Users/Owner/Downloads/esdc-emp5602(2015-06-002)e.pdf

 

[JL.]

The thing is since you don't have experience in your home country, you cannot qualify for FSW. The only thing you could qualify for is CEC. As you have admitted you are self-employed this is not something accepted by CEC.

"Self-employment and work experience gained while you were a full-time student (for example, on a co-op work term) does not count under this program."


LMIA makes a huge difference. This is the form your employer needs to complete. Its good you found an employer willing to help you out with this. Most employers would not go through this hassle. Any questions happy to help.

Sorry, JoacRy, in my first post I meant to say that I became employed recently, in January 2016. Company already put me on payroll and I'll have my T4s from January to October. That's why I was wondering if this might help me to become eligible for CEC?

 

[JoacRy]

Sorry, JoacRy, in my first post I meant to say that I became employed recently, in January 2016. Company already put me on payroll and I'll have my T4s from January to October. That's why I was wondering if this might help me to become eligible for CEC?

If company put you on their payroll in January 2016 (this month) how do you have a T4 from January to October? Do you mean company placed you on payroll in January 2015?

A T4 is something you will get after the financial year is ended. If company placed you on payroll in January 2016, then you will get a T4 after December 2016 has finished.

 

[purplesnow]

The thing is since you don't have experience in your home country, you cannot qualify for FSW. The only thing you could qualify for is CEC. As you have admitted you are self-employed this is not something accepted by CEC.

this is not true. to qualify for FSW you just need a years continuous skilled work experience in the previous 10 years, it doesn't matter if that experience is gained in Canada or your home country.
I know as I got my PR through FSW and only had Canadian work experience.

 

[JoacRy]

this is not true. to qualify for FSW you just need a years continuous skilled work experience in the previous 10 years, it doesn't matter if that experience is gained in Canada or your home country.
I know as I got my PR through FSW and only had Canadian work experience.

@ purplesnow. Agreed, but JL says that he/she does not have any experience in their home country and they have only been working as self-employed in Canada.

That's why I said I don't think he/she is eligible for FSW.

 

[f1ahmed]

@ purplesnow. Agreed, but JL says that he/she does not have any experience in their home country and they have only been working as self-employed in Canada.

That's why I said I don't think he/she is eligible for FSW.

purplesnow is correct. His self employed experience will make him eligible for FSW. It does not matter where did you get the experience (could be in Canada/outside Canada). When he checks the option "if this experience is a self employed experience"- he won't get points for CEC but will become eligible for FSW.

 

[JoacRy]

My apologies then I thought only non-Canadian work experience was allowed to be self-employed.

 

[f1ahmed]

Hi everyone!
I'm seeking for help regarding express entry: I was employed in a company since October 2014, but they couldn't put me on payroll until January 2016. I was treated like a full time employer, having my 2 weeks of vacation every year, working in the office regular hours (40 hrs/week, from 10 am to 6 pm), using their equipment and dealing with projects I was assign to. They are willing to provide me with any kind of proofs and documents regarding employment. But the problem is my work permit expires in the end of October. So I won't be able to gain required one year full-time work experience on time. My company is also planning on going through LMIA process if it helps. My question is: if I apply through express entry, can my work experience be counted?

Hi JL.

This is very tricky situation. I would like to ask you a few questions:

1. Are you incorporated? do you have your own business set up and have HST/payroll account?
2. Did you file tax for the period October, 2014 to December, 2014? if yes, how did you do that?
3. If you are not incorporated, did you register for a self employed business name?
4. Do you have any pay stubs for that mentioned period you worked as a self employed employee?

I am trying to understand the situation and will share my experience as I had exactly the same employment condition as yours. Don't worry too much, at least your employer is kind enough and wish to process LMIA for you.