How can IT contractor be eligible for CEC?

[Machoman2009]

Hello Everyone!

I am on open workpermit. I am self-employed with sole proprietor. Recently, I came to know that I will not be eligible for CEC class for PR.
Can anyone provide valuable suggestions on how to get through this hurdle. My case

-working as self-employed with sole proprietor.
-working for a client through agency.

My questions:

Would it help if I am incorporated?
In order to have an incorporation is it required to be a Permanent resident or citizen of canada?
How can I become incorporated?
Can I issue T4 for myself and become eligible for CEC?

OR

Is there any agency that can run payrolls and provide T4 with employment income field filled?

Any suggestions would greatly appreciated.
Thank You

 

[Hopefulagain]

Hi Machoman

Actually this is a very contentious topic and different people would have different view points. But the more important thing to understand here is why CIC does not accept self employment in CEC applications.

What i have been able to comprehend is....

1. CEC is meant to fast track (??????) those people who already have canadian experience and are able to assimilate into canadian society

2. For CIC to evaluate this criterion, they need to get the actual number of hours you have worked, language proficiency and graduation requirements (for grad route applicants only)

3. Now, it is easy to evaluate language proficiency (through IELTS) and somewhat easy to evaluate grad requirment (through college website) but how would they identify work experience.

4. for this they need the letter from company, pay stubs, NOC code etc.


5. so if you are self employed (sole proprietor or incorporated) then, essentially it is you who is providing a letter and all other required documentation for yourself.....this brings in the "conflict of interest" issue. hence, they need a 3 company/person to issue that letter and that person should be avbl for verification. They would not be comfortable calling you up to inquire from you your std work hour week or your duties or your salary structure, right?

So, can you ask your company (whose client you work for) to provide T4's for you but this would mean that all the time that you have worked for them will not be counted? Because, according to me only a T4 issued by a company and a letter issued by another company is acceptable to them currently.

Again, using another company that neither employs you and/or who you work for....to satisfy the T4 issue....will only complicate matters than ease it up, plus, i dont know if that is even possible.

A letter from client would also help but it has to be in addition to the company that employs you. I dont know if i have been able to explain the contentions that this requirement brings, but, this is how i feel the CIC is evaluating work experience.

Now, whether we agree with their evaluation methods or not is a different matter altogether.

 

[flag2009]

from my understanding you are NOT eligible if you are self-employed i.e. if you pay your taxes yourself.

I worked through an agency for 4 months, I was eligble because at that time, i was working under the agency and was not incorporated, they deducted my taxes before giving me my bi-weekly pay checks. I had to stop working with them, when they wanted me incoporated.

 

[Machoman2009]

Thank you Hopefulagain and Flag2009 for your responses.

One of my friends has sole propertership. Can he issue T4 for me and show that I worked for him?
Please let me know your valuable suggestions.

Thank You

 

[Hopefulagain]

My first question here would be, "why would you even try that?"

Have you thought of all the implications and ramifications?

1) is your friend signing the contract with your agency, and then signing the contract with you?

2) would you be able to get letters from your friend, the agency and its client highlighting the fact. It is , i think, very rare that an agency will sign a contract with another agency (thats what your friend would be) to find an employee.

3) if the alarm bells do go off in the VO's head would you be able to completely satisfy him with all the necessary paperwork - you may need to get letters from all 3 mentioned above

4) are you ready to take that chance? - do you ABSOLUTELY have no other option? Remember, any misrepresentation would lead to 2 years of ban and a black mark for you. Would your friend, the agency AND the client be ready to take that risk where they expose themselves to greater scrutiny from government agencies?


If you are asking me, and i acknowledge that since we do not know each other you may not take me seriously, but I would NEVER recommend such an action cos it could do you more harm than good.

Please do NOT take any decision in haste. Sit down, clear your head, think logically. Make sure that you have crossed all the t's and dotted all the i's before you do anything.

 

[Machoman2009]

thank you Hopefullagain.... I really appreciate your time and efforts in helping me out.

Before I take any decision, I always try to find valuable suggestions.And, whatever you provided really helps me in choosing the best.

If you are in my position, what would you go for?
(like
You have two years of education with open work permit for 3 yrs
you are working as an IT contractor with agency,
You wanted to get PR
You are in search of employer who can provide T4 with employment income filled
You wanted to make sure you will be eligible to CEC)

Your every suggestion is counted for building my career.
I really appreciate your efforts. Thank You....u r the best.

 

[ihabkal]

I am in the same situation as you, and I called them to confirm, there is no way you or me can get CEC. NO WAY. NO WAY.
When I was joking about fraud every one jumped at me and gave me negatives, and now you are discussing it openly?
Bototm line there is no way for a self employed person to apply as CEC.
Stop wasting your time thinking about CEC, they are not stupid, me and you my friend don't have any experience in fraud like many applicants do, we are benefiting Canada with our experience and taxes and then we don't get anything in return.
try to get a regular job and hopefully they will pass the law of the 1 year experience and then you can apply. for me I am an artist so I can apply in the bottlenecked business self employed category.

 

[Hopefulagain]

@ machoman

If I were you...

1) I would try to talk to my agency to convert me to a temp/contract employee (including issuing T4 etc). Maybe you can talk to them about paying you on hourly basis etc.or

2) I would look for another job ( in this economy, i know its REALLY tough) or

3) I would look at other options. If you are a masters student you can apply for PNP (Ontario) and dont even have to be employed. If you are in a different province look up ur province's requirements.

But i would NEVER recommend you to even consider doing something that could be construed as fraud. Please be very careful. Now, I am not an immigration expert, but, if you can find someone who would be able to give you legal advice that would be most appropriate. Remember, if fraud is detected even after grant of PR they have the right to revoke your PR.

@ ihabkal

I truly acknowledge your and machoman's frustrations but I am sure that all those who negated your discussions about fraud only had your best interests in mind. All of us here are going through this emotionally and financially exhaustive process and, we are all each others best friends and voice of reason. You should be glad that people advised you against committing fraud and protected you from exposing yourself to irreparable harm. There is always light at the end of the tunnel.....and i know its easier for someone who is not going through what you are to say this, but, hang in there.

 

[Machoman2009]

Hello everyone,

Thanks for the responses. Obviously, I do not want to do any fraud. Canada government is helping immigrants in lot of sense when compared to many other countries. they are providing more options. And, I am trying to find what are the options that goes with the government. Before, I make any decision I always take advices of experts/experienced people (like you all). In order to be freee from hassle,getting one full time job is good option and I will work on it. Thank you all.. Any further suggestions greatly appreciated.

Thank You

 

[seton]

You can also investigate some of the PNP streams, which do allow self-employed persons to apply.