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Need advise for reapplication - previously self-employed

ZT

Full Member
Aug 29, 2011
24
2
Hi,

I’m planning to re-apply under the Canadian Experience Class next month. My previous CEC application was submitted in October 2010 refused in July 2011 on the basis of work experience not meeting requirements – as they were all considered self-employment. Even though I have been working for the same government project through an IT consulting company in Toronto since January 2009, my employment status has changed three times in the past three years as follows:
- Jan-July 2009:sole proprietor contractor
- July 2009-Jan 2011: incorporated independent contractor (owned my own corporation which issued my T4s)
- Jan 2011-present: Full time employee

Again, since Jan 2009 to Jan 2011, I’ve worked for the same project through the same consulting company. My role/occupation falls under NOC is 5124 for all 3 years. It’s only my contract terms that have changed, and these were all done out of formality to meet the govt project's requirements.

I’m in dilemma as to what I should put in my new application, especially in Schedule 8 form for question #7: Work Experience. In my previous application, I only put the consulting company name as an employer without differentiating my employment status (sole proprietor then incorporated independent contractor), but I provided these details in the box provided to explain self-employment period.

In my new application, should I differentiate my work experience into the three categories? (i.e., sole proprietor – employer: self; incorporated independent contractor – employer: my corporation; full-time employee – employer: consulting company name)?

Any idea how the immigration office will likely respond to this situation? All advice and help will be much appreciated! I really want to minimize any risk of getting refused again.
 

nansspnosa

Member
Apr 23, 2013
14
0
Hi ,
Did you apply for the self employed category? I was also refused because they did not consider my work as jewelry designer as a cultural activity. I was refused this January 2014. I'm also an independent contractor as jewlry designer and missed to declare that I'm also employed as account manager. Do you have any idea of timeline of reapplication? If you are refused can you immediately reapply?
 

ferna

Star Member
Jan 27, 2014
173
6
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
06-05-2013
AOR Received.
24-06-2013
Med's Request
24-01-2014
Med's Done....
27-01-2014
Passport Req..
18-02-2014
VISA ISSUED...
17-02-2014 (before I got the PPR!!)
LANDED..........
01-03-2014
If you are refused, you can reapply immediately. That's what I did! I was rejected for the same reason. My work experience was considered self-employment.
First time when I applied, I had been working for one company, but did not have pay stubs as they only direct deposited to my account and I also was responsible for deducting tax from my income. But second time when I applied, I was working for a company as an employee and they were responsible for deducting my tax and I had T4 from the company. So this time my work experience has been approved.
 

yashesh

Member
Jun 17, 2010
14
0
Hi all,

need your help..

I got rejection 2 days before. And here is d comments form visa officer.
"I am not satisfied that you meet the skilled work experience requirement because you were a self-employed independent contractor from July 2012 to April 2013. Any periods of self employment cannot be included in calculating the period of work experience. You became a full time employee on March 4, 2013. At the time of the lock in date of your application, July 12, 2013 you had accumulated only 4 months of qualifying work experience."

I am still working in d same company.
Now

1)What you suggest is it the only reason or in addition to this there can be another reasons as well.
2) i didn't hire lawyer first time. Is it better to hire lawyer?
3) by 4th march i will have full one year experience as a full time employee. but again i was on vacation for 1 month. In that case can i apply by 4th march or it is better to wait until another 4th april?

your help is really appreciated.

thank you
 

HY325

Hero Member
Jan 9, 2013
306
10
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
14-01-2013
AOR Received.
20-02-2013
VISA ISSUED...
08-01-2014
LANDED..........
18-01-2014
yashesh said:
Hi all,

need your help..

I got rejection 2 days before. And here is d comments form visa officer.
"I am not satisfied that you meet the skilled work experience requirement because you were a self-employed independent contractor from July 2012 to April 2013. Any periods of self employment cannot be included in calculating the period of work experience. You became a full time employee on March 4, 2013. At the time of the lock in date of your application, July 12, 2013 you had accumulated only 4 months of qualifying work experience."

I am still working in d same company.
Now

1)What you suggest is it the only reason or in addition to this there can be another reasons as well.
2) i didn't hire lawyer first time. Is it better to hire lawyer?
3) by 4th march i will have full one year experience as a full time employee. but again i was on vacation for 1 month. In that case can i apply by 4th march or it is better to wait until another 4th april?

your help is really appreciated.

thank you

was it a paid vacation? if so, you can apply on March 4th.
but if you werent paid during your vacation, it wont count towards your experience
and you will have to apply after April 4th.