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PLEASE HELP - Self employed in Canada under Temporary Work permit

sportas

Star Member
Jun 9, 2014
91
2
Category........
Visa Office......
Ottawa
NOC Code......
5222
Job Offer........
Pre-Assessed..
App. Filed.......
10-10-2014
Doc's Request.
None
AOR Received.
Feb 12/2015
IELTS Request
Submitted with the application
Med's Request
No
Interview........
No
I am in Canada since 2010 under TWP employer specific. My son accompanied me under Open WP.
2011 when about to submit my taxes, my employer said that I am contractor even we had clear working agreement and LMO showing hourly wages and other details about deductions. Never provided me with T4.
Even immigration consultant (current and registered) confirmed that it is legal to be self-employed under TWP.
I was working for same employer until 2013. He extended my WP. He advised me to open Small business so I can claim my expanses. I submitted taxes as small business.
When about to submit my PR application under Self-employed category as an athlete, I found that being self employed in Canada under TWP was not legal.
I am currently in implied status after I applied for LMP exempt WP as self employed.

When looking for the advice from immigration lawyer, I could my case very complicated. They could tell me nothing than to wait for the answer on my WP application.

Meanwhile I would prefer to find out what are my rights, options and legal consequences in this situation.

Thanks
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
sportas said:
I am in Canada since 2010 under TWP employer specific. My son accompanied me under Open WP.
2011 when about to submit my taxes, my employer said that I am contractor even we had clear working agreement and LMO showing hourly wages and other details about deductions. Never provided me with T4.
Even immigration consultant (current and registered) confirmed that it is legal to be self-employed under TWP.
I was working for same employer until 2013. He extended my WP. He advised me to open Small business so I can claim my expanses. I submitted taxes as small business.
When about to submit my PR application under Self-employed category as an athlete, I found that being self employed in Canada under TWP was not legal.
I am currently in implied status after I applied for LMP exempt WP as self employed.

When looking for the advice from immigration lawyer, I could my case very complicated. They could tell me nothing than to wait for the answer on my WP application.

Meanwhile I would prefer to find out what are my rights, options and legal consequences in this situation.

Thanks
See http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf - Section 5.30
 

sportas

Star Member
Jun 9, 2014
91
2
Category........
Visa Office......
Ottawa
NOC Code......
5222
Job Offer........
Pre-Assessed..
App. Filed.......
10-10-2014
Doc's Request.
None
AOR Received.
Feb 12/2015
IELTS Request
Submitted with the application
Med's Request
No
Interview........
No
I was referring to FW1 and OP8 when applying for LMO exempt WP. But when they consider weather I met the definition of self employed or not, they will still find out I was self employed in Canada under TWP. Should they accept my experience as self-employed anyway?
I wish I can get more precise answer on that.