Objective: Determine if work experience qualifies for Canadian Experience Class (CEC) under Express Entry

[Dasdasd]

Employment Structure:

• Employee is physically present and working in Canada on a valid work permit
• Employed by a Canadian Employer of Record (EOR) company
• Canadian Company handles all payroll: T4 slips, CPP, EI deductions, income tax
• However: Employment contract states employee is "exclusively assigned to the Client" and works "under the management and supervision of the Client" (foreign company outside Canada)
• Client company is located outside Canada and provides day-to-day work direction

Key Question:
Does this arrangement qualify as "Canadian work experience" for CEC purposes, or would IRCC classify it as foreign work experience?

 

[PP1984]

Employment Structure:

• Employee is physically present and working in Canada on a valid work permit
• Employed by a Canadian Employer of Record (EOR) company
• Canadian Company handles all payroll: T4 slips, CPP, EI deductions, income tax
• However: Employment contract states employee is "exclusively assigned to the Client" and works "under the management and supervision of the Client" (foreign company outside Canada)
• Client company is located outside Canada and provides day-to-day work direction

Key Question:
Does this arrangement qualify as "Canadian work experience" for CEC purposes, or would IRCC classify it as foreign work experience?

Yes, I assume that your T4, salary slip , employment is linked to Canadian SIN and you receive compensation in your Canadian bank account via payrol.

 

[Dasdasd]

Yes, I assume that your T4, salary slip , employment is linked to Canadian SIN and you receive compensation in your Canadian bank account via payrol.

Yes the compensation comes in Canadian bank account.

But I heard that people who are working for foreign client and the Canadian company is only for payroll processing then it is not considered as the requirement under Canadian labour market. I am not sure and need to verify this.

 

[PP1984]

Yes the compensation comes in Canadian bank account.

But I heard that people who are working for foreign client and the Canadian company is only for payroll processing then it is not considered as the requirement under Canadian labour market. I am not sure and need to verify this.

that is not true; many multinational companies and well-known companies have their staff seconded into the client offices.
Your employment is linked to your SIN and that makes you canadian experince class.
Your employer in Canadian,
You are working for a Canadian firm which serve foreign curtomers,
You earn in CAD
Your T4 is linked to your SIN and proves that you are working as a Canadian work permit holder.

In the experience letter, you Canadian employer should explain typical job duties what you do for the Canadian employer and office to serve their customers.

I dont see any problem as I am also working with a Multinational company in Canada and serve middle east clients.

 

[canuck78]

Employment Structure:

• Employee is physically present and working in Canada on a valid work permit
• Employed by a Canadian Employer of Record (EOR) company
• Canadian Company handles all payroll: T4 slips, CPP, EI deductions, income tax
• However: Employment contract states employee is "exclusively assigned to the Client" and works "under the management and supervision of the Client" (foreign company outside Canada)
• Client company is located outside Canada and provides day-to-day work direction

Key Question:
Does this arrangement qualify as "Canadian work experience" for CEC purposes, or would IRCC classify it as foreign work experience?

You must be working for a consulting firm who is providing your employment and paying you in Canada. What kind of WP are you on? Is the client in your home country and the home country of the employer. We have seen this similar pattern with Tata consulting

 

[Dasdasd]

You must be working for a consulting firm who is providing your employment and paying you in Canada. What kind of WP are you on? Is the client in your home country and the home country of the employer. We have seen this similar pattern with Tata consulting

It is not a consulting firm. Just a Canadian registered employer who provides EOR services. The client is in US. I am on open work permit. The company has no physical office in Canada and it has registered offices(not physical) in most part of the world.

 

[canuck78]

It is not a consulting firm. Just a Canadian registered employer who provides EOR services. The client is in US. I am on open work permit. The company has no physical office in Canada and it has registered offices(not physical) in most part of the world.

What type of WP did you receive to work for this employer?

 

[Dasdasd]

I am on pgwp.

 

[PP1984]

It is not a consulting firm. Just a Canadian registered employer who provides EOR services. The client is in US. I am on open work permit. The company has no physical office in Canada and it has registered offices(not physical) in most part of the world.

Hey from IRCC or Visa office point of view, visa office will check if job duties were physically performed in Canada, of course in case your are on secondment, but some meetings, team conversations, or some activities should be happened in Canada. But here if you direct/Primary employer is not in Canada physically, this is not good.

you have an authorized valid work permit for Canada, not for the US employer, so If you are working as seconded, it will work. only in this case US employer will be able to pay to your canadian company and then you are serving to Canadian employer.

it is a paid employment, and as you said you have t4 paystub from canadian employer.

The work experience and every document should say that you worked for a Canadian employer in a qualifying NOC (TEER 0, 1, 2, or 3) for more than a year.

here is the assessment part, IRCC will check who is the actual employer? who pays wages? who issues T4? who deducts CPP/EI? who can hire/fire? who controls working conditions? who supervises daily work? is there a genuine Canadian employer-employee relationship?

long story short, technically seems fine.

But your Canadian employer must clearly establish that the EOR firm is the legal employer. and they should be able to give you all of the supporting documents and reference lettters if neeeded.

 

[Dasdasd]

Hey from IRCC or Visa office point of view, visa office will check if job duties were physically performed in Canada, of course in case your are on secondment, but some meetings, team conversations, or some activities should be happened in Canada. But here if you direct/Primary employer is not in Canada physically, this is not good.

you have an authorized valid work permit for Canada, not for the US employer, so If you are working as seconded, it will work. only in this case US employer will be able to pay to your canadian company and then you are serving to Canadian employer.

it is a paid employment, and as you said you have t4 paystub from canadian employer.

The work experience and every document should say that you worked for a Canadian employer in a qualifying NOC (TEER 0, 1, 2, or 3) for more than a year.

here is the assessment part, IRCC will check who is the actual employer? who pays wages? who issues T4? who deducts CPP/EI? who can hire/fire? who controls working conditions? who supervises daily work? is there a genuine Canadian employer-employee relationship?

long story short, technically seems fine.

But your Canadian employer must clearly establish that the EOR firm is the legal employer. and they should be able to give you all of the supporting documents and reference lettters if neeeded.

Thank you for your reply. Hire and fire permissions, reference letters are there with the Canadian employer. Let's see.

It is quite strange that its been five to six years that people have started working remotely and such EOR cases would be normal I feel, so there should be proper IRCC guidelines whether this is considered CEC or not. As per the official CEC guidelines everything seems normal. If IRCC does not want that any other employer outside Canada controls the work then they should have explicitly mentioned it.

 

[PP1984]

Thank you for your reply. Hire and fire permissions, reference letters are there with the Canadian employer. Let's see.

It is quite strange that its been five to six years that people have started working remotely and such EOR cases would be normal I feel, so there should be proper IRCC guidelines whether this is considered CEC or not. As per the official CEC guidelines everything seems normal. If IRCC does not want that any other employer outside Canada controls the work then they should have explicitly mentioned it.

IRCC will never define EOR or each type of employment. They have guidelines and definitions as per the IRPR s.87.1, so if it falls under that, all good.

 

[Dasdasd]

IRCC will never define EOR or each type of employment. They have guidelines and definitions as per the IRPR s.87.1, so if it falls under that, all good.

Got it. Thank you for your reply.