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Application refusal for PR (EE: CEC)

montatich

Member
Feb 8, 2018
15
2
Hello,
Can anyone help me or give me advice, I'm really lost and don't know what to do !!!
I've been in Canada since 2008. I attended a linguistic school to study TOEFL, then in same year I took it and passed it.
By september 2009, I started going to a University, majoring in computer science, then graduated june 2015.
Later that summer I got my post graduation work permit issued for 3 year (expiring mid July 2018).
While I was looking for a job in my filed, the rest of year, I worked at shoppers drug mart as a merchandiser.
March 2016, I started working for this software company full time from home. They are located in Toronto and I was in Windsor. I Have contract with them for 3 years and still currently with them.
For tax purposes, they didn't put me on payroll, instead I send them invoices biweekly and they send me an Interac e-transfer. So I filled my taxes for 2016 as self-employed.
I entered the express entry pool this year and got an invitation. I applied and provided all the necessary documents(including the references letter from my employers stating every detail).
Immigration officer from windsor contacted me and asked me for an interview to explain my work situation. I went and took all the necessary document like the contract, the invoices, the e-transfers emails, the bank statements with deposits collapsing at same time, showed the officer all my daily working routines through official emails, skype messages and chats with daily job tasks and assignments (over 2years).
She told me based on what I showed her I'm not technically self-employed but my tax return says so also I don't have a T4. She said even though I'm a perfect candidate for PR based on my age, language proficiency, education, and work, but the Ottawa officer may decline me on a technicality. Effectively the next day and got the refusal letter.
Without the job experience I'm only 381. When I get the job offer will be 431(+50pts), which is already a long process; employer posting the job for 4 weeks on 3 different websites then applying for LMIA which will take another month, my work permit will be already expired !!!! 431 points at express entry is a long shot since it's been at the 44X and up and apparently won't drop down anytime soon because of the high concurrences this year !!

So based on my situation what are my best options to apply for PR in Canada since I can't do it under the Canadian experience class ?
 

csmanager

Member
Apr 26, 2018
19
2
Toronto
NOC Code......
1111
AOR Received.
07-05-2018
Hello,
Can anyone help me or give me advice, I'm really lost and don't know what to do !!!
I've been in Canada since 2008. I attended a linguistic school to study TOEFL, then in same year I took it and passed it.
By september 2009, I started going to a University, majoring in computer science, then graduated june 2015.
Later that summer I got my post graduation work permit issued for 3 year (expiring mid July 2018).
While I was looking for a job in my filed, the rest of year, I worked at shoppers drug mart as a merchandiser.
March 2016, I started working for this software company full time from home. They are located in Toronto and I was in Windsor. I Have contract with them for 3 years and still currently with them.
For tax purposes, they didn't put me on payroll, instead I send them invoices biweekly and they send me an Interac e-transfer. So I filled my taxes for 2016 as self-employed.
I entered the express entry pool this year and got an invitation. I applied and provided all the necessary documents(including the references letter from my employers stating every detail).
Immigration officer from windsor contacted me and asked me for an interview to explain my work situation. I went and took all the necessary document like the contract, the invoices, the e-transfers emails, the bank statements with deposits collapsing at same time, showed the officer all my daily working routines through official emails, skype messages and chats with daily job tasks and assignments (over 2years).
She told me based on what I showed her I'm not technically self-employed but my tax return says so also I don't have a T4. She said even though I'm a perfect candidate for PR based on my age, language proficiency, education, and work, but the Ottawa officer may decline me on a technicality. Effectively the next day and got the refusal letter.
Without the job experience I'm only 381. When I get the job offer will be 431(+50pts), which is already a long process; employer posting the job for 4 weeks on 3 different websites then applying for LMIA which will take another month, my work permit will be already expired !!!! 431 points at express entry is a long shot since it's been at the 44X and up and apparently won't drop down anytime soon because of the high concurrences this year !!

So based on my situation what are my best options to apply for PR in Canada since I can't do it under the Canadian experience class ?
I think you should apply to extend your current work permit now and wait for the LMIA at the same time. Make arrangement to be a regular employee for your current work. Get higher IELTS score and you'll get enough CRS for EE.
 

newbutterfly

Star Member
May 31, 2016
155
35
Inland
Category........
Job Offer........
Pre-Assessed..
Ask the CRA for a determination of your employment status, then submit that to the immigration officer with your next application.
 

montatich

Member
Feb 8, 2018
15
2
I think you should apply to extend your current work permit now and wait for the LMIA at the same time. Make arrangement to be a regular employee for your current work. Get higher IELTS score and you'll get enough CRS for EE.
can I apply for a new work permit while waiting for the LMIA !!! because I'm holding a PGWP now !! is a contract enough to apply for a work permit !!
 

montatich

Member
Feb 8, 2018
15
2
Ask the CRA for a determination of your employment status, then submit that to the immigration officer with your next application.
Do you have links how to Ask the CRA for a determination of employment status ? so if i do that the cra fixes it and i will be considerate as an employee for those past two years !! my company is willing to put me on payroll now and will help me to adjust my status
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..

montatich

Member
Feb 8, 2018
15
2
Last edited:

newbutterfly

Star Member
May 31, 2016
155
35
Inland
Category........
Job Offer........
Pre-Assessed..
thanks for the link
my questions is if i do the employment determination, my company will cooperate with that, will cra fixes my status from self employed to employee on both tax return notice of assessment for 2016 and 2017 so cic can't count those Canadian work experience years !!
Talk to your employer before doing that because CRA may order your employer to repay the taxes, EI and other things paid during an employer - employee relationship. Also note that the determination by the CRA is not conclusive but will only act as a persuasive element for CIC.,
 

csmanager

Member
Apr 26, 2018
19
2
Toronto
NOC Code......
1111
AOR Received.
07-05-2018
can I apply for a new work permit while waiting for the LMIA !!! because I'm holding a PGWP now !! is a contract enough to apply for a work permit !!
My understanding is it's legal to work if you have submitted your extension application even though your current work permit is expired.