Foreign experience while in Canada

[catch_catch]

Hello,

I am in Canada currently on work permit. For last 18 months I've been working as a web developer for a company based in India. I had previous connections in that company before I came to Canada so, it was easy to get in. Though they paid me in INR cash but I carried on because I was getting good experience.

Now, my question is - Can I use that experience for PR application under Federal Skilled worker program ?

 

[canuck78]

Highly doubtful if they paying you in INR and cash. Did the company get an LMIA for you? The company has really hurt your chances in my opinion. They should be paying you in CDN dollars and not paying cash. They are clearly trying to pay you less than a Canadian worker and avoiding paying/collecting taxes on your salary. Do you have a written contract? What proof do you have that you work at the company in their Toronto offices? Not sure how a case like yours will be treated given that company is not following the laws.

Would like to hear some other opinions.

 

[catch_catch]

The company is totally based in India and they have no presence in Canada. I am on PGWP and not seeking an extension at this time so, there is no requirement of LMIA, I believe. Since, I had good relations with one of the Senior Developers there I contacted them after I finished college here in Canada. They agreed to hire me and all necessary paperwork was done. After that I started working remotely from Barrie. I do have salary slips for all the months I've worked with them. The catch is I was in Barrie the whole time.

 

[canuck78]

Thanks for the information. Now your situation makes more sense. Unfortunately you are essentially freelancing for the company and are considered self-employment which doesn't qualify. The company you are working with also doesn't have a presence in Canada.

 

[catch_catch]

I wasn't freelancing. I was on payroll, withdrawing a monthly salary. It's just that I was working remotely from Canada. The paperwork which was signed by me clearly mentions that I am a full time employee.
I think that nowhere it states that an applicant applying under FSW has to be present in company office during the time experience is being gathered.

 

[canuck78]

If you don't consider yourself self-employed then you are working remotely for a foreign company with no Canadian presence therefore you are not getting 1 year of Canadian work experience. You could technically be working from anywhere. I am sure your company is not paying into the Canadian tax system on your behalf, you are not getting the required government deductions off your paycheque, etc.

I'll let someone else comment as well.

 

[catch_catch]

I have no doubt that I'm not gathering Canadian Experience. FSW program does not requires an applicant to necessarily have Canadian experience. Since, the employer is not present in Canada and I'm not earning in CAD so, both parties are not contributing to Canadian tax system. On ground, in Canada I'm only working for a foreign company which is paying me in foreign currency outside Canada. But, the experience is real and my query remains, can I use that experience towards my PR application under FSW program ?

Thank You

 

[canuck78]

Sorry missed that you were wanting FSW not CEC given that is the traditional route with PGWP and living in Canada. Yes it should count towards experience. My two concerns are that I'm not sure if you are fullfiling the PGWP requirements and that your Canadian income taxes may not reflect this arrangement. The cash issue is a bit strange but as long as your company provides regular pay stubs. I hadn't realized that this case was so complex so I have asked another member to share his thoughts. Hopefully they will comment tomorrow. Best of luck.

 

[catch_catch]

I came to Canada as a student. It was only after I graduated, that I got my PGWP. I guess that's the requirement you're talking about. If there's anything else which I'm missing, please mention. As per Income taxes in Canada, since I'm not earning anything here I believe I'm not liable to pay any taxes. I did mention it to my accountant. He agreed.

I'm really grateful for your responses and thank you for looping in another member for a second opinion.

 

[xiaohan]

You need a proper employment letter to show IRCC your 1.5 years work experience, especially the job duty part. Paying cash doesn't really matter for foreign experience as long as the company can issue you the letter in a required format from IRCC you should be fine.

 

[catch_catch]

You need a proper employment letter to show IRCC your 1.5 years work experience, especially the job duty part. Paying cash doesn't really matter for foreign experience as long as the company can issue you the letter in a required format from IRCC you should be fine.

That's really reassuring. I actually started this job for the fun of it . In the beginning I had no idea that this work experience can lead towards Permanent residency.
So, can you please tell me what all documents will be required pertaining to the job while applying under FSW program. You've mentioned a 'proper employment letter'. Is there a thread on this forum or any other resource where you can point me to look for one.
Also, what kind of scrutiny can I expect from IRCC while they verify this experience ?

Much Thankfully

 

[xiaohan]

The first thing is see what's your CRS score using the CRS calculator: http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
But do remember to check the critera in here: http://www.cic.gc.ca/english/express-entry/grid-crs.asp

Register a account on IRCC website and create an Express Entry application/profile. The system will automatically decide which program, CEC, FSW etc. automatically.

Once you get invited by receiving an ITA letter for your EE application, it will tell you exactly what kind of documents it needs and all the requirement for each document. In general, you will need to scan:
Your passport
Take photo
Medical exam
Employment History
Police certificate
Explanation Letter(in case you have something you want to explain)
Some people may have more documents, you will know exactly what you need after you receive ITA.
You could start preparing police certificate/criminal history in advance, as it normally takes 1-3 months for most of countries.

For how they assess your work history, that's all depending on the case officer, you would not be able to contact him/her directly. So that's something you should try to prepare all the documents perfectly.

 

[Frisk]

Under the same circumstances, do you think is it possible to apply under CEC?example: Out of 3 years I've been working for a foreign company (same case as yours) for 1 year and another year for a Canadian company?

Wold the 'foreign' experience count towards pr?

 

[catch_catch]

Under the same circumstances, do you think is it possible to apply under CEC?example: Out of 3 years I've been working for a foreign company (same case as yours) for 1 year and another year for a Canadian company?

Wold the 'foreign' experience count towards pr?

I think you should mention whatever experience you have while creating your profile and like xiaohan mentioned the system will automatically determine the program whether FSW or CEC.

 

[DelPiero07]

I came to Canada as a student. It was only after I graduated, that I got my PGWP. I guess that's the requirement you're talking about. If there's anything else which I'm missing, please mention. As per Income taxes in Canada, since I'm not earning anything here I believe I'm not liable to pay any taxes. I did mention it to my accountant. He agreed.

I'm really grateful for your responses and thank you for looping in another member for a second opinion.

But you did declare your foreign income in your tax returns, correct?