Need Help- Independent Contractor

[nature7861]

Hello Everyone,
I need help.I am not sure whether or not I am eligible for CEC.
1.I am an independent contractor
2.I work 40 hours per/week ,(fixed time )from 12.00pm-8.00pm( monday to friday), fixed salary per year.
3.I am a field service technician and I am paid by the company bi-weekly (direct deposit)but my taxes are not paid my company ,I pay my taxes.
4.I am very much bounded by my company ,all my equipment that is been used for work comes from my company.
I even consulted two immigration lawyers while accepting the job offer and they both said YES in the beginning but now they are saying that it is self employment.I don't understand how I am self -employed even though I am mostly dependent on my company for work.I don't how to justify my case that it is not self employment.Is there any procedure that I can follow or any letter that I should write explaining my situation?Please help.

 

[lpc19800]

Hello Everyone,
I need help.I am not sure whether or not I am eligible for CEC.
1.I am an independent contractor
2.I work 40 hours per/week ,(fixed time )from 12.00pm-8.00pm( monday to friday), fixed salary per year.
3.I am a field service technician and I am paid by the company bi-weekly (direct deposit)but my taxes are not paid my company ,I pay my taxes.
4.I am very much bounded by my company ,all my equipment that is been used for work comes from my company.
I even consulted two immigration lawyers while accepting the job offer and they both said YES in the beginning but now they are saying that it is self employment.I don't understand how I am self -employed even though I am mostly dependent on my company for work.I don't how to justify my case that it is not self employment.Is there any procedure that I can follow or any letter that I should write explaining my situation?Please help.

If you are on the company's payroll: ie :
they pay your taxes, their pay their taxes to have you as an employee
You are paid automatically an annual salary and do NOT submit an invoice for your work
You may receive benefits such as paid vacation, healthcare etc
You have an employment contract that meets the requirements of your province

Then you are likely to be deemed eligible for CEC

However. You say you are independent contractor - therefore it sounds like you are not a company employee but that you invoice for your time/work, that you are paid a lump sum, without deductions.

If this is the case then I'm afraid you are not eligible

 

[scylla]

I don't understand how I am self -employed even though I am mostly dependent on my company for work.I don't how to justify my case that it is not self employment.Is there any procedure that I can follow or any letter that I should write explaining my situation?Please help.

I don't think there is any way you can justify it unfortunately. Because you pay your own taxes you are self employed by default and not eligible for CEC.

 

[jes_ON]

Well, you could ask the CRA to determine whether you are self-employed or an employee, but that would be tantamount to a contract dispute with your client/employer - and if you actually won, don't expect your employer to like you very much -

http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e.html#ruling

But if you signed a contract as an independent contractor, you'd have little grounds.

If you were willing to gamble with your application fee, you could use the CRA criteria to attempt to argue that despite your payment arrangements, you are more like an employee. But remember, you'd still have to get that letter from your "employer," and your chances of success are pretty slim, esp if you signed a contract indicating you're and independent contractor...

You don't indicate your province, have you looked into the PNP?