Paid as a full time "contractor" for 3 years.....Still Eligible?

[Adambonez82]

Hi there,

I intend to apply for PR under the CEC class. My job is listed in the 00, 0 and A classifications AND I have worked for my employer for almost 3 years. Do to the nature of the profession I am in, and for me to get maximum tax write-offs I am employed as a "contractor" usually on a 2-year contract each time it is renewed. I am still FULL TIME and do not work for anyone else except for my sole employer. Basically everything is exactly the same as normal employment but I do my own tax each year, it is not taken out of my pay automatically each week.

My question is: Am I still eligible under the CEC program although theoretically I am a contractor? I am a 'Trade Show Director/Manager' but my duties also include being the Entertainment and Production Manager. I have replaced all 3 people that had these different positions over the last 3 years, and now manage the entire company/portfolio of shows. My position is of senior management profession, but also gets covered under other skill levels (A & B) in the NOC.

Any help/Advice would be awesome as my lawyer is charging me an arm and a leg (over 5k) to process my application, and there is no guarantee that it will be approved. Also, I don't NEED to apply for PR through the CEC class as I am Australian and can stay under the Working Holiday Program (WHP) and continue to renew my visa for another 5 years that way. I would just rather make my time here count toward Citizenship, so may as well start now.

Thanks.

 

[sashali78]

Hi there,

I intend to apply for PR under the CEC class. My job is listed in the 00, 0 and A classifications AND I have worked for my employer for almost 3 years. Do to the nature of the profession I am in, and for me to get maximum tax write-offs I am employed as a "contractor" usually on a 2-year contract each time it is renewed. I am still FULL TIME and do not work for anyone else except for my sole employer. Basically everything is exactly the same as normal employment but I do my own tax each year, it is not taken out of my pay automatically each week.

My question is: Am I still eligible under the CEC program although theoretically I am a contractor? I am a 'Trade Show Director/Manager' but my duties also include being the Entertainment and Production Manager. I have replaced all 3 people that had these different positions over the last 3 years, and now manage the entire company/portfolio of shows. My position is of senior management profession, but also gets covered under other skill levels (A & B) in the NOC.

Any help/Advice would be awesome as my lawyer is charging me an arm and a leg (over 5k) to process my application, and there is no guarantee that it will be approved. Also, I don't NEED to apply for PR through the CEC class as I am Australian and can stay under the Working Holiday Program (WHP) and continue to renew my visa for another 5 years that way. I would just rather make my time here count toward Citizenship, so may as well start now.

Thanks.

CEC has a requirement for part- or full time employment and it does not cover contracting positions as per my knowledge

 

[dbss]

Hi there,

I intend to apply for PR under the CEC class. My job is listed in the 00, 0 and A classifications AND I have worked for my employer for almost 3 years. Do to the nature of the profession I am in, and for me to get maximum tax write-offs I am employed as a "contractor" usually on a 2-year contract each time it is renewed. I am still FULL TIME and do not work for anyone else except for my sole employer. Basically everything is exactly the same as normal employment but I do my own tax each year, it is not taken out of my pay automatically each week.

My question is: Am I still eligible under the CEC program although theoretically I am a contractor? I am a 'Trade Show Director/Manager' but my duties also include being the Entertainment and Production Manager. I have replaced all 3 people that had these different positions over the last 3 years, and now manage the entire company/portfolio of shows. My position is of senior management profession, but also gets covered under other skill levels (A & B) in the NOC.

Any help/Advice would be awesome as my lawyer is charging me an arm and a leg (over 5k) to process my application, and there is no guarantee that it will be approved. Also, I don't NEED to apply for PR through the CEC class as I am Australian and can stay under the Working Holiday Program (WHP) and continue to renew my visa for another 5 years that way. I would just rather make my time here count toward Citizenship, so may as well start now.

Thanks.

plus you need to be on a PR status for atleast two years before you can apply for citizenship....

 

[Adambonez82]

Cool - I am aware of the time-line for citizenship. Each day I am here as a temp worker (WHP) counts as half a day towards my time needed for citizenship. I have been here 3 years so I have 1.5 years under my belt to counts towards citizenship. Or do you mean ADDITIONALLY to the 1095 days? So 730 days MUST be in PR, whilst the rest can be made up of another status?

This question is a hard one as per my immigration lawyer....he wants to argue that I am full time (mostly working over 50 hrs a week) ALWAYS working over 40hrs and that is full time.

Nothing is written on any websites AND on the NOC is does cover most type of skilled contractors. NOT a gamble I want to put $5000 on the line for.

 

[sashali78]

Cool - I am aware of the time-line for citizenship. Each day I am here as a temp worker (WHP) counts as half a day towards my time needed for citizenship. I have been here 3 years so I have 1.5 years under my belt to counts towards citizenship.

This question is a hard one as per my immigration lawyer....he wants to argue that I am full time (mostly working over 50 hrs a week) ALWAYS working over 40hrs and that is full time.

Nothing is written on any websites AND one the NOC is does cover most type of skilled contractors. NOT a gamble I want to put $5000 on the line for.

In order to apply for citizenship you need to have at least 2 years as a permanent resident. So, don't build on getting citizenship just from the temporary residence time.
If i were you i would check with another immigration consultant or lawyer before i would commit. Also, usually the immigration lawyers charge way less than the amount you mentioned, FYI.

 

[Adambonez82]

Wow - thanks Sashali78.

Nice to know I am probably getting ripped off! Damn lawyers...they charge $250 for a consult, then take that off the quoted $5000. To avoid paying another $250 consult fee for another lawyer....I just stayed with him. The cost quoted was $5000 PLUS any government/immigration fees for the actual Visa! So probably another 1k-2k.

YIKES!

Thanks so much for the advice.

 

[scylla]

So 730 days MUST be in PR, whilst the rest can be made up of another status?

Correct.

If your lawyer doesn't know this - fire him immediately and demand a refund of any money paid to date.

 

[Adambonez82]

Thanks for everyone's input on this thread.....I have found out more about my lawyer/PR timeline than I even knew.

I am still up for hearing from anyone that may know about my original question:

Am I still eligible under the CEC program although theoretically I am a contractor on a FULL TIME basis with the company I am employed by? My position is of senior management profession, but also gets covered under other skill levels (A & B) in the NOC.

Any other advice/opinions are defs still encouraged.

Thanks again guys.

 

[SenoritaBella]

The quality of the advice is equally important. Contractors are generally considered to be self-employed and if that's the case for you, you do not qualify under CEC. Your lawyer should have discussed this with you especially after charging $5K. ???

These links may help you determine whether an "employer-employee" relationship exists: http://www.fin.gov.on.ca/en/bulletins/eht/0300.html
http://www.canadabusiness.ab.ca/index.php/legal/335-contractor-or-employee-guidelines-for-alberta
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/poarremp.shtml

From those links, if you answer yes to all or most of the below(not an exhaustive list), then an "employer-employee" relationship is established.

1. Are you paid by the hour, week or month?
2. Do you have specified hours of work? That is, you don't get to chose your own time of work?
3. If you incur expenses for travel related to work, does the agency pay for it?
4. Does the agency contribute to employee benefit plans on your behalf?
5. Do they deduct income taxes, CPP, EI, etc?

Wow - thanks Sashali78.

Nice to know I am probably getting ripped off! Damn lawyers...they charge $250 for a consult, then take that off the quoted $5000. To avoid paying another $250 consult fee for another lawyer....I just stayed with him. The cost was $5000 PLUS any government/immigration fees for the actual Visa! So probably another 1k-2k.

YIKES!

Thanks so much for the advice.

 

[jes_ON]

My question is: Am I still eligible under the CEC program although theoretically I am a contractor? I am a 'Trade Show Director/Manager' but my duties also include being the Entertainment and Production Manager.

First- there is a difference between a self-employed contractor and term-limited contract employee. Your payment arrangements indicate self-employed, but there have been a few "exceptions" to the rule about "no self-employment" among artists/performers (who are rarely "employees" in the usual sense). You're in the same industry, but being management, it's hard to know whether this special dispensation would apply to you... I think for your lawyer to have a case, he'd have to be able to demonstrate that all the "employees" of the company have the same contractual arrangements and that your relationship with your employer is "defacto" employer-employee - see some of the links that senoritabella supplied... As well, the letter from your "employer" would have to indicate this relationship.

I'd think for your lawyer to be worth that fee, you'd want some proof that he had succeed with "special case" in the past...