Proof of part-time hours worked

[Mestrol]

Old thread but similar question:

I have claimed 20 hs/week in my profile. Employer is writing in the letter only 16 hours.
- Is the difference of hours an issue (the amount of hours would still be over the required 1560).

The employer wording in the letter is: "He is involved in accomplishing his duties and responsibilities on average 16 hours per week".
-Is this enough to prove hours of work? I do not have T4s. I'm nervous about the "average" wording.

Any input would be highly appreciated.

 

[jes_ON]

Old thread but similar question:

I have claimed 20 hs/week in my profile. Employer is writing in the letter only 16 hours.
- Is the difference of hours an issue (the amount of hours would still be over the required 1560).

Well, it may earn your appliction closer scrutiny, as you look like you do not report "facts" accurately. Your boss's facts will outweigh yours, so if he/she has made an error, you should ask for a correction. Otherwise, you can (and should) correct this number in your eAPR.

Whether you or your employer are telling the truth is another matter (discrepancies like this cast doubt on both parties).

The fact that you do not have T4s also makes your employer look less than legitimate. Why don't you have a T4? Did you file your tax return? Do you have your NOA? How about all of your paystubs?

The employer wording in the letter is: "He is involved in accomplishing his duties and responsibilities on average 16 hours per week".
Maybe, maybe not. Will depend on the VO. They could see the words "on average" meaning that some weeks you worked more hours, some weeks you worked fewer, and they might want to see all of your paystubs in that case (to make sure you are not counting more than 30 hours per week).

 

[Mestrol]

Hi @jes_ON, thanks for your reply.
I'm a musician and have one of those complicated matters of receiving as self-employed but actually being an employee. I completely understand that self-employed (inland) is not eligible under express entry, but I also understand that intricate matters like mine are decided on a case-by-case by the Officer. This responds why I do not have T4s, and no payslips. This also explain why using the word "average", since 75% of my work is done on my own time, with the rest of it being at the employer's place and time.

I did file my return and I'm planning on sending my NOA, and my Schedule C which will show my Gross income before deductions (while NOA will only show Net income). I'm also attaching a statement from the employer which shoes the payments made to me up to date. What is your opinion on this, as far as proof of income goes?

If changing my application to 16 hours does not represent an issue, than I think I should just change to make it consistent, right? - two years ago, in a letter to support a work permit to my wife they have claimed 20 hours and the wording for this was "while he is responsible for managing his own time, we estimate that the job entails him spending up to 20 hours a week". Should I attach this letter as well? Or should I just change my application to 16 hours, and send the letter stating 16 hs, being consistent in both ends?

 

[jes_ON]

Hi @jes_ON, thanks for your reply.
I'm a musician and have one of those complicated matters of receiving as self-employed but actually being an employee. I completely understand that self-employed (inland) is not eligible under express entry, but I also understand that intricate matters like mine are decided on a case-by-case by the Officer. This responds why I do not have T4s, and no payslips.
No, actually it does not explain it. If you were self-employed, you should have been issued a T4A, as well as have a record of payments. (As well, you should be submitting invoices). The only time you would have no documentary evidence is if you were working under the table.

This also explain why using the word "average", since 75% of my work is done on my own time, with the rest of it being at the employer's place and time.
No, "average" is a mathematical term indicating the mean number of hours for which you were paid (regardless of where the work was performed). If you're suggesting your employer is just "guessing" - that's another matter. As for the work being done on your own time, this is an argument against your being in an employer-employee relationship.

I did file my return and I'm planning on sending my NOA, and my Schedule C which will show my Gross income before deductions (while NOA will only show Net income). I'm also attaching a statement from the employer which shoes the payments made to me up to date. What is your opinion on this, as far as proof of income goes?
I think it's great proof that you were self-employed.

If changing my application to 16 hours does not represent an issue, than I think I should just change to make it consistent, right? -
If it does not affect your eligibility, and you cannot submit proof that you worked 20 hours per week, then you should correct your application.

two years ago, in a letter to support a work permit to my wife they have claimed 20 hours and the wording for this was "while he is responsible for managing his own time, we estimate that the job entails him spending up to 20 hours a week". Should I attach this letter as well? Or should I just change my application to 16 hours, and send the letter stating 16 hs, being consistent in both ends?
I would not submit a letter that introduces more contradictory evidence. Nonetheless, the VO would have access to this letter already, if they wanted to look.

Look, obviously I do not know the fine details of your situation or how you plan to make the argument about being in an employer-employee relationship, but I think THAT is your biggest problem (Not the hours worked per week). Based on what you've described so far, I would not expect it to go your way.

Even worse, the law (and the CRA) is starting to catch up and label those "intricate" situations like yours as a "dependent contractors" and earning that label would bring both you and your employer a world of (financial) hurt.

I hope you have a plan B... Perhaps your wife can be the principal applicant (eventually)?

 

[Mestrol]

@jes_ON

Thanks for your input. I do have T4As, should I include them together with NOA? (my thought was that my application would be declined on the technical grounds of T4a=self-employment even before going to an officer to fully understand my case).

I am writing a LoE describing why I believe I'm in a employee-employer relationship, and this is in accordance to Canadian Experience Class selection criteria - Qualifying work Experience website, as well as the CRA guide Employee or self-employed. In there they list the factors used by the office to determine the status:

In determining whether an applicant under the CEC was an employee or a self-employed individual during their period of qualifying work experience in Canada, CIC officers should consider factors such as :

• the degree of the worker’s control or autonomy in terms of how and when work is performed, and the method(s) used to do the work;
• whether the worker owns and/or provides tools and equipment to accomplish the work;
• the degree to which the worker has to perform the work personally and whether the worker has the option of subcontracting work or hiring others to help and assist with completing the work;
• the degree of financial risk assumed by the worker, including whether the worker is required to make any investment in order to complete the work or provide the service and whether the worker is free to make business decisions that affect his/her ability to realize a profit or incur a loss (as opposed to the opportunity to earn commissions or other productivity bonuses); and
• any other relevant factors, such as written contracts.

All of this suggests that I'm in an employee relationship, and I list the reasons I have come to this conclusion. I understand of course that the final decision will be made by the office who will see and understand the situation with his own eyes.

Plan B would be moving on with life and start writing next chapter I guess...

 

[ashu93]

hello friends. I have a question. Currently i am working as a full time shift manager in a restaurant. The eligibility is that i have to work 30 hours per week for 12 months but my question is that what if i work less than 30 hours in any week? Will that hours also count towards my 12 month ie 1560 hours criteria or no?

Thanks in advance

 

[Luciana Garcia]

@jes_ON

Thanks for your input. I do have T4As, should I include them together with NOA? (my thought was that my application would be declined on the technical grounds of T4a=self-employment even before going to an officer to fully understand my case).

I am writing a LoE describing why I believe I'm in a employee-employer relationship, and this is in accordance to Canadian Experience Class selection criteria - Qualifying work Experience website, as well as the CRA guide Employee or self-employed. In there they list the factors used by the office to determine the status:

In determining whether an applicant under the CEC was an employee or a self-employed individual during their period of qualifying work experience in Canada, CIC officers should consider factors such as :

• the degree of the worker’s control or autonomy in terms of how and when work is performed, and the method(s) used to do the work;
• whether the worker owns and/or provides tools and equipment to accomplish the work;
• the degree to which the worker has to perform the work personally and whether the worker has the option of subcontracting work or hiring others to help and assist with completing the work;
• the degree of financial risk assumed by the worker, including whether the worker is required to make any investment in order to complete the work or provide the service and whether the worker is free to make business decisions that affect his/her ability to realize a profit or incur a loss (as opposed to the opportunity to earn commissions or other productivity bonuses); and
• any other relevant factors, such as written contracts.

All of this suggests that I'm in an employee relationship, and I list the reasons I have come to this conclusion. I understand of course that the final decision will be made by the office who will see and understand the situation with his own eyes.

Plan B would be moving on with life and start writing next chapter I guess...

What was the result of your application?? Thanks!!

 

[manjot5361]

Hye , i worked september 2, 2019 to march 31 2021 in company A.
Sept 2 to oct 15 2019 - part time
Oct 15 2019 to present-full time
Do i mention part time work in experience letter or not??