kirstiep

I've been working at a company for the past year in Canada but it's through contract. My employment situation is a little complicated because I believe I have more than enough evidence to prove that my self-employment is actually an employee-employer relationship as they tell me when, where to work, who to report to and they provide the equipment ect. My lawyer told me that I must get a CRA ruling to prove this to be able to apply through the CEC stream. But on the website it mentions that getting a CRA ruling is not actually required and will not constitute as conclusive evidence.

My employer is unlikely to sponsor me through LMIA as it would require a pay-rise and the huge cost it would be to them. Even asking if I could work continuously for a full year was a difficult question for them.

So my questions are, is a CRA ruling really necessary? Has anyone else been through this but didn't get a ruling and still get approved for PR? I'm thinking of just trying to apply for CEC and see what happens but then there's also a deadline for submitting a ruling which would be cutting it fine if I got rejected.

christmasoompa

A CRA ruling isn't necessary, but you may struggle to have your work experience accepted without it. Are you registered self-employed and filing taxes as such?

If a LMIA isn't an option, what about PNP? What's your NOC code and which province are you in?

kirstiep

ohh that's not great to hear I might struggle getting it approved. No I'm not set up as self-employed, I was told that my experience doesn't count as foreign experience either because I'm not set up as my own company.
I'm currently in Ontario, and very open to moving. I've had a look at PNP but don't seem to qualify because I only have a years worth of experience which is here. My NOC code is 5241

christmasoompa

Not necessarily, it depends on what else you've got to prove you're essentially an employee i.e. a contract stating you work full-time for them etc. It would just be a much easier way to prove it for a PR app.

When does your IEC expire and what are you scoring on the CRS? What do you mean your experience doesn't count as foreign experience? Do you mean for points purposes? If so, any skilled work outside of Canada counts, you didn't need to have been self-employed for it (apologies if I've misunderstood what you've said there!).

kirstiep

Oh okay, yes I've got a contract that states on there the hours I must work (mon-fri 9-5) and that I have a direct boss that I have to report to. They also set the pay and it outlines in the contract that I have to contribute to business meetings and ideas sessions. It really is an employee-employer relationship, they just don't pay me like an employee, I have to send them invoices every 2 weeks. This is why I think I have a good case without a ruling. My employer will also be willing to give me any supporting documentation to prove our employer-employee relationship for immigration.. just not of course for a CRA ruling.

It expires on 23rd March, my scores with this experience as Canadian experience is 471, I've already taken celpip and had my degrees evaluated by WES so I could put into the pool tomorrow, when I would've been working for them for 1 year.

Sorry it was probably me not being clear. So the experience I'm talking about currently with the self-employed relationship thing. I was told by my immigration lawyer that it doesn't count as Canadian experience without a CRA ruling and that it doesn't count as foreign experience either because I wasn't incorporated as self-employed in the UK.

christmasoompa

That sounds promising. Tbh if your IEC expires in March you really haven't got time to wait for a CRA ruling anyway, so I think you'll just have to apply asap, and then hope that your documentation is enough if you're selected and invited to apply for PR. Assume you know that you'll have to stop working when your IEC expires?

Do you mean the work you've done in the the past year for your current company? If so, that wouldn't have counted as foreign experience anyway even if you had been registered as self-employed in the UK, as you've been working in Canada, so that's very odd. It may though count as Canadian experience, again depending on how the work is viewed, if it was self-employed then it won't, but if employed then yes it will. All you can do is give it a go, you don't have time to wait for PNP etc.

Good luck.

christmasoompa

Just another thought - if your IEC expires in March, what did you do in Canada before starting this job? Were you working?

kirstiep

Yeah I think I'm just going to put myself into the pool tomorrow and see what happens. And yes I know I need to stop working. My plan is to hopefully apply for a BOWP if I can get it all done in time. Probably won't make that but not impossible either I guess.
And I was working at the same company but it was as an intern for a year then I got put on a contract afterwards. I know that internship doesn't count for PR though so just counting from when I've been properly paid and employed.
Also thank you for all of your help! Appreciate it.

christmasoompa

It's not impossible, but it is highly unlikely. Sorry, but better to know so that you can prepare (and prepare your employer).

For a BOWP, you'll need to have received an ITA, and submitted a full PR app, and received your completeness check before you can apply. Even if you get an ITA in the next draw then that's not likely to have happened by the time your IEC expires. But get everything ready to apply asap just in case, make sure you have all the required paperwork, don't delay or wait for the ITA before you start gathering it.

Best of luck, I hope you get an ITA soon. There should be a draw any day now, so make sure you do apply today!

Siouxie

Would your company apply for an LMIA for you?

christmasoompa

So………did you apply? If so, congrats.

See first post - it would appear not, but hopefully the OP had an ITA in yesterday's draw (which went down to a crazily low 75 points!).

Siouxie

Woah! https://www.canada.ca/en/immigration...tions-176.html

Fingers crossed the OP had the application in, in time.