Research Fellow for CEC

[YYZguy416]

Do you guys know if my friend is eligible for CEC with one year of full-time work experience as a Research Fellow in a biomedical research lab in Canada? Why I am asking is because no EI is being deducted from her pay cheque and she isn't sure if she is "an employee" or "a trainee". If Research Fellow is considered a trainee, then would she be eligible for CEC? Thanks!

 

[YYZguy416]

Also does Research Fellow fall under NOC 4011? P

 

[grishan1]

If your friend is paying taxed T4A, then it is better for him to include a cover letter to his application, explaining that he has a full-time employment experience, and he is not self-employed. There are different definitions of employee. According to work definition (not taxation!), postdocs and research fellows are employee, since: (1) they work full-time, (2) they use University equipment, (3) they are forbidden to work outside the University. And it is good to have a letter from boss / University, where they will say that this work was employment.

If your friend is planning to include his contract to his application, he should read it carefully before doing this, may be it has something that can look suspicious for immigration officer (like that he is "trainee"). And this is not mandatory to include your contract.

 

[YYZguy416]

Thank you very much for the info. She was exempt from LMO when she applied for a work permit, because the position was considered a "training" position (hence the exemption from LMO). What's confusing is that in CEC eligibility criteria, they do not mention any exclusion of post doctoral fellows or research fellows. They both do skilled work and work with a work permit. I even checked their Operational Manual, and there is nothing about research or post doc fellows. I would appreciate if I could get more feedback especially if someone has had a first hand experience submitting an application with a post doc or research fellow work experience.

If your friend is paying taxed T4A, then it is better for him to include a cover letter to his application, explaining that he has a full-time employment experience, and he is not self-employed. There are different definitions of employee. According to work definition (not taxation!), postdocs and research fellows are employee, since: (1) they work full-time, (2) they use University equipment, (3) they are forbidden to work outside the University. And it is good to have a letter from boss / University, where they will say that this work was employment.

If your friend is planning to include his contract to his application, he should read it carefully before doing this, may be it has something that can look suspicious for immigration officer (like that he is "trainee"). And this is not mandatory to include your contract.

 

[grishan1]

How is she paying taxes? On T4 or T4A? And what is written in the contract: employee or trainee?
If T4 + employee, she is fine.
If T4A + trainee, this is not so straightforward, I know some people in this situation who were accepted, and some people who were rejected. But even in this case, she should apply, and write a good cover letter, explaining that her experience was employment experience (full time, not self-employment, restriction in work permit to work for other company, using university equipment). And don't include contract to application, if it says "trainee"

 

[grishan1]

You can find similar discussion on this forum for postdocs, they are in the similar situation (type in a search bar "postdoc")

 

[CEC2013]

How is she paying taxes? On T4 or T4A? And what is written in the contract: employee or trainee?
If T4 + employee, she is fine.
If T4A + trainee, this is not so straightforward, I know some people in this situation who were accepted, and some people who were rejected. But even in this case, she should apply, and write a good cover letter, explaining that her experience was employment experience (full time, not self-employment, restriction in work permit to work for other company, using university equipment). And don't include contract to application, if it says "trainee"

a bit off topic here...but how do you distinguish employee from trainee? what if I'm both? which is my case... I was a regular employee, paid average wage, T4 and NOA, however...my title was trainee. my experience was full time and not a part of education. I had open work permit and was exempt from LMO. So, according to what you said...I'm by de facto ineligible?

included the following, employer reference letter with details about duties (no mention of learning to or training in), T4, NOA, pay stubs, explanation letter about reason for trainee status, and so forth...the only thing is that my title includes trainee in it. and there's no way to remove it.

 

[grishan1]

I know cases of rejection for postdocs, who were considered as "trainee" in their contract and paid taxed recorded on T4A form.
In your case your taxes are T4 (which means employment).
This is important: T4 or T4A

 

[lucky_CA]

Research Fellow can be considered as postdoctoral fellow and NOC 4011 can be used. She can also use NOC for her research specialization.

However, she needs to prove that she had paid taxes from her income and needs to prove that she was considered as an employee of the university ( contractual full-time or part-time employee) through her reference letter, employment contract, tax documents, etc.

 

[YYZguy416]

Thank you all for the feedback. No tax is being deducted from her pay cheque. Can she pay taxes to CRA when she files her income tax? I wish CIC had indicated this on their website that only work for which TAXABLE income is earned can be eligible for CEC.

Research Fellow can be considered as postdoctoral fellow and NOC 4011 can be used. She can also use NOC for her research specialization.

However, she needs to prove that she had paid taxes from her income and needs to prove that she was considered as an employee of the university ( contractual full-time or part-time employee) through her reference letter, employment contract, tax documents, etc.

 

[scylla]

Thank you all for the feedback. No tax is being deducted from her pay cheque. Can she pay taxes to CRA when she files her income tax? I wish CIC had indicated this on their website that only work for which TAXABLE income is earned can be eligible for CEC.

Her income is still taxable - so this wouldn't be the right definition.

I believe the right distinction is whether the employer is deducting taxes from the pay directly or if the employee is paying all taxes entirely on their own.

 

[YYZguy416]

Thank you Scylla. Right now no tax or EI or CPP is being deducted by the employer. And she doesn't know whether CRA will ask her to pay taxes because she came to Canada a month ago and hasn't filed her income taxes for 2013. And she also doesn't know whether she will be issued a T4 or T4A in February, 2014, when employers start sending those out. What if she is issued a T4A? Would she still be eligible for CEC? I couldn't find any threads about "Research Fellows" on this forum. Would she be treated in the same category as "post doc fellows" with respect to "eligible work experience" for CEC?

Her income is still taxable - so this wouldn't be the right definition.

I believe the right distinction is whether the employer is deducting taxes from the pay directly or if the employee is paying all taxes entirely on their own.