Young professional IEC Spain. Help please

[Jmlegea]

Hi everybody. I'm happy to be in this group and hopefully somebody can help me. Im from Spain and I was working on Canada as self-employed last year for a company. This company wants me so they did a job offer for me and I applied under young profesional visa. I got accepted so I was planning my trips. A few days ago the company told me that they can't and me on their payroll but they can hire me on contract and I would work for them only. I would not to register a company but I would be responsible for doing my taxes. Would be possible demonstrate that I have a relationship with the company so I can work for them under young professional visa? Here is the contract that I had with them last year when I arrived to Canada, they can make a similar one but I need to be sure that would work. In case is not possible, what can I do? I can activate my work permit in the border and not to work? Can I change an employer because I have a valid reason??

Thanks lot!

 

[vensak]

Hi everybody. I'm happy to be in this group and hopefully somebody can help me. Im from Spain and I was working on Canada as self-employed last year for a company. This company wants me so they did a job offer for me and I applied under young profesional visa. I got accepted so I was planning my trips. A few days ago the company told me that they can't and me on their payroll but they can hire me on contract and I would work for them only. I would not to register a company but I would be responsible for doing my taxes. Would be possible demonstrate that I have a relationship with the company so I can work for them under young professional visa? Here is the contract that I had with them last year when I arrived to Canada, they can make a similar one but I need to be sure that would work. In case is not possible, what can I do? I can activate my work permit in the border and not to work? Can I change an employer because I have a valid reason??

Thanks lot!

It would be only possible for normal working holiday (the one where you do not need a job offer). However if you have already used up that option (and it looks like you did), condition for this program is a valid job offer and your work permit will be closed type. The only thing they do not have to go through is LMIA. So without that job offer and contract you cannot use this program.

Under this category, work must be:

• paid
• not self-employed

 

[Jmlegea]

Thank you so much. I do have a job offer (the company did it for me) but now they want me but they can't put me on their payroll. I would have a contract with them saying the wage and end and start dates but I need to be responsible for my taxes... Any suggestions?

 

[vensak]

Thank you so much. I do have a job offer (the company did it for me) but now they want me but they can't put me on their payroll. I would have a contract with them saying the wage and end and start dates but I need to be responsible for my taxes... Any suggestions?

It is very simple. You do not meet requirements for this program.
You cannot be self-employed, you have to be paid employee. So yes they will have to have you on a payroll.

And filling taxes has nothing to do with weather you are employed or self employed. As you would have to do that either way (unlike in some other countries, where employer can fill on your behalf).

 

[Jmlegea]

But I'm not sure if I would be self-employed because I would not have hst number and I would work just for them... Plus they already did the job offer and I would get the work permit in the border... Is weird situation

 

[Copingwithlife]

If the company wants you to be on contract, and your income will be over $30k over the course of four rolling calendar quarters then it is MANDATORY you register for the HST program . Sometimes a company says you must register regardless how much you make . When you register for a HST # you MUST provide a valid SIN to get a number .No sin, no registration. As well you’ll be a non resident registration so it’ll be processed thru a non resident office
Temporary SIN numbers are linked to the length of work permits , they all begin with a 9
If you’re not a employee , ie on the payroll then you’d be self employed . The employer has to be careful with classifying you as on contract , when in reality you are acting like an employee .
There’s something called a arms length relationship in situations such as this
Some employers will classify employees as contract to avoid paying CPP and EI

 

[Jmlegea]

Thank you so much. Yea, I had a temporal sin number last year. But would be possible to work for them under young professional visa with the arms length relationship?

 

[canuck_in_uk]

Thank you so much. Yea, I had a temporal sin number last year. But would be possible to work for them under young professional visa with the arms length relationship?

No. It is a closed work permit, which means that they must actually employ you. Having you on contract means you are not employed by them and that violates your work permit conditions.

 

[vensak]

Thank you so much. Yea, I had a temporal sin number last year. But would be possible to work for them under young professional visa with the arms length relationship?

You do not meet eligibility for this program. See below

http://www.cic.gc.ca/english/work/iec/eligibility.asp

Young Professionals
Gain Canadian professional work experience to better compete in a global economy.

This category is for you if:

• You have a job offer in Canada that contributes to your professional development
• You’ll work for the same employer in the same location during your stay in Canada

Under this category, work must be:

• paid
• NOT self-employed

The type of work permit you get in the Young Professionals category is an employer-specific work permit.

Your employer must meet all labour laws in the province or territory you plan to work including meeting minimum wage requirements.

The job you are offered in Canada must be classified as a National Occupational Classification (NOC) Code Skill Type Level 0, A or B to be considered as contributing to your “professional development.” A NOC C job might be accepted if you can submit a post-secondary diploma, certificate or degree, with your work permit application. Your diploma, certificate or degree must be translated to English or French.

 

[Jmlegea]

Ok so I don't think there is any option... Is sucks because I'm waiting for them to do my job offer, pay the fee, do biometric, and wait for the poe and now that I have it they can't add me on their payroll... I feel like I lost an opportunity to apply with another employer, and now there are not spots for more visas... Thank you guys.

 

[Jmlegea]

Yes,I read all that before applying, but now after my poe the company tell me that they only can have me in contract... So I was trying to find an option that I don't know. I don't know if is good idea to talk with a lawyer , sometimes they know tricks... Thanks again guys

 

[vensak]

Yes,I read all that before applying, but now after my poe the company tell me that they only can have me in contract... So I was trying to find an option that I don't know. I don't know if is good idea to talk with a lawyer , sometimes they know tricks... Thanks again guys

Your options would be any type of opened work permit:

Spousal work permit (if your spouse is Canadian citizen or permanent resident)
PGWP (if you have studied in Canada a post secondary degree in school that is on the list and you have applied right after finishing studies).
A work permit for refugee (not really a good option with Spanish passport).

So your only option in this case is to for them to list you as an employee and not as a contractor.

Or you can try to find a different employer who will be willing to hire you.

In your case, the trick would be to pay for the lawyer to tell you the same thing. That is a good trick for the lawyer.

 

[Jmlegea]

Thabk you so much!! And do you think that if I go to Canada with this closed work permit and i try to change employer with the reason that they can't make me a contract? Maybe would be possible to get another company?

Thanks!

 

[vensak]

Thabk you so much!! And do you think that if I go to Canada with this closed work permit and i try to change employer with the reason that they can't make me a contract? Maybe would be possible to get another company?

Thanks!

well you will need a new work permit. And attention commitment to pay you and to have you as an employee needs to be written in your job offer.