Can contractor work experience in Canada count for Express Entry?
Contractor work can count for Express Entry only when the facts show employment. It usually will not count if IRCC treats the work as self-employment. For the Canadian Experience Class, IRPR section 87.1 excludes self-employment from Canadian work experience. IRCC also says self-employment does not count toward the CEC minimum requirements. See IRPR, s. 87.1, and IRCC, “Canadian Experience Class: Assessing applications.”
The label “contractor” does not decide the issue. IRCC will look at the real working relationship. Useful evidence may include T4 slips, payroll records, wages or commission, an employer reference letter, supervision, work schedules, and proof of who controlled the work. If you invoiced clients, charged GST/HST, used your own business, worked through your own corporation, or carried business risk, IRCC may treat the work as self-employment.
You should not count the work unless the evidence supports an employer-employee relationship. If your CRS score depends on this work, recalculate your score without it before applying. You must also describe the arrangement accurately. Misrepresenting work experience can create inadmissibility under IRPA section 40. See IRPA, s. 40.
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Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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