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Can remote US work experience (while being an ICT on an LMIA exempt closed work permit) count towards the 1 year CEC req

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julius-seizure
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Can remote US work experience (while being an ICT on an LMIA exempt closed work permit) count towards the 1 year CEC req

Post by julius-seizure » Mon Jan 08, 2024 2:42 pm

I'm working for a US based company remotely from Canada while being on a closed work permit (I have not yet applied for PR and neither have I studied in Canada). The company has branches in Canada too but since my team is in the US, I will be getting paid in USD and will be paying taxes in the US. The company would be setting up a shadow payroll for me in Canada (Reference: third party weblink removed by Moderator ) in order to comply with the taxation rules. Which means, l'll be filing taxes both in US and Canada but my paychecks would only be going to my US bank account. And since I would be eligible for tax exemption when I file my Canadian tax returns due to the double taxation exemption clause under NAFTA, I would effectively be paying little to nothing in tax to the Canadian govt and most of it to Uncle Sam.

So the question is, will this give me the 40 CRS points that I can use for my express entry profile and qualify for the CEC stream? I feel I should technically be eligible because technically working on Canadian soil, on a valid closed work permit (that the IRCC themselves approved) and would be filing taxes in both countries. The only issue is that my paychecks and bank statements would not be able to corroborate that I am employed by a Canadian firm. I also don't know if employment verification letter would mention US or Canada. Since this is in a very ambiguous territory, I'm not quite sure if I am eligible under the CEC stream. I'm yet to talk to an immigration consultant about it but thought I'd ask here before I do. Would anyone be able to help me understand this a bit better? I would really appreciate your help. Thanks!

anurag120
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Re: Can remote US work experience (while being an ICT on an LMIA exempt closed work permit) count towards the 1 year CEC

Post by anurag120 » Wed Jan 31, 2024 10:26 pm

No, Generally, remote work experience inside of Canada for US company which is registered in US does not count towards the one-year Canadian Experience Class (CEC) requirement. The CEC typically requires at least one year of skilled work experience gained while physically present in Canada for canadian based company. Remote work outside of Canada is generally not considered eligible for CEC unless specific circumstances apply, such as working for a Canadian employer while temporarily abroad. It's always best to consult with an immigration professional for personalized advice regarding your specific situation.

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