VISA refused for ICT for an IT comapny

[Somya1103]

• You have not demonstrated that you come within the exceptions under section 186 of the IRPR exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of employment must be the subject of an economic effect determination before a work permit can be issued to you. Your employer in Canada should contact the local office of the Department of Employment and Social Development Canada to begin this process.
• You have not provided satisfactory documentation to show that your knowledge is highly specialized or more advanced that any others using the same tools and therefore do not meet the requirements for a C12 Intra Company Transferee work permit – R205(a)

I have received the above reasons for refusal of ICT. The employer says its general refusal whenever officer is not convinced with the information provided with regard to ICT specialized knowledge. Each application is being assessed based on the specialized knowledge pertaining to company’s proprietary tools, technologies and its application at onsite by employee. Also it will be assessed on the basis of that how employee has used such tools in various projects in past. Please note that all applications are subjective and officer can refuse application based on his discretion.

My friend had a similiar application and her VISA got through then why not mine, Can anyone help ?

 

[Naturgrl]

• You have not demonstrated that you come within the exceptions under section 186 of the IRPR exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of employment must be the subject of an economic effect determination before a work permit can be issued to you. Your employer in Canada should contact the local office of the Department of Employment and Social Development Canada to begin this process.
• You have not provided satisfactory documentation to show that your knowledge is highly specialized or more advanced that any others using the same tools and therefore do not meet the requirements for a C12 Intra Company Transferee work permit – R205(a)

I have received the above reasons for refusal of ICT. The employer says its general refusal whenever officer is not convinced with the information provided with regard to ICT specialized knowledge. Each application is being assessed based on the specialized knowledge pertaining to company’s proprietary tools, technologies and its application at onsite by employee. Also it will be assessed on the basis of that how employee has used such tools in various projects in past. Please note that all applications are subjective and officer can refuse application based on his discretion.

My friend had a similiar application and her VISA got through then why not mine, Can anyone help ?

Your questions is “why not mine.” Your company nor did you show that your job is so specialized that no one in the Canadian offices can do your job. So your employer has to contact EDSDC to begin an economic effect determination to show how you coming to Canada has economic benefits for the company and to Canada.

So your friend works for the same company? If so, Maybe EDSDC believes that too many employees are coming to Canada through ICT rather than the company hiring Canadians or PRs.

 

[Somya1103]

Hi

Your questions is “why not mine.” Your company nor did you show that your job is so specialized that no one in the Canadian offices can do your job. So your employer has to contact EDSDC to begin an economic effect determination to show how you coming to Canada has economic benefits for the company and to Canada.

So your friend works for the same company? If so, Maybe EDSDC believes that too many employees are coming to Canada through ICT rather than the company hiring Canadians or PRs.

Hey thanks for replying, Yes we did prepare the evidence and mentioned 5-6 specialized tools as suggested by the immigration team, but looks like they were not satisfied. The friend working in same company(went to Canada in April) and same role also mentioned similiar 5-6 tools, and morever its not clear as to what is exactly missing or what can be done to improve the application. Was just thinking if showing a senior role solve the problem?
Frankly speaking EDSDC was never mentioned to employees from Immigration team, hope they took care of that or maybe not.
Just wanted to know if someone faced the same problem and what did they do to get the VISA approved.

 

[Naturgrl]

Hi

Hey thanks for replying, Yes we did prepare the evidence and mentioned 5-6 specialized tools as suggested by the immigration team, but looks like they were not satisfied. The friend working in same company(went to Canada in April) and same role also mentioned similiar 5-6 tools, and morever its not clear as to what is exactly missing or what can be done to improve the application. Was just thinking if showing a senior role solve the problem?
Frankly speaking EDSDC was never mentioned to employees from Immigration team, hope they took care of that or maybe not.
Just wanted to know if someone faced the same problem and what did they do to get the VISA approved.

EDSDC would not be mentioned to you as it is the employer who works with them. Given that your friend with the same company just came to Canada to work on the same role, that may be an issue. Why does your employer need more employees working in the same job? As the second point states, ”You have not provided satisfactory documentation to show that your knowledge is highly specialized or more advanced that any others.” If your friend is there in the same job then your technical knowledge is not more specialized than other staff. Again your employer needs to work with EDSDC.

 

[shankar7]

Hi

Hey thanks for replying, Yes we did prepare the evidence and mentioned 5-6 specialized tools as suggested by the immigration team, but looks like they were not satisfied. The friend working in same company(went to Canada in April) and same role also mentioned similiar 5-6 tools, and morever its not clear as to what is exactly missing or what can be done to improve the application. Was just thinking if showing a senior role solve the problem?
Frankly speaking EDSDC was never mentioned to employees from Immigration team, hope they took care of that or maybe not.
Just wanted to know if someone faced the same problem and what did they do to get the VISA approved.

HI Sowmya, did you get to know the exact reason and have you reapplied?
I am also in same situation, my friend and I had similar documentation but his application was approved and mine is rejected.

 

[guncid]

What is your company name?

 

[ebnyjnkns]

Hi, I am in the same situation, did anybody figure out what to do?

 

[mandydias]

Hi

Hey thanks for replying, Yes we did prepare the evidence and mentioned 5-6 specialized tools as suggested by the immigration team, but looks like they were not satisfied. The friend working in same company(went to Canada in April) and same role also mentioned similiar 5-6 tools, and morever its not clear as to what is exactly missing or what can be done to improve the application. Was just thinking if showing a senior role solve the problem?
Frankly speaking EDSDC was never mentioned to employees from Immigration team, hope they took care of that or maybe not.
Just wanted to know if someone faced the same problem and what did they do to get the VISA approved.

hi - can I know what happened to your case please? I’m now in the same situation and would like to know your outcome.

 

[Naturgrl]

hi - can I know what happened to your case please? I’m now in the same situation and would like to know your outcome.

Is this ICT - LMIA exempt? How long have you been working for the company? What were reasons for refusal? NOC?

 

[mandydias]

Is this ICT - LMIA exempt? How long have you been working for the company? What were reasons for refusal? NOC?

Hi. Thanks for the message. Yeah it was under the LMIA exempt category. Working for the company 12 years. Noc 1221. Rejection came back with I am not satisfied the company meets the requirements of LMIA exemption and therefore applicant required an LMIA. However there have been no other rejections on these grounds all these years for our firm it’s it’s the first rejection of its kind. The company has filed a reconsideration request to the program manager. So we are now waiting.

 

[Copingwithlife]

Hi. Thanks for the message. Yeah it was under the LMIA exempt category. Working for the company 12 years. Noc 1221. Rejection came back with I am not satisfied the company meets the requirements of LMIA exemption and therefore applicant required an LMIA. However there have been no other rejections on these grounds all these years for our firm it’s it’s the first rejection of its kind. The company has filed a reconsideration request to the program manager. So we are now waiting.

How many ICT have been requested by this firm in the past ?

 

[Naturgrl]

Hi. Thanks for the message. Yeah it was under the LMIA exempt category. Working for the company 12 years. Noc 1221. Rejection came back with I am not satisfied the company meets the requirements of LMIA exemption and therefore applicant required an LMIA. However there have been no other rejections on these grounds all these years for our firm it’s it’s the first rejection of its kind. The company has filed a reconsideration request to the program manager. So we are now waiting.

So your company had a LMIA exemption and your work permit was refused? Was this the first time your NOC was used for the exemption? NOC 1221 is not a technical nor specialized NOC. The company has to show that a) you are a senior executive or Manageer (not NOC 1221) or b) you are the only one with the technical knowledge in your company to do the job in Canada. No one in the Canadian office can do your job. That is what you have to prove.

 

[mandydias]

How many ICT have been requested by this firm in the past ?

Yes they have in the past had ICT with the same Noc code transfer assistants from other office like the India office to Canada. It’s the first time we’ve filed from uae

 

[mandydias]

So your company had a LMIA exemption and your work permit was refused? Was this the first time your NOC was used for the exemption? NOC 1221 is not a technical nor specialized NOC. The company has to show that a) you are a senior executive or Manageer (not NOC 1221) or b) you are the only one with the technical knowledge in your company to do the job in Canada. No one in the Canadian office can do your job. That is what you have to prove.

Yeah the company has an LMIA exemption and the Noc code has been used before however, from other countries like India for ICT.. This is the first time they have processed an application from the UAE under the same NOC code. First time they’ve received a rejection. We’ve had others transfer before successfully.

 

[Naturgrl]

Yeah the company has an LMIA exemption and the Noc code has been used before however, from other countries like India for ICT.. This is the first time they have processed an application from the UAE under the same NOC code. First time they’ve received a rejection. We’ve had others transfer before successfully.

Maybe that is the issue…using the same NOC code and bringing people to Canada without showing new technical knowledge. Your employer needs to talk with EDSC.