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Help. Intra Company Transfer work permit rejected! (Apply from Australia)

Apr 29, 2019
10
0
I wish to know the updates. did you get visa?

My case is bit different, i am employed in my Husband's company as operational manager and we wish to open an office in Canada, where i will handle the business. it is 15 years old company and I have bee employed for past 7 years at the senior management position where I handle the overall operations of the company. Is there a chance I can apply????
 

scylla

VIP Member
Jun 8, 2010
95,878
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I wish to know the updates. did you get visa?

My case is bit different, i am employed in my Husband's company as operational manager and we wish to open an office in Canada, where i will handle the business. it is 15 years old company and I have bee employed for past 7 years at the senior management position where I handle the overall operations of the company. Is there a chance I can apply????
You cannot apply for an ICT. The ICT requires that the company already have a branch or subsidiary in Canada that is established and operating.

You will need to look into obtaining an owner / operator LMIA and then a work permit once the LIMA is approved.
 
Apr 29, 2019
10
0
thank you for your reply, please let me know that how old should be the Canadian branch so that it can bring-in a foreign Employee under ICT?
 

scylla

VIP Member
Jun 8, 2010
95,878
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

ibbidude1

Star Member
Jan 22, 2016
65
4
Hi folks,

Need some advise on this one please.

I am a Chinese citizen, living in Australia. Very recently my employer in Australia wants to send me to our Canadian office (a full subsidiary of the Australian parent company).

But it just got refused today. And the below is the decision letter:

I am refusing your application on the following grounds: You have not demonstrated that you come within the exceptions of R205(a), as a functional manager, because you have not occupied a similar, managerial position for at least one year in the last three with your current employer. An LMIA may be required.

You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee,


Sounds like because im not a manager in Australia and i cannot be working as a Manager in Canada?
The thing is that the only difference is the title,(Currently im an "analyst", and will be working as a "manager"), but apart from that, my working duties, my resume and what im currently doing match perfectly. Seems that i was rejected a permit because my title was changed from "analyst" to "Manager"...

My employer will re-apply and explain the situation.

Anyone came across this situation? What are the chances if we explain the issue to the Immigration Department of Canada? And I checked the processing time, it generally takes 3 weeks to process if applying from Australia, if we re-apply, would this timeline change? or it may take longer or shorter since there is already a case existing?

Thank you and sorry for the long post...really appreciate if anyone could provide anything on this.
yes you will need to demonstrate in a well manner if you reapply .