Can I apply for Intra Company Transfer from inside canada

[islemkms]

Hi all.

I'm working with a subsidiary (in Tunisia) of a canadian company. I came to Canada as a visitor. Now my employer (owner of both tunisian and canadian companies) wants to keep me here (in Canada) and apply for an ICT work permit.

I have been looking to apply online but it seems that I have to go back to my country and apply there.

Is there any way that I can do it from here (or at the airport)
PS: I have a visitor business visa that is valid until 2024 (my passport too). I came to Canada two weeks ago.

 

[scylla]

Hi all.

I'm working with a subsidiary (in Tunisia) of a canadian company. I came to Canada as a visitor. Now my employer (owner of both tunisian and canadian companies) wants to keep me here (in Canada) and apply for an ICT work permit.

I have been looking to apply online but it seems that I have to go back to my country and apply there.

Is there any way that I can do it from here (or at the airport)
PS: I have a visitor business visa that is valid until 2024 (my passport too). I came to Canada two weeks ago.

You cannot apply at the airport. Your company has to submit the application from outside of Canada. It can take a number of months to process an ICT. You shoudl really return to Tunisia and wait out the processing of the application there.

 

[islemkms]

You cannot apply at the airport. Your company has to submit the application from outside of Canada. It can take a number of months to process an ICT. You shoudl really return to Tunisia and wait out the processing of the application there.

Thank you for your quick reply. If so, I need to clarify some documents to submit:

• Evidence of company relationship
  
• Proof of Business Establishment in Canada
  
• Proof that you Meet the Requirements of the Job
  
• IMM5802 Offer of Employment to a Foreign National LMIA-Exempt

What kind of proofs (documents) should I provide? (Do you have any examples)?

 

[scylla]

Thank you for your quick reply. If so, I need to clarify some documents to submit:

• Evidence of company relationship
  
• Proof of Business Establishment in Canada
  
• Proof that you Meet the Requirements of the Job
  
• IMM5802 Offer of Employment to a Foreign National LMIA-Exempt

What kind of proofs (documents) should I provide? (Do you have any examples)?

LMIA details can also be found here:

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html

I don't have examples of these document. If your employer isn't sure what documents to provide then they would be best off hiring a lawyer to handle the application.

 

[myskd]

@
islemkms

Did you applied for inland ICT? or outland? and what is the outcome?

 

[canuck78]

@
islemkms

Did you applied for inland ICT? or outland? and what is the outcome?

You can’t apply inland. An ICT is a transfer from your home country office to an office in Canada. You should be working in your home country office when you apply.

 

[myskd]

Hi @canuck78 Thanks for the reply. But isn't under this policy we can apply for the closed work permit inland.

Public policy allowing certain visitors in Canada to apply for a work permit: COVID-19 program delivery

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/visitor-work-permits.html#toc8

 

[Naturgrl]

Hi @canuck78 Thanks for the reply. But isn't under this policy we can apply for the closed work permit inland.

Public policy allowing certain visitors in Canada to apply for a work permit: COVID-19 program delivery

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/visitor-work-permits.html#toc8

You would need a LMIA (not exempt). And then wait for approved work permit. What is your current status in Canada?

 

[myskd]

wait for approved work permit. What is your current status i

I was on visitor status, my company lawyer applied for ICT inland and as a financial support she added my wife's work permit and her payslips since I am accompanying her and want to change my conditions. However, I have travelled back to my home country after 2 months post application submission but my company's lawyer said the application is fine and she will not withdraw the inland application and wait for IRCC response on the same.

 

[scylla]

I was on visitor status, my company lawyer applied for ICT inland and as a financial support she added my wife's work permit and her payslips since I am accompanying her and want to change my conditions. However, I have travelled back to my home country after 2 months post application submission but my company's lawyer said the application is fine and she will not withdraw the inland application and wait for IRCC response on the same.

It seems strange to apply for an ICT inland since an ICT requires you to be presently employed with the company and you couldn't have been working for the company while in Canada as a visitor. But I guess you can wait and see what happens.

 

[myskd]

Hi If anyone reading this my inland ICT is approved and WP is mailed to my address. It took six months but worth the wait Thanks for the help