Canadian Visa Refusal for Work permit - Feb 2024

[Purushoth88]

Did you apply within Canada? Or From India?

from India. Work permit ICT

 

[scylla]

yeah, but the first section in the letter is confusing me. This is completely acceptable on the specialized skills not matching with the expectations.

It's very straight forward. The first section says you don't meet the requirements for the ICT. The second section says that your employer hasn't proved specialized knowledge You don't qualify for the ICT because your employer hasn't sufficiently proved specialized knowledge. That's the problem your employer has to solve if they reapply.

 

[Purushoth88]

It's very straight forward. The first section says you don't meet the requirements for the ICT. The second section says that your employer hasn't proved specialized knowledge You don't qualify for the ICT because your employer hasn't sufficiently proved specialized knowledge. That's the problem your employer has to solve if they reapply.

Is there any rule like if the applicant must be there in the organization minimum 5 years for specialized skill of ICT? actually In the designation mentioned as developer. but overall exp is 12+ years

 

[scylla]

Is there any rule like if the applicant must be there in the organization minimum 5 years for specialized skill of ICT? actually In the designation mentioned as developer. but overall exp is 12+ years

The information here may be useful: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/intra-company-transferees/canadian-interests-significant-benefit-qualifying-job-positions-specialized-knowledge.html

 

[Purushoth88]

The information here may be useful: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/intra-company-transferees/canadian-interests-significant-benefit-qualifying-job-positions-specialized-knowledge.html

Thanks much for your timely info. appreciable (Y)

 

[Simba112]

Is there any rule like if the applicant must be there in the organization minimum 5 years for specialized skill of ICT? actually In the designation mentioned as developer. but overall exp is 12+ years

Read this.

An advanced level of expertise is also required, which would require specialized knowledge gained through significant (meaning the longer the experience, the more likely the knowledge is indeed “specialized”) and recent (within the last 5 years) experience with the organization and used by the individual to contribute significantly to the employer’s productivity.

 

[Purushoth88]

Read this.

An advanced level of expertise is also required, which would require specialized knowledge gained through significant (meaning the longer the experience, the more likely the knowledge is indeed “specialized”) and recent (within the last 5 years) experience with the organization and used by the individual to contribute significantly to the employer’s productivity.

This must be the reason for my visa refusal. what if i ask my employer to change the designation which is not coming under the specialized worker category? is it possible to get the visa approval? what should I do now?

 

[scylla]

This must be the reason for my visa refusal. what if i ask my employer to change the designation which is not coming under the specialized worker category? is it possible to get the visa approval? what should I do now?

If your employer changes the designation to a job that does not come under specialized worker, then your employer must get an approved LMIA before you can apply for a work permit.

 

[Simba112]

This must be the reason for my visa refusal. what if i ask my employer to change the designation which is not coming under the specialized worker category? is it possible to get the visa approval? what should I do now?

There'll then considered to be a motive there. Usually once you have a refusal, next application will be scrutinized further. If I were employer, I would'nt do that risking possible investigation from ESDC for all approved LMIA. But its up to your employer if he wants to go that route.

 

[Purushoth88]

There'll then considered to be a motive there. Usually once you have a refusal, next application will be scrutinized further. If I were employer, I would'nt do that risking possible investigation from ESDC for all approved LMIA. But its up to your employer if he wants to go that route.

I agree but when will be the right time to re-apply? or what should I do now?

 

[Simba112]

I agree but when will be the right time to re-apply? or what should I do now?

I'll leave that to you and your employer to make decision.

 

[Naturgrl]

This must be the reason for my visa refusal. what if i ask my employer to change the designation which is not coming under the specialized worker category? is it possible to get the visa approval? what should I do now?

But then what category are you eligible for - CEO/CFO? You are coming a specialized worker with LMIA exemption. The other option is a senior executive.

 

[Purushoth88]

I'll leave that to you and your employer to make decision.

Is there any cooling period once the visa refusal happens to start the fresh one.?

 

[Simba112]

Is there any cooling period once the visa refusal happens to start the fresh one.?

No. there's no cooling period

 

[Purushoth88]

But then what category are you eligible for - CEO/CFO? You are coming a specialized worker with LMIA exemption. The other option is a senior executive.

If I were a CEO or CFO, why would I apply for ICT? thought of senior level designation like technical lead kind of role instead of developer.