ICT Visa Rejected

[royabhishek]

Hi All,

My visa got rejected with following reason:

1. You have not demonstrated that you come within the exceptions under section 186 of the regulations 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 regulations. As a result, your offer of employment must be the subject of an economic effect determination (i.e., LMO) before a work permit can be issued to you. Your employer in Canada should contact the local office of Department of human Resources and Skills Development Canada to begin this process.

2. You have not demonstrated that you meet the requirements of R205(a)

What do these reasons mean? I had applied for ICT Visa. Isn't these reasons for LMO Visa?

 

[PMM]

Hi

Hi All,

My visa got rejected with following reason:

1. You have not demonstrated that you come within the exceptions under section 186 of the regulations 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 regulations. As a result, your offer of employment must be the subject of an economic effect determination (i.e., LMO) before a work permit can be issued to you. Your employer in Canada should contact the local office of Department of human Resources and Skills Development Canada to begin this process.

2. You have not demonstrated that you meet the requirements of R205(a)

What do these reasons mean? I had applied for ICT Visa. Isn't these reasons for LMO Visa?

1. Probably applied as a "specialized knowledge worker" it would appear that the VO didn't consider you knowledge specialized enough. Read the following operations bulletin: http://www.cic.gc.ca/english/resources/manuals/bulletins/2014/ob575.asp

In assessing such expertise or knowledge, officers consider:

abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another individual in the short-term;
the knowledge or expertise must be highly unusual both within the industry and within the host firm;
it must be of a nature such that the applicant’s proprietary knowledge is critical to the business of the Canadian branch and a significant disruption of business would occur without the applicant’s expertise;
the applicant’s proprietary knowledge of a particular business process or methods of operation must be unusual, not widespread across the organization, and not likely to be available in the Canadian labour market.

Example: Skill in implementing an off-the-shelf product would not, by itself, meet the standard of specialized knowledge; unless, for example, the product is new or being highly customized to the point of being a “new” product. In other words, an ICT applicant is more likely to have truly specialized knowledge if they directly contribute to the (re)development of a product, rather than to the implementation of a pre-existing product.

CIC considers specialized knowledge to be knowledge that is unique and uncommon; it will by definition be held by only a small number or small percentage of employees of a given firm. Specialized Knowledge workers must therefore demonstrate that they are key personnel, not simply highly skilled.



205. A work permit may be issued under section 200 to a foreign national who intends to perform work that

(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;

(

 

[royabhishek]

But my skill was Informatica, which is still not such a common technology like Oracle/MainFrames. Still I am unable to understand why he considered this as not specialized. One MainFrame guy did get the Visa though.

Also these reasons look more like LMO rejections rather than ICT. Am I wrong?

 

[scylla]

Also these reasons look more like LMO rejections rather than ICT. Am I wrong?

Yes - you're wrong. It's clearly an ICT rejection. CIC is staying you don't qualify for the ICT - which means your employer needs to obtain an LMO/LMIA if they want you to work in Canada.