INTRA COMPANY TRANSFER REJECTED - New Law ?

[mauro80]

Hi all,
my ICT was rejected with the following motivation: 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....

I just saw the new rules of the 575 Bulletin. It is becoming an Odissey to join Canada...
I work for an International advertising company and I belive my salary/offer letter/knowledge is fair enough to be qualified.
To be honest I didn't read/know about the new law so I applyed without mentioning my job sophistication and skilled knowledge.
Now the whole procedure is on my canadian emplyoyer lawyer desk and they will start all that it takes to make it through.
We will be applying together as my canadian emplyer (my collegue) wants me ASAP.

Haven't clearly understand if I:

- need to reapply writing all skills/knowledge/professional infos ecc...
- need to make my employer to start the LMO / LMIA

But what is the difference between LMO/LMIA now ? Isn't ICT LMO/LMIA exempt ?

IMO, the new rules will penalize Canada instead of protecting Canadian... this has gone definitely too far now...

 

[PMM]

Hi

Hi all,
my ICT was rejected with the following motivation: 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....

I just saw the new rules of the 575 Bulletin. It is becoming an Odissey to join Canada...
I work for an International advertising company and I belive my salary/offer letter/knowledge is fair enough to be qualified.
To be honest I didn't read/know about the new law so I applyed without mentioning my job sophistication and skilled knowledge.
Now the whole procedure is on my canadian emplyoyer lawyer desk and they will start all that it takes to make it through.
We will be applying together as my canadian emplyer (my collegue) wants me ASAP.

Haven't clearly understand if I:

- need to reapply writing all skills/knowledge/professional infos ecc...
- need to make my employer to start the LMO / LMIA

But what is the difference between LMO/LMIA now ? Isn't ICT LMO/LMIA exempt ?

IMO, the new rules will penalize Canada instead of protecting Canadian... this has gone definitely too far now...

1. No it is jobs for Canadians, that is the reason, there were too many ICTs that claimed specialized knowledge.
2. The LMIA replaces the LMO.
3. The refusal of your ICT is based on the position, doesn't require specialized knowledge, or you are not senior enough.

Proprietary knowledge is company-specific expertise related to a company’s product or services. It implies that the company has not divulged specifications that would allow other companies to duplicate the product or service.

Advanced proprietary knowledge would require an applicant to demonstrate:

uncommon knowledge of the host firm’s products or services and its application in international markets; or
an advanced level of expertise or knowledge of the enterprise’s processes and procedures such as its production, research, equipment, techniques or management.

An advanced level of expertise is also required, which would require specialized knowledge gained through significantFootnote 1 and recentFootnote 2 experience with the organisation and used by the individual to contribute significantly to the employer’s productivity.

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;