Intra-Company Transfer Visa | Refused Twice | What should I do...

[oblonglist123]

Hi everyone,

I'm seeking help and opinions on my attempt to get an intra-company transfer through the LMIA-exempt work permit (specialized knowledge stream) to Canada. For some background, I'm a software engineer currently working for a US company, and my employer is willing to relocate me to their office in Canada. The company is working with a renowned law firm in Canada to handle my case.

Initially, we prepared the materials and submitted them in May. However, I received an email from the agency 3 weeks later, stating that my work permit was refused because we didn't provide enough evidence to prove my 'specialized knowledge'. Unfortunately, the agency did not show me the refusal letter. They advised that we needed to create a more robust application for the second attempt.

So, we worked with the lawyers and HR at my company to provide a detailed explanation of my unique skills, the prospective project in Canada that only I can perform, and why no one in the Canada office could do my job. We re-applied in June, but I did not see much of what the agency did on their end to prove the specialized knowledge aspect. Within 1.5 weeks of the second application, I met with HR, who informed me that my work permit was refused AGAIN... HR said the lawyer notified her but did not provide any reasons for the refusal. The lawyer later confirmed that they have filed a reconsideration request based on an 'ERROR' by the visa officer. Additionally, they have started the process for judicial review, which could take months.

I feel there's been a lack of communication among all parties involved, and I don't have visibility into what the supposed error was. The agency did not respond to my email requesting an explanation of the error that they believed the visa officer made. I feel very helpless and am unsure of the best course of action, especially with the lack of communication from the agency. I would like to re-apply, but not knowing the exact "error" or reason for my second application's rejection is very frustrating and makes it hard to gather the necessary information to apply again.
I would appreciate any advice or insights on how to proceed from here. Thank you in advance...

 

[Naturgrl]

Hi everyone,

I'm seeking help and opinions on my attempt to get an intra-company transfer through the LMIA-exempt work permit (specialized knowledge stream) to Canada. For some background, I'm a software engineer currently working for a US company, and my employer is willing to relocate me to their office in Canada. The company is working with a renowned law firm in Canada to handle my case.

Initially, we prepared the materials and submitted them in May. However, I received an email from the agency 3 weeks later, stating that my work permit was refused because we didn't provide enough evidence to prove my 'specialized knowledge'. Unfortunately, the agency did not show me the refusal letter. They advised that we needed to create a more robust application for the second attempt.

So, we worked with the lawyers and HR at my company to provide a detailed explanation of my unique skills, the prospective project in Canada that only I can perform, and why no one in the Canada office could do my job. We re-applied in June, but I did not see much of what the agency did on their end to prove the specialized knowledge aspect. Within 1.5 weeks of the second application, I met with HR, who informed me that my work permit was refused AGAIN... HR said the lawyer notified her but did not provide any reasons for the refusal. The lawyer later confirmed that they have filed a reconsideration request based on an 'ERROR' by the visa officer. Additionally, they have started the process for judicial review, which could take months.

I feel there's been a lack of communication among all parties involved, and I don't have visibility into what the supposed error was. The agency did not respond to my email requesting an explanation of the error that they believed the visa officer made. I feel very helpless and am unsure of the best course of action, especially with the lack of communication from the agency. I would like to re-apply, but not knowing the exact "error" or reason for my second application's rejection is very frustrating and makes it hard to gather the necessary information to apply again.
I would appreciate any advice or insights on how to proceed from here. Thank you in advance...

Order GCMS notes if you have access to file numbers. If lawyer applied for reconsideration and started process for JR then there is no point in reapplying. You wait to find out results. Without knowledge of what was submitted and reasons for refusal you cannot reapply. You need that information so you can present new documentation to address reasons for refusal.

What documents were presented that you have the technical knowledge to do the job? How long have you been at the company in the US? US education or ECA? Language tests?

 

[oblonglist123]

Order GCMS notes if you have access to file numbers. If lawyer applied for reconsideration and started process for JR then there is no point in reapplying. You wait to find out results. Without knowledge of what was submitted and reasons for refusal you cannot reapply. You need that information so you can present new documentation to address reasons for refusal.

What documents were presented that you have the technical knowledge to do the job? How long have you been at the company in the US? US education or ECA? Language tests?

Hi there - thanks for your reply. I've been working at my company for 5.5 years and hold a Master's degree in Computer Science from a US institution. Initially, my company had me draft a very detailed explanation of the project, focusing on a proprietary tool that no one in the Canada office can make updates/changes to with my 'specialized knowledge' on a software... With regard to GCMS notes, I do have the case number starting with "W," but since I am currently residing outside of Canada, I would need to order them through a representative. I am quite sure that my lawyer did NOT obtain these notes for the 1st and 2nd refusals. The issue is that the lawyer did not explicitly explain what error they found. They simply stated that there was an error on the visa officer's end. I am unsure what made them so confident there was an error by the visa officer if they don't even have access to the GCMS notes.

 

[Naturgrl]

Hi there - thanks for your reply. I've been working at my company for 5.5 years and hold a Master's degree in Computer Science from a US institution. Initially, my company had me draft a very detailed explanation of the project, focusing on a proprietary tool that no one in the Canada office can make updates/changes to with my 'specialized knowledge' on a software... With regard to GCMS notes, I do have the case number starting with "W," but since I am currently residing outside of Canada, I would need to order them through a representative. I am quite sure that my lawyer did NOT obtain these notes for the 1st and 2nd refusals. The issue is that the lawyer did not explicitly explain what error they found. They simply stated that there was an error on the visa officer's end. I am unsure what made them so confident there was an error by the visa officer if they don't even have access to the GCMS notes.

You don’t need a lawyer or representative to apply for your notes. Order online through ATIP or google- GCMS notes to order. You need to know reasons for refusal before reapplying. You have 2 refusals and no sense in getting a 3rd.

So employer received LMIA exemption and paid compliance fees?

 

[oblonglist123]

You don’t need a lawyer or representative to apply for your notes. Order online through ATIP or google- GCMS notes to order. You need to know reasons for refusal before reapplying. You have 2 refusals and no sense in getting a 3rd.

So employer received LMIA exemption and paid compliance fees?

That's the thing - both my employer and lawyer completely kept me out of the loop throughout the entire process. I am not even sure if my employer received LMIA exemption and paid the compliance fees. I would assume so, since the company I work for is a global multinational company, and it would be ridiculous if they did not receive LMIA exemption and pay the compliance fees before submitting my application LOL. The lawyer seems professional, so I had no other option but to trust them. I also have no control over access to the application portal either... Now, I am hoping that the visa officer did make a factual error, such as claiming that we did not pay the fees when we actually did. But who knows??!

Thanks for the information on ordering GCMS notes. I'll try to order them on my own so I don't seem like I'm stepping on their toes by asking them to do it.....

 

[scylla]

That's the thing - both my employer and lawyer completely kept me out of the loop throughout the entire process. I am not even sure if my employer received LMIA exemption and paid the compliance fees. I would assume so, since the company I work for is a global multinational company, and it would be ridiculous if they did not receive LMIA exemption and pay the compliance fees before submitting my application LOL. The lawyer seems professional, so I had no other option but to trust them. I also have no control over access to the application portal either... Now, I am hoping that the visa officer did make a factual error, such as claiming that we did not pay the fees when we actually did. But who knows??!

Thanks for the information on ordering GCMS notes. I'll try to order them on my own so I don't seem like I'm stepping on their toes by asking them to do it.....

The ICT is an employer driven work permit. Your employer is the one who must prove you meet the requirements of the ICT visa so it makes sense that they are the ones who are handling everything without any real involvement from you.

Ultimately IRCC may determine that you do not meet the specialized knowledge requirements in which case your employer will need to obtain an approved LMIA if they want to go ahead with moving you to Canada.