IRCC made a gruesome error treating application

[Debeulah82]

Dear All.

Please I want to ask this question, Is it an error of the applicant or the IRCC Officer?

An applicant applied for an Intra-Company Transfer Work Visa using a C12 LMIA exempted and it was also stated in the application that the application is for Temporary Work Visa, but the IRCC officer treated the application as a startup visa See Image Here

Is this worth fighting or what can we do to this?
Application stated Intra-company transfer, and was treated based on start-up, is start-up anywhere reflected or is LMIA Exempted C60 anywhere shown in the application?

Please advice.

 

[Naturgrl]

S

Dear All.

Please I want to ask this question, Is it an error of the applicant or the IRCC Officer?

An applicant applied for an Intra-Company Transfer Work Visa using a C12 LMIA exempted and it was also stated in the application that the application is for Temporary Work Visa, but the IRCC officer treated the application as a startup visa See Image Here

Is this worth fighting or what can we do to this?
Application stated Intra-company transfer, and was treated based on start-up, is start-up anywhere reflected or is LMIA Exempted C60 anywhere shown in the application?

Please advice.

So the employer had an approved LMIA exemption? See nowhere in your link about being a start-up or applying for a LMIA exemption. The employer and employee have to prove "technical knowledge" expertise that no one in Canada can do that job.

 

[Debeulah82]

So, are you telling me that the C12 is no more exempted?
LMIA exempt is for employees of the same employer in foreign country, and been transferred to Canada.
Not all positions can Canadians help a developing business for.
1. A travel and tourism agency working mostly on the field, won't Canadian throw your job at you?
2. Many Canadians have hatred working with any black established business.
3. Some things that Canadians will not do, but foreign workers will do it willingly.
4. Canadian Xenophobic are very high

 

[Naturgrl]

So, are you telling me that the C12 is no more exempted?
LMIA exempt is for employees of the same employer in foreign country, and been transferred to Canada.
Not all positions can Canadians help a developing business for.
1. A travel and tourism agency working mostly on the field, won't Canadian throw your job at you?
2. Many Canadians have hatred working with any black established business.
3. Some things that Canadians will not do, but foreign workers will do it willingly.
4. Canadian Xenophobic are very high

Did your employer get approval for LMIA exemption (C12) proving technical knowledge? Never said about hiring Canadians but did your employer prove that no one in the Canadian office has the technical knowledge to do the job. Your link posts the job offer but where is the approval from EDSC for the LMIA exemption?

If you have the approved LMIA exemption from ESDC then does employee meet requirements for a work permit as stated on IRCC site. A job offer means nothing.

 

[Copingwithlife]

So, are you telling me that the C12 is no more exempted?
LMIA exempt is for employees of the same employer in foreign country, and been transferred to Canada.
Not all positions can Canadians help a developing business for.
1. A travel and tourism agency working mostly on the field, won't Canadian throw your job at you?
2. Many Canadians have hatred working with any black established business.
3. Some things that Canadians will not do, but foreign workers will do it willingly.
4. Canadian Xenophobic are very high

Well that question went off the rails pretty fast.

What in God's name are you going on about ?
If Canada & Canadians are all of the above things you posted , why would you want to come here to work ?

 

[scylla]

Dear All.

Please I want to ask this question, Is it an error of the applicant or the IRCC Officer?

An applicant applied for an Intra-Company Transfer Work Visa using a C12 LMIA exempted and it was also stated in the application that the application is for Temporary Work Visa, but the IRCC officer treated the application as a startup visa See Image Here

Is this worth fighting or what can we do to this?
Application stated Intra-company transfer, and was treated based on start-up, is start-up anywhere reflected or is LMIA Exempted C60 anywhere shown in the application?

Please advice.

Is there more to the refusal letter? Based on the information you have posted, it appears the ICT application was missing documentation / evidence and this is why it was refused.

Is that letter the only evidence that was provided by the company to support the need for an ICT? If so, this definitely is not sufficient.

You are of course free to hire a lawyer to try to fight this. But before you do that, it would be good to provide more information since the refusal may have been appropriate / correct if the application was incomplete.

 

[Debeulah82]

As intra-company exempted temporary does not require such. Because the same employer that employed the worker outside Canada is the same as the employer that offer the employed manager the opportunity to come to Canada.

If the employer wants to employ non canadian resident and non current staff in a partnering business or branch of the Canadian company, he will then be subjected to obtain Positive LMIA.
But since it is an intra company, there shouldn't be need to go through service Canada but Emploument social development Canada

 

[Naturgrl]

As intra-company exempted temporary does not require such. Because the same employer that employed the worker outside Canada is the same as the employer that offer the employed manager the opportunity to come to Canada.

If the employer wants to employ non canadian resident and non current staff in a partnering business or branch of the Canadian company, he will then be subjected to obtain Positive LMIA.
But since it is an intra company, there shouldn't be need to go through service Canada but Emploument social development Canada

A ICT transfer requires a LMIA exemption. The employer must file for the exemption and get a LMIIA exemption number. The employer cannot just bring in employees from other countries without it. A job offer is not enough. The employer must prove that the employee has specialized technical knowledge that is not present in the Canadian office. So did the employer file under C12? If not, the employer needs to do so.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/intra-company-transferees.html