+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Is an ICT (intra company transfer) work permit exempt from LMIA?

satishnair77

Member
Feb 15, 2016
13
2
Hi

I am on a closed work permit - which is an ICT (Intra-company transferee). I understand from the CIC website that such work permits are exempt from LMIA.
Please see here

I wanted to confirm this if anyone is aware of the same. I am applying for a PR myself under CEC - Canadian experience class. And this question is asked while creating the Express Entry profile.

Regards
S
 

sandra02

Hero Member
Mar 1, 2015
512
62
Toronto
Category........
CEC
Job Offer........
Yes
AOR Received.
16 07 2017
Med's Done....
April 2017
Yes, ICT is exempt from LMIA. but you still need job offer from your employer, according to the requirements of CIC website, and you should have one year work experience with your employer before you apply. Then you can apply for extra 50 points.
I am not in a same situation, I have LMIA, I am not on ICT.
 

satishnair77

Member
Feb 15, 2016
13
2
Thanks Sandra. I have a job offer now but the job title in the offer letter is different from the NOC which was used for my ICT work permit. Will that pose to be an issue?
 

sandra02

Hero Member
Mar 1, 2015
512
62
Toronto
Category........
CEC
Job Offer........
Yes
AOR Received.
16 07 2017
Med's Done....
April 2017
Thanks Sandra. I have a job offer now but the job title in the offer letter is different from the NOC which was used for my ICT work permit. Will that pose to be an issue?
Can you ask your employer to change the jo offer? you can not work in any other NOC only which is stated in your work permit.
 

satishnair77

Member
Feb 15, 2016
13
2
Its unlikely that my employer will change the job offer at this stage. Whats the impact if i dont get it? Is there a possibility of not getting the 50 CRS points since I hold a job offer?
 

vmsanthosh

Member
Nov 30, 2016
19
6
Hi

I am on a closed work permit - which is an ICT (Intra-company transferee). I understand from the CIC website that such work permits are exempt from LMIA.
Please see here

I wanted to confirm this if anyone is aware of the same. I am applying for a PR myself under CEC - Canadian experience class. And this question is asked while creating the Express Entry profile.

Regards
S
I am in that exact same situation. I don't have any clue if my WP is LMIA approved or exempted. By definition, ICT is LMIA exempted, but the employer would still have to file a form to IRCC and get an offer number which you need to fill in while creating EE.
 

thinkshady

Hero Member
Jun 26, 2016
716
59
NOC Code......
2174
Hi

I am on a closed work permit - which is an ICT (Intra-company transferee). I understand from the CIC website that such work permits are exempt from LMIA.
Please see here

I wanted to confirm this if anyone is aware of the same. I am applying for a PR myself under CEC - Canadian experience class. And this question is asked while creating the Express Entry profile.

Regards
S
Mate You are good to apply for a PR under CEC if you have a ICT based Closed WP and a year experience in Canada. As far as Job offer letter is concerned, you just need to prove you have permanent job and will remain in Canada. Check out this thread, it will help you.

http://www.canadavisa.com/canada-immigration-discussion-board/threads/cec-anyone-there-who-got-ita-based-on-ict-job-offer-50-points-49th-draw.465688/#post-5655095
 
  • Like
Reactions: satishnair77

jes_ON

VIP Member
Jun 22, 2009
12,091
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Thanks Sandra. I have a job offer now but the job title in the offer letter is different from the NOC which was used for my ICT work permit. Will that pose to be an issue?
NO - the NOC on your work permit applies to your current job. You will have to get a letter of reference to cover your past/current experience with this employer, and it is important that that experience match the NOC on your work permit (otherwise you will have been working without authorization).

The job offer letter (not mandatory - it is only for the bonus 50 points) is for FUTURE employment (for at least one year AFTER you become a permanent resident), it must be skilled, non-seasonal, and full-time. But it does not have to be the same NOC. (I would hope it is related, tho!)
 

sandra02

Hero Member
Mar 1, 2015
512
62
Toronto
Category........
CEC
Job Offer........
Yes
AOR Received.
16 07 2017
Med's Done....
April 2017
If you can have a new job offer, which is dated recently, @jes_ON is right. You can work in other position at the same company in the future.(like me)
But if you have an older job offer, which was given to you for your current work permit, than it should be the same NOC.
And the employer letter and employer records, which proof your previous/current job, should be in the same NOC which stated in your work permit.
If only the job offer is questionable, and you have one dated recently (not before your work permit was issued) you are good.
Good luck.
 

satishnair77

Member
Feb 15, 2016
13
2
@jes_ON and @sandra02 :
I am not sure if I get this completey.
The closed work permit is for Noc 2171 (a IT technology consultant). Now, I have a job offer which is recent and is closer to 0213 (IT manager). This offer is issued after the work permit was issued almost 2 years ago.

Both NOCs related though since its the same industry.

The employer reference letter will be based on my current job as an IT manager. Will that be good?
 

sandra02

Hero Member
Mar 1, 2015
512
62
Toronto
Category........
CEC
Job Offer........
Yes
AOR Received.
16 07 2017
Med's Done....
April 2017
@jes_ON and @sandra02 :
I am not sure if I get this completey.
The closed work permit is for Noc 2171 (a IT technology consultant). Now, I have a job offer which is recent and is closer to 0213 (IT manager). This offer is issued after the work permit was issued almost 2 years ago.

Both NOCs related though since its the same industry.

The employer reference letter will be based on my current job as an IT manager. Will that be good?
You got it completely, that is what I meant.You have closed work permit, untill 2018 based on an old job offer in NOC 2171, which is perfect.
The new job offer, which proof that the company wants to keep you and can guarantee a job for you at least for 1 year after your PR is issued, is not necessarily have to be in the same NOC.
I understand @jes_ON points of view.
Yes, the employer letter is for your current job.
(Many people who has the same recent and future NOC, they upload the job offer on the employer letter section. But in your case, it is different.)
@jes_ON, please share your thoughts.
 

sandra02

Hero Member
Mar 1, 2015
512
62
Toronto
Category........
CEC
Job Offer........
Yes
AOR Received.
16 07 2017
Med's Done....
April 2017
Sorry employer letter, in my view should be in your consultant job.
Employer letter proofs your current position. ( I asked on this forum what is the meaning if employer letter, because there is no any explanation for that in e-APR, and I got this answer)
Job offer is for your future one.
 

sandra02

Hero Member
Mar 1, 2015
512
62
Toronto
Category........
CEC
Job Offer........
Yes
AOR Received.
16 07 2017
Med's Done....
April 2017
But how can you work as a manager if your work permit is for consultant position and it is a closed permit? Could you check your work permit, which position is written on there? If there is no position is written, only the name of the company, probaby than you can work in any position.
( I got new work permit on the 10,June,2017. In Export sales position. NOC 6221. My job offer is from 1,July.
Before 10 June, I was working as a technical sales specialist, same NOC 6221 at the same company who gave me the job offer.
So same company, same NOC, but different position and I had to stop working on my position on 10 June, and I did not work from 10-30 June, I started again 1 July. The immigration officer said to me that I have to stop working because my position is changed in my work permit.
 

satishnair77

Member
Feb 15, 2016
13
2
But how can you work as a manager if your work permit is for consultant position and it is a closed permit? Could you check your work permit, which position is written on there? If there is no position is written, only the name of the company, probaby than you can work in any position.
There is no position mentioned in my work permit. It just states profession/occupation as Consultant.
 

sandra02

Hero Member
Mar 1, 2015
512
62
Toronto
Category........
CEC
Job Offer........
Yes
AOR Received.
16 07 2017
Med's Done....
April 2017
There is no position mentioned in my work permit. It just states profession/occupation as Consultant.
That is what I am asking. You can work only as a consultant, as it is written in your work permit.