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LMIA for Intra Company Transfer

savioceg

Star Member
Nov 29, 2013
196
2
124
Mississauga
Category........
NOC Code......
2173
Job Offer........
Pre-Assessed..
App. Filed.......
21-11-2015
AOR Received.
21-11-2015
Med's Done....
02-02-2016
Hi ,

I am working in Canada for the last 16 months . I came here on an Intra Company Transfer. I had no problems extending my work permit last October and i got it in a couple of weeks. I understand there are some changes that happened in Feb 2015.

Could someone clarify if i need LMIA to extend my work permit this year ? usually Intra Company Transfer is LMIA excempt.


Regards,
Savio
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


savioceg said:
Hi ,

I am working in Canada for the last 16 months . I came here on an Intra Company Transfer. I had no problems extending my work permit last October and i got it in a couple of weeks. I understand there are some changes that happened in Feb 2015.

Could someone clarify if i need LMIA to extend my work permit this year ? usually Intra Company Transfer is LMIA excempt.


Regards,
Savio
1. No, you don't require a LMIA to extend your ITA. What the discussion is about it that ITAs require a LMIA if they wish to get the 600 points for Express Entry Immigration.
 

katja2684

Hero Member
Jan 31, 2015
221
7
Toronto
Category........
NOC Code......
2171
Job Offer........
Pre-Assessed..
Hi PMM,

I'm on an ICT permit expiring in November this year and I've already created my Express Entry profile. My employer wants to help me to stay after my permit expires but I wasn't sure they can extend it without an LMIA. Are you sure that an ICT work permit doesn't require an LMIA for extension? Sorry to sound unconfident but with these new regulations I'm getting very confused that I'd be able to stay.
Thanks in advance for your help.
Katalin
 

kjg09

Star Member
Dec 8, 2014
75
15
hi all, I just want to share the experience we had in intra company transfer. My husband is also under this category and he has a job offer since last year Aug 2014. Accdg to HR, the LMIA should be exempted so we applied work permit (mine is owp) last Aug 2014. The CIC rejected our work permit last Oct 2014, as per HR they rejected the work permit due to LMIA requirement. They were also surprised since some of the employees were transferred before in canada without that LMIA. They applied immediately for LMIA and it was approved last 02 Dec 2014. We applied work permit last 16 Dec 2014 but until now no updates :(
 

katja2684

Hero Member
Jan 31, 2015
221
7
Toronto
Category........
NOC Code......
2171
Job Offer........
Pre-Assessed..
kjg09 said:
hi all, I just want to share the experience we had in intra company transfer. My husband is also under this category and he has a job offer since last year Aug 2014. Accdg to HR, the LMIA should be exempted so we applied work permit (mine is owp) last Aug 2014. The CIC rejected our work permit last Oct 2014, as per HR they rejected the work permit due to LMIA requirement. They were also surprised since some of the employees were transferred before in canada without that LMIA. They applied immediately for LMIA and it was approved last 02 Dec 2014. We applied work permit last 16 Dec 2014 but until now no updates :(
Thanks for sharing your story. My permit was also LMIA exempt when I came to Canada,in January 2014.My employer will find out if an LMIA is required to extend it. Is your husband working in the same position and was LMIA exempt when he started working?
 

kjg09

Star Member
Dec 8, 2014
75
15
katja2684 said:
Thanks for sharing your story. My permit was also LMIA exempt when I came to Canada,in January 2014.My employer will find out if an LMIA is required to extend it. Is your husband working in the same position and was LMIA exempt when he started working?
Yes its better to ask your employer to check if you need LMIA. If LMIA needed, they need to apply asap as the processing is taking so long as well. Some can get it after 3 to 5 months. Due to alot of changes in CIC last year our application was delayed for so long. We were expected to be in Canada last Oct 2014 but until now we are still here in singapore. My husband is working on same position in singapore site and he's using skype during meeting with his counterparts in canada. They are waiting for him to be there. Good thing is the employer are doing everything they can to help us get the work permit.
 

katja2684

Hero Member
Jan 31, 2015
221
7
Toronto
Category........
NOC Code......
2171
Job Offer........
Pre-Assessed..
Yes I think I'll need the LMIA too because I got my permit for specialized worker and the rules changed last year as you also mentioned. Our HR guy is slow and I have to follow-up with him quite often,he doesn't understand the urgency of this for me.
Hopefully your husband will get the LMIA and you can come to Canada.keep us posted.
 

str8sens

Member
Jun 10, 2015
10
0
Hi both, I'm curious what rules were changed as my employer engaged an immigration lawyer from Toronto and we were advised to apply as a specialized skill category. We submitted on March 18 and has yet to hear anything back. Have both your work permit been approved yet? regards.

katja2684 said:
Yes I think I'll need the LMIA too because I got my permit for specialized worker and the rules changed last year as you also mentioned. Our HR guy is slow and I have to follow-up with him quite often,he doesn't understand the urgency of this for me.
Hopefully your husband will get the LMIA and you can come to Canada.keep us posted.
 

katja2684

Hero Member
Jan 31, 2015
221
7
Toronto
Category........
NOC Code......
2171
Job Offer........
Pre-Assessed..
str8sens said:
Hi both, I'm curious what rules were changed as my employer engaged an immigration lawyer from Toronto and we were advised to apply as a specialized skill category. We submitted on March 18 and has yet to hear anything back. Have both your work permit been approved yet? regards.
str8sens, when you file for ICT permit under specialized worker,they may need a proof that you have a unique proprietary knowledge of your company's products that is hard to replace/imitate. Actually when I was granted my ICT permit back in November 2013 after 2 months of waiting, I haven't even heard of such requirement, I guess my company didn't have to bring much evidence to it.
Later on in 2014 my company tried to obtain the ICT visa for another colleague and it got refused 3 times. I enquired this year whether they would renew my ICT permit and they didn't want to, because apparently the same specialized skills are now carefully checked for ICT extensions too. In the meantime I got ITA in March under EE-FSW and I submitted the PR application in May.