R205(a) LMIA Exempt Intra-company transferees Specialized Knowledge Worker

[sbadlani]

Hello All, I have filled out the Express Entry Profile and have also received Ontario PT of Interest Letter.

I am employed in USA for Toyota Boshoku America Inc. They filed the Intra-Company Transferee R205(A) Exemption Code C12 for me to go work at our Canadian Plant in Ontario (Toyota Boshoku Canada Inc).

While filling out the Express Entry Profile - Under "Intended Work in Ontario" Do I need to fill it out the following way? Could someone please help me confirm that my answers are correct?

I appreciate your help very much!

_________________________________________________________________________________
The offer must:

• be for full-time and for at least one year
• meet different requirements depending on type of job (i.e. some need apprenticeships and certification) and
• be non-seasonal for Federal Skilled Workers.

My Answer: Yes
(Technically I am employed and paid from the American Branch. But, I have a Canada "Work Permit" Document with the Employer Name Toyota Boshoku Canada Inc on it so I assume I have an offer from the Canadian Plant. Is this correct?)

Information about the job offer
Is this job offer for work that is:

• full-time
• continuous and
• for at least one year?

My Answer: Yes
(Work Permit is valid for 3 years so I think the answer to this is Yes?)

Employer or company name (required) Help - Employer or company name
My Answer: Toyota Boshoku Canada Inc.
(This is what is on my Work Permit Document Under Employer Name even though technically my Employer is Toyota Boshoku America Inc. and that's the entity that pays me)

Information about the Labour Market Impact Assessment

Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada? (required) Help - Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada?
My Answer: No
(Intra Company Transferee R205A Exemption Code C12 seems to be exempt from LMIA)

Is John Doe currently working in Canada? (required)
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 so I think the answer is Yes?)

Does John Doe have a valid work permit for the current job in Canada? (required) Help - Does John Doe have a valid work permit for the current job in Canada?
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 so I think the answer is Yes?)

Is John Doe's job offer from the employer named on the current work permit? (required)
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 with the Canadian Company stated in the Employer Name on it so I think the answer is Yes?)

Has John Doe been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?) (required) Help - Has John Doe been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)
My Answer: No
Because I got the Work Permit in Aug 2017 so technically it hasn't been a year yet.
However, I have been working for the American Employer for more than 3 years now.
But, the answer should still be No. Correct?

Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit? (required) Help - Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit?
My Answer: My Work Permit is exempt from an LMIA for other reasons and is Employer Specific

Thank you very much for this help!!!

 

[DelPiero07]

Hello All, I have filled out the Express Entry Profile and have also received Ontario PT of Interest Letter.

I am employed in USA for Toyota Boshoku America Inc. They filed the Intra-Company Transferee R205(A) Exemption Code C12 for me to go work at our Canadian Plant in Ontario (Toyota Boshoku Canada Inc).

While filling out the Express Entry Profile - Under "Intended Work in Ontario" Do I need to fill it out the following way? Could someone please help me confirm that my answers are correct?

I appreciate your help very much!

_________________________________________________________________________________
The offer must:

• be for full-time and for at least one year
• meet different requirements depending on type of job (i.e. some need apprenticeships and certification) and
• be non-seasonal for Federal Skilled Workers.

My Answer: Yes
(Technically I am employed and paid from the American Branch. But, I have a Canada "Work Permit" Document with the Employer Name Toyota Boshoku Canada Inc on it so I assume I have an offer from the Canadian Plant. Is this correct?)

Information about the job offer
Is this job offer for work that is:

• full-time
• continuous and
• for at least one year?

My Answer: Yes
(Work Permit is valid for 3 years so I think the answer to this is Yes?)

Employer or company name (required) Help - Employer or company name
My Answer: Toyota Boshoku Canada Inc.
(This is what is on my Work Permit Document Under Employer Name even though technically my Employer is Toyota Boshoku America Inc. and that's the entity that pays me)

Information about the Labour Market Impact Assessment

Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada? (required) Help - Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada?
My Answer: No
(Intra Company Transferee R205A Exemption Code C12 seems to be exempt from LMIA)

Is John Doe currently working in Canada? (required)
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 so I think the answer is Yes?)

Does John Doe have a valid work permit for the current job in Canada? (required) Help - Does John Doe have a valid work permit for the current job in Canada?
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 so I think the answer is Yes?)

Is John Doe's job offer from the employer named on the current work permit? (required)
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 with the Canadian Company stated in the Employer Name on it so I think the answer is Yes?)

Has John Doe been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?) (required) Help - Has John Doe been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)
My Answer: No
Because I got the Work Permit in Aug 2017 so technically it hasn't been a year yet.
However, I have been working for the American Employer for more than 3 years now.
But, the answer should still be No. Correct?

Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit? (required) Help - Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit?
My Answer: My Work Permit is exempt from an LMIA for other reasons and is Employer Specific

Thank you very much for this help!!!

Answer "no" to the very first question and all other questions will disappear. You do not have a valid job offer yet. Once you complete your year of work experience with the company AND assuming you have all other requirements of a valid job offer you can then edit your profile.

 

[sbadlani]

Hi DelPiero07, Thank you for your fast reply!

Some Offer was there to begin with that's why now I have a "Work Permit" Document. Correct?


The offer must:

• be for full-time and for at least one year
  The Work Permit has Canadian Employer Name on it and is valid for 3 years.
• meet different requirements depending on type of job (i.e. some need apprenticeships and certification) and
  The Work Permit is under 2132-Mechanical Engineer
• be non-seasonal for Federal Skilled Workers.
  Yes, it is Non Seasonal.

If I answer "No" and all other questions go away then there is no place in the application where I show that I have a work permit under ICT R205A C12.

Please advise. Thank you so much!

 

[DelPiero07]

No. This has no relation to your work permit. A work permit does not represent a valid job offer.

if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa

You do not have the requirement in bolded and the whether you have the requirement in red or not is unknown.

IRCC has all the information of your work permit with your UCI number.

 

[sbadlani]

Thank you very much for pointing that out to me. I will update my EE Profile to reflect the correct info.

I also received the Ontario PT of Interest Letter through EE Profile.
Do the answers below look OK? My main concern is on the Last Question. Please advise. Thanks

Employment in Ontario

Do you have a job offer in Ontario?
My Answer: No
Are you currently working in Ontario?
My Answer: Yes
Do you have a valid work permit for your current job in Ontario?
My Answer: Yes
Is your job offer from the employer named on your current work permit?
My Answer: Yes
What NOC code is listed on your work permit?
My Answer:2132
Was a positive Labour Market Impact Assessment (LMIA) issued for your current work permit?
My Answer:No
Was your current work permit issued under the circumstances described in paragraph 204(a) or (c) or in section 205 of the Immigration and Refugee Protection Regulations?
My Answer:Yes
Have you been working full-time (or the equivalent in part-time) for your current employer for a continuous period of at least one year?
Yes
No
Not Sure which Employer are we thinking here?

If this is my Canadian Work Permit Employer than I have NOT completed 1 year.
(Since the permit was issued in Aug 2017).
So Answer is No

If we are talking about my American Employer than I have been working for since 3 years and the answer would be Yes.

Please advise! Thanks!

 

[onkarshinde]

Hello All, I have filled out the Express Entry Profile and have also received Ontario PT of Interest Letter.

I am employed in USA for Toyota Boshoku America Inc. They filed the Intra-Company Transferee R205(A) Exemption Code C12 for me to go work at our Canadian Plant in Ontario (Toyota Boshoku Canada Inc).

While filling out the Express Entry Profile - Under "Intended Work in Ontario" Do I need to fill it out the following way? Could someone please help me confirm that my answers are correct?

I appreciate your help very much!

_________________________________________________________________________________
The offer must:

• be for full-time and for at least one year
• meet different requirements depending on type of job (i.e. some need apprenticeships and certification) and
• be non-seasonal for Federal Skilled Workers.

My Answer: Yes
(Technically I am employed and paid from the American Branch. But, I have a Canada "Work Permit" Document with the Employer Name Toyota Boshoku Canada Inc on it so I assume I have an offer from the Canadian Plant. Is this correct?)

Information about the job offer
Is this job offer for work that is:

• full-time
• continuous and
• for at least one year?

My Answer: Yes
(Work Permit is valid for 3 years so I think the answer to this is Yes?)

Employer or company name (required) Help - Employer or company name
My Answer: Toyota Boshoku Canada Inc.
(This is what is on my Work Permit Document Under Employer Name even though technically my Employer is Toyota Boshoku America Inc. and that's the entity that pays me)

Information about the Labour Market Impact Assessment

Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada? (required) Help - Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada?
My Answer: No
(Intra Company Transferee R205A Exemption Code C12 seems to be exempt from LMIA)

Is John Doe currently working in Canada? (required)
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 so I think the answer is Yes?)

Does John Doe have a valid work permit for the current job in Canada? (required) Help - Does John Doe have a valid work permit for the current job in Canada?
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 so I think the answer is Yes?)

Is John Doe's job offer from the employer named on the current work permit? (required)
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 with the Canadian Company stated in the Employer Name on it so I think the answer is Yes?)

Has John Doe been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?) (required) Help - Has John Doe been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)
My Answer: No
Because I got the Work Permit in Aug 2017 so technically it hasn't been a year yet.
However, I have been working for the American Employer for more than 3 years now.
But, the answer should still be No. Correct?

Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit? (required) Help - Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit?
My Answer: My Work Permit is exempt from an LMIA for other reasons and is Employer Specific

Thank you very much for this help!!!

Hi Sbadlani,

I need help in ICT Filing. I am doing it on my own from my employer too and its for myself. As this is my companies first time applying for ICT and i will be the first employee. Can you please help me on below:

*Iam currently working on h1b for a company in US and we have a branch in Canada. So i assume, i dont need an LMIA. So what is the LMIA exemption code?
*Do you have format/template of the offer letter, transfer agreement, any other documents? or point out to me where i Can get it
* I have a business plan ready, where do i need to upload biz plan and other documents?

Thanks in advance.

 

[Cedric11]

Hi @DelPiero07/All,

I hope someone can help me in my questions below.

I am currently below the minimum scrore to receive an ITA. But my current company outside Canada is willing to give me a job offer in our Canada branch that will give +50 points on my score. With the +50 points for sure I will be receiving an ITA the following draw.

My problem is my company cannot provide an LMIA but instead can provide reference and support letters for an LMIA exemption under Intracompany transfer
"Qualifying job positions for specialized knowledge workers [R205(a)] (exemption code C12)"

Does anyone here have experience in this path? Does my company need to coordinate with IRCC or their reference and supporting letters will be enough? Also what specific items should my employer be providing in their letters for a good chance of approval.

Thanks so much!