Visa Refusal under wrong code

[Gatvol]

Hi All,

I received a Visa Refusal under reg 186 as stated in my refusal letter.

Yet my agent applied under reg 205(a) section 12. Intra company transfer.

I have a positive LMIA and my agent immediately asked them for a review.

How long will this take to resolve?

 

[scylla]

Hi All,

I received a Visa Refusal under reg 186 as stated in my refusal letter.

Yet my agent applied under reg 205(a) section 12. Intra company transfer.

I have a positive LMIA and my agent immediately asked them for a review.

How long will this take to resolve?

Why did your agent apply under the ICT stream if you have a positive LMIA? That makes no sense. ICT is an LMIA exempt stream that has different requirements. Sounds to me like the error was on the part of your agent based on the information you have provided.

I don't think any of us can say how long it will take to resolve since it depends on whether IRCC reopens your application or you need to reapply.

 

[Gatvol]

Why did your agent apply under the ICT stream if you have a positive LMIA? That makes no sense. ICT is an LMIA exempt stream that has different requirements. Sounds to me like the error was on the part of your agent based on the information you have provided.

I don't think any of us can say how long it will take to resolve since it depends on whether IRCC reopens your application or you need to reapply.

Why my agent did what he did, I can't answer.
I am going to work for the same company in Canada that I do here, maybe that's why.

 

[scylla]

Why my agent did what he did, I can't answer.
I am going to work for the same company in Canada that I do here, maybe that's why.

If the application is under the ICT stream, the company has to submit evidence to prove specialized knowledge and/or that you are in a very senior executive role.

If your company got an LMIA approved, then your agent applied under the wrong stream. He should have applied under a regular closed work permit stream rather than ICT. I expect the right paperwork wasn't submitted to get an ICT approval and that's why you were refused.

Sounds like your agent screwed up. You'll have to see if IRCC reconsiders your application or if you need to reapply under the correct stream.

 

[Gatvol]

If the application is under the ICT stream, the company has to submit evidence to prove specialized knowledge and/or that you are in a very senior executive role.

If your company got an LMIA approved, then your agent applied under the wrong stream. He should have applied under a regular closed work permit stream rather than ICT. I expect the right paperwork wasn't submitted to get an ICT approval and that's why you were refused.

Sounds like your agent screwed up. You'll have to see if IRCC reconsiders your application or if you need to reapply under the correct stream.

He did submit all of that, plus proof that the company in both countries are linked, I got an LMIA exception. Sorry, stated that wrong.

I did my IELTS, medical, Biometrics.

A colleague with a different agent followed the exact same route and he's already in Canada.

NOC 6221

 

[scylla]

He did submit all of that, plus proof that the company in both countries are linked, I got an LMIA exception. Sorry, stated that wrong.

I did my IELTS, medical, Biometrics.

A colleague with a different agent followed the exact same route and he's already in Canada.

NOC 6221

Copy and paste the full details of the refusal letter here removing any personal details like your name.

 

[Gatvol]

Copy and paste the full details of the refusal letter here removing any personal details like your name.

Thank you for your interest in working in Canada. After careful review of your work permit
application and supporting documentation under the International Mobility Program, I have
determined that your application does not meet the requirements of the Immigration and Refugee
Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing
your application on the following grounds:
• You have not demonstrated that you come within the exceptions under section 186 of the
IRPR exempting you from the requirement to obtain a work permit or that your employment in
Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of
employment must be the subject of an economic effect determination before a work permit can be
issued to you. Your employer in Canada should contact the local office of the Department of
Employment and Social Development Canada to begin this process.
You are welcome to reapply if you feel that you can respond to these concerns and can
demonstrate that your situation meets the requirements. All new applications must be
accompanied by a new processing fee.

 

[scylla]

Thank you for your interest in working in Canada. After careful review of your work permit
application and supporting documentation under the International Mobility Program, I have
determined that your application does not meet the requirements of the Immigration and Refugee
Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing
your application on the following grounds:
• You have not demonstrated that you come within the exceptions under section 186 of the
IRPR exempting you from the requirement to obtain a work permit or that your employment in
Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of
employment must be the subject of an economic effect determination before a work permit can be
issued to you. Your employer in Canada should contact the local office of the Department of
Employment and Social Development Canada to begin this process.
You are welcome to reapply if you feel that you can respond to these concerns and can
demonstrate that your situation meets the requirements. All new applications must be
accompanied by a new processing fee.

This means IRCC doesn't believe you meet the requirements for an ICT. Your company needs to provide stronger evidence that you either have specialized knowledge or are coming to Canada in a senior executive role.

 

[Gatvol]

This means IRCC doesn't believe you meet the requirements for an ICT. Your company needs to provide stronger evidence that you either have specialized knowledge or are coming to Canada in a senior executive role.

Doesn't make sense.

Its exactly the same documents my colleague used as we got everything from the same HR personnel at the same time and he got his approval 1st of March already.

 

[scylla]

Doesn't make sense.

Its exactly the same documents my colleague used as we got everything from the same HR personnel at the same time and he got his approval 1st of March already.

Maybe IRCC finds this suspicious and now doubts that two people have the same profile.