Hi. My ICT application from India got rejected on grounds of R205a , stating I don’t meet the employer - employee relationship as per R205a and that they don’t see my intend of leaving Canada after the stipulated time period, what can I do in this case. Kindly advice
My ICT application got rejected
- Thread starter sarah77
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Your work wasn’t deemed to provide significant benefit to Canada. What is your current role in your home country and for how long. What would be your role in Canada?
ICT work permits are time limited temporary stay permits. It is your obligation to prove that you will leave at the end of your duration of stay
Hi. How can I prove that in my application? Also the R205a of the relationship between employer and employee doesn't meet is stated. Im a proprietor of my company in India.
I am the proprietor of a Graphic and Website designing company in India which is running since over 14 years now. My lawyer had applied for a Managerial Level in Canada. I opened a Incorporation in Canada too. Is there something I can do to re apply.
You most like aren’t eligible for ICT. As stated on the website, “For instance, a company with no employees which exists in name only and is established for the sole purpose of facilitating the entry of intra-company transferees would not qualify.” How many employees do you have in Canada. Your Canadian company needs to show a physical location, Canadian tax returns, profit/loss statements etc.
Just incorporating a business in Canada doesn’t give you a work permit. If it was so easy millions would do this. You are a self employed graphic designer who should have applied through the SUV or self employment program.
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What proof can you provide? If you can't provide any, it's clear that you are not eligible for the work permit
I have no employees in Canada as yet. I have taken an office space though. The refusal is due to employer and employee relationship( which I'm not understanding ) and the intension of not leaving after the stipulated period. Is there any solution for this ?
Self employment was taking mimimim 2 years.
I have all my documents in place. I have an asset too in India so obviously I would want to come back
How can I file returns or show profit/loss without running a company in Canada and for that I need to be present there correct ?
You need to have business in Canada with employees to file profit/loss statements and income tax. No you don’t need to be in Canada. You have misunderstood the purpose of the ICT. It is for companies that have subsidiaries in other countries with employees and business already in Canada. You are a start up company or self employed person not an ICT. Your Canadian business immigration lawyer would know that.
Your refusal also is due to 205(a) so how does your company (which has no business/clients in Canada) provide significant economic benefit in Canada. You show that by hiring Canadian employees not transferring the only employee (and owner) to Canada. You show that by providing your Canadian client list with receipts/invoices.
Thank you . But my lawyer in Toronto did not mention this at all . So if I start generating business in Canada with the company I’ve formed and employ a couple of employees and re apply will it work ?
The issue is that you are the owner/operator. You are trying to circumvent the system by not applying to federal (SUV or self employment) or provincial entrepreneur programs. Talk to your lawyer.