ICT

[mhbancquart]

Hello,

I understand that an ICT is only valid for someone who is an executive, which I am not. I am an Eurooean citizen so what kind of visa I should apply for a postion that will be offered to me by my current company (where I have been working for 7 years) which has been present in Canada for more than 25 years. More a position as Project Manager and paralegal. Thank you

 

[scylla]

Hello,

I understand that an ICT is only valid for someone who is an executive, which I am not. I am an Eurooean citizen so what kind of visa I should apply for a postion that will be offered to me by my current company (where I have been working for 7 years) which has been present in Canada for more than 25 years. More a position as Project Manager and paralegal. Thank you

That is incorrect.

You don't have to be an executive to qualify for an ICT. However if you're not an executive, you must have specialized knowledge and your company must be willing to apply for the ICT and be willing to provide proof you meet the specialized knowledge requirement. Do you meet the specialized knowledge requirement? Is your company willing to support and apply for the ICT on your behalf?

 

[mhbancquart]

That is incorrect.

You don't have to be an executive to qualify for an ICT. However if you're not an executive, you must have specialized knowledge and your company must be willing to apply for the ICT and be willing to provide proof you meet the specialized knowledge requirement. Do you meet the specialized knowledge requirement? Is your company willing to support and apply for the ICT on your behalf?

Thank you for your quick reply. Unfortunately I do not have specific skills. I have paralegal experience in France, UK, Switzerland and Ireland I have gained over 20 years but no certificate as such. My company is willing to support me but before I do that I wanted to check if there was a chance as I do not want to waste their time! Thank you!

 

[scylla]

Thank you for your quick reply. Unfortunately I do not have specific skills. I have paralegal experience in France, UK, Switzerland and Ireland I have gained over 20 years but no certificate as such. My company is willing to support me but before I do that I wanted to check if there was a chance as I do not want to waste their time! Thank you!

How old are you exactly? What citizenship do you hold?

 

[mhbancquart]

How old are you exactly? What citizenship do you hold?

That is rhe problem I am 60 and French!

 

[scylla]

That is rhe problem I am 60 and French!

In that case your employer needs to obtain an approved LMIA (in addition to giving you the job offer). If the LMIA is approved, you can then apply for a closed work permit tied to that specific employer. The LMIA process is quite involved so you'll want to make sure your employer is willing to go through this process.

If by any chance your intent for coming to Canada is to apply to become a permanent resident as an economic immigrant, you should be aware this likely won't be feasible due to your age.

 

[mhbancquart]

In that case your employer needs to obtain an approved LMIA (in addition to giving you the job offer). If the LMIA is approved, you can then apply for a closed work permit tied to that specific employer. The LMIA process is quite involved so you'll want to make sure your employer is willing to go through this process.

If by any chance your intent for coming to Canada is to apply to become a permanent resident as an economic immigrant, you should be aware this likely won't be feasible due to your age.

Thank you so much for this useful information, much appreciated!!

 

[Roger Gamer]

Qualified intra-company transferees require work permits and are exempted from the Labour Market Impact Assessment (LMIA) under paragraph R205(a) (exemption code C12) as they provide significant economic benefit to Canada through the transfer of their expertise to Canadian businesses.
As France is also part of the EU, you may also be exempted from LMIA under Canada-EU CETA-ICT-transferees R204(a), LMIA exemption code T44

This is not a PR pathway, however since your company is offering a project manager position, you can still apply through express entry with a NOC skill type 00 which is worth 200 points in express entry, which even at age 60 should get you a good CRS score with decent ECA and IELTS. Since you are French, you will probably also get additional points for TEF/TCF French exam

To get NOC skill type 00, you need to be in senior management. You would need to show at least 2 middle managers reporting to you, and 2 more juniors reporting to the middle managers. This will be the solution if your company is willing to do this arrangement, to offset the ICT requirement for specialized knowledge, as you will be applying as an executive

 

[mhbancquart]

Qualified intra-company transferees require work permits and are exempted from the Labour Market Impact Assessment (LMIA) under paragraph R205(a) (exemption code C12) as they provide significant economic benefit to Canada through the transfer of their expertise to Canadian businesses.
As France is also part of the EU, you may also be exempted from LMIA under Canada-EU CETA-ICT-transferees R204(a), LMIA exemption code T44

This is not a PR pathway, however since your company is offering a project manager position, you can still apply through express entry with a NOC skill type 00 which is worth 200 points in express entry, which even at age 60 should get you a good CRS score with decent ECA and IELTS. Since you are French, you will probably also get additional points for TEF/TCF French exam

To get NOC skill type 00, you need to be in senior management. You would need to show at least 2 middle managers reporting to you, and 2 more juniors reporting to the middle managers. This will be the solution if your company is willing to do this arrangement, to offset the ICT requirement for specialized knowledge, as you will be applying as an executive

Thank you very much for all this information, much appreciated. I have one last question. My son who is 22 years old will come with me. He is unemployed but might study but we do not know yet so study visa will not work. What kind of visa he should apply for? Thanks very much!!

 

[Naturgrl]

Thank you very much for all this information, much appreciated. I have one last question. My son who is 22 years old will come with me. He is unemployed but might study but we do not know yet so study visa will not work. What kind of visa he should apply for? Thanks very much!!

He can apply for a visitor visa. Since he is over 22, he needs to show his own funds, ties to home country, travel history and reasons to travel. He cannot work, just visit up to 6 months.

If he ever wants to study, He will need admission to a public college or university and then apply for a study permit. He will pay international fees so needs to show career/education advancement, ties to home country, and funds (pay first year tuition and minium $10k).

 

[mhbancquart]

He can apply for a visitor visa. Since he is over 22, he needs to show his own funds, ties to home country, travel history and reasons to travel. He cannot work, just visit up to 6 months.

If he ever wants to study, He will need admission to a public college or university and then apply for a study permit. He will pay international fees so needs to show career/education advancement, ties to home country, and funds (pay first year tuition and minium $10k).

Oh, so even if he lives with me and I can confirm that I will be responsible financially for him, it will not work? He has special needs and I cannot leave him on his own for the time being.

 

[Naturgrl]

Oh, so even if he lives with me and I can confirm that I will be responsible financially for him, it will not work? He has special needs and I cannot leave him on his own for the time being.

Because he is over 22, he still needs to apply on his own. Include his medical and psyhological assessments to prove he cannot live independently nor work or go to school. You can include your funds but IRCC may or may not accept your funds. There is a good chance his application will be refused so you will need to make decisions for his care. If approved, look into private health care because as a visitor he is not eligible for provincial health care. Also he can’t live in Canada as a visitor so need to consider that he may only be allowed into Canada for a few weeks or up to 6 months.

Again, he needs to show funds, travel history and ties to home country.

 

[mhbancquart]

Because he is over 22, he still needs to apply on his own. Include his medical and psyhological assessments to prove he cannot live independently nor work or go to school. You can include your funds but IRCC may or may not accept your funds. There is a good chance his application will be refused so you will need to make decisions for his care. If approved, look into private health care because as a visitor he is not eligible for provincial health care. Also he can’t live in Canada as a visitor so need to consider that he may only be allowed into Canada for a few weeks or up to 6 months.

Again, he needs to show funds, travel history and ties to home country.

Ok noted thank you, this is really helpful to take a decision.

 

[Naturgrl]

Ok noted thank you, this is really helpful to take a decision.

All the best. You are in a difficult position. If you include his medical reports in his application, IRCC also will wonder if he will become a burden on the health care and social systems. He will not have access to any health and social services but IRCC may still be concerned if he has medical issues, if he will be able to pay for his own care. IRCC will be concerned that he is not visiting but living in Canada.

 

[mhbancquart]

All the best. You are in a difficult position. If you include his medical reports in his application, IRCC also will wonder if he will become a burden on the health care and social systems. He will not have access to any health and social services but IRCC may still be concerned if he has medical issues, if he will be able to pay for his own care.

My company has confirmed that both him and I will have a full medical cover so this will not be an issue but all the visa requirements are a bit too much so will have to give up on my dream to live in Canada, maybe in another life but thank you!