IRCC Beijing Contact: Any Other Ways to Connect with Processing Officer During WP Reconsideration?
- Thread starter Bubu12
- Start date
IF you sent a webform outlining error in law then nothing to do as unknown which office it could be passed on to. Usually faster to reapply if you are submitting new documents.
What were reasons for refusal? What was the error in law?
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Hi,
The reason in ODN is :
Insufficient documentation provided by
the applicant and the company that shows how the work of the foreign national will create or
maintain significant cultural, social or economic benefit for Canada. Significant includes but is not
limited to an assessment of how the work of the foreign national will provide:
• general
economic support for Canada (such as job creation, development in a regional or remote setting
or expansion of export markets for Canadian products and services);
• advancement of a
Canadian industry (such as technological development, product or service innovation or
opportunities for improving the skills of Canadians);
• increased health and well-being,
meaning the physical and mental health of society either across Canada or regionally; •
increased tolerance, knowledge or opportunities to come together with others of a similar culture.
As such, I am not satisfied that the work they would be performing will create or maintain
significant economic or social benefits for Canada. The applicant does not meet the requirement
of R200(1)(c)(ii.1) that their work is described in R205.
But Our Canadian company is genuine, and the position is authentic. I have been appointed as Engineering Manager specifically to expand the local delivery team. Our company mainly engages in automotive software development and has also made notable achievements in the AI field. The company has submitted its own business plan, and I have provided my resume as proof. How can it be determined that I will not make a general economic contribution if I am not even allowed to go there?
So you have approved LMIA or under another stream. How will your job create jobs for Canadians and be of social/economic benefit to Canada. Since a manager company should be outlining your role on why you are the only person who can lead the team. Your company provides the economic/social and job creation benefits. You should be reapplying not asking for reconsideration if IRCC wants further information.
Hi Naturgrl,
Thanks for the quick reply and happy holidays.
Actually I am on a ICT stream, so it is LMIA exempted.
I am the designated project lead appointed by the client in Markham. Moreover, we will hire two local Engineers for this project this year, which will bring direct annual economic benefits of over 200,000 CAD. Our Canadian company has been established in Markham for 6 years and has been contributing to the local economy all along. For every previous North American project I managed, I also recruited local colleagues in North America.
On a deeper level, our focus is on AI applications in autonomous driving, including the driver attention monitoring system. This technology will greatly enhance local traffic safety standards, benefit the physical and mental well-being of local residents, and also contribute to the advancement of the local automotive industry.
Myself, my licensed RCIC and our company have carefully reviewed the ICT standards under C62, and we believe we fully meet these requirements.
So you should be reapplying not asking for reconsideration if want to submit new information. You will still have an approved LMIA exemption since you are a long term employee of the company. Need to have been with the company for a minimum of a year. Your economic benefits are only $200k...that's it. That is not a benefit at all. If you fully believe you meet requirements then wait to see if reconsideration is approved and file is reopened.
Thank you again for your reply. First of all, I believe the documents we have submitted are fully compliant with the requirements.
I have been working for the overseas parent company for more than four years, with my position gradually promoted, which is why the company has decided to appoint me to the Canadian branch.
Regarding economic contributions, it is not appropriate for me to elaborate on the company’s matters in public forums. While the direct economic contribution in the first year will be 200,000 Canadian dollars, the overall revenue of our project is actually substantial. I have already asked my RCIC to retrieve the GCMS notes in preparation for re-submission.
What troubles me most is that I am deeply confused by this visa refusal.
So how long has your company been established in Canada? Being its technology, why does the position require you to be in Canada, rather than remotely? Is the company established in any other countries?
Our Canadian branch has been established for 6 years, while the Group has a 16-year history and boasts over 10,000 employees worldwide. We have set up branches in the United States, Germany, China, Finland, Bulgaria, Japan, South Korea, Vietnam, India and other countries.
I have been working remotely on the project for the past 2 years, and the company intends to relocate me to Canada for two main reasons:
- On one hand, it is due to the time zone difference—the client wishes to have me based in the same time zone as theirs.
- On the other hand, the company expects me to strengthen the development of the local delivery team in North America. This is because in my prior projects, colleagues from different countries and cultural backgrounds were able to fully leverage their strengths, and engineers from North America, India and China delivered excellent performance under my supervision.
We have previously recruited locally for this position. However, the previous hires failed to fully understand the strategic intentions of the headquarters and could not effectively bring the company’s technologies and resources to Canada, which resulted in modest expansion of the Canadian branch.
It is only because I am well-versed in the headquarters’ processes, products and technologies, have also gained recognition from the current leadership and engineers in North America, and am confident that my relocation will add value to the team that I accepted the offer extended by the company.
So you have asked for reconsideration. You wait to see if reopened since you believe that your job will be of social and economic benefit to Canada. Your company needs to show how. You say client, but you are employed now with the foreign branch, and moving to the Canadian office.. If your company has 10k+ employees then the company should be showing expansion of staff, economic benefits more than 200k.
Since you have asked for reconsideration which is an error in law. They review your current documents. If you were including new documents to address refusal then that is a new applicaiton.
The core requirement for the C62 category I applied for is that the parent company must conduct actual business in at least two countries, the Canadian entity must have a physical office space, I must have worked full-time continuously for at least one year at the overseas sending company within the three years prior to the application in a position of at least a functional manager, with matching work experience, and the salary must also meet the local standards. Furthermore, my assignment letter clearly states that I will return to my original position after the completion of the transfer, and I have provided the financial statements of our parent company and Canadian branch, my resume, and other relevant documents.
The core of my concern is why IRCC did not review these materials.
I firmly believe the documents submitted are flawless, and I will not submit any new documents during the reconsideration process.
Meanwhile, after reviewing the GCMS notes, I will consider filing a legal appeal or submitting a new application.
I hold the view that IRCC is a competent institution, and it should review my reconsideration fairly.
Moreover, may I ask if my company can submit supporting documents specifically for this reconsideration via Webform at the current stage to prove the general economic benefits? And why was the application directly refused without asking me to submit supplementary documents?
If they are "flawless" then wait for response on reconsideration. Immigration lawyer is best to be involved. This is with the company not you in them providing solid documentation that your work will be economically and socially beneficial to Canada by providing more jobs to Canadians as one example. They would have stated that xx more employees will be hired in xx jobs which requires skills in these areas. Again $200k economic benefit is nothing. IAssume you also include ECA and language results.
Reconsideration is for error in law with current documentation. You can provide more documentation but IRCC doesn't have to look at it in the reconsideration process. When you apply, you submit a thorough application. IRCC doesn't have to (rarely does) ask for additional documents in the review process. Decision is based on documents provided.
There are no timelines either. Usually most people reapply with new and updated documentation.