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Moving to Canada shortly in Intra Company Transfer

hakweye

Star Member
Nov 16, 2016
186
57
Hello All,
I'm currently in USA in H1B with my spouse. My 6 years of H1B expires on March 2017 and sadly my employer didn't file a Green Card :( . However due to my client's request they agreed to move me to Canada starting next year.

I have a few questions ,
1. Can my Spouse work in Canada now while I'm ICT ?
2. One mistake I did while in USA was to trust my employer to apply for GC, which I'm not planning to make while in Canada . So what is the Procedure for PR in Canada , I understand we can apply for PR ourselves. What is the best way to do it?
3. Any caveats I need know related to ICT ?

Thanks
 

scylla

VIP Member
Jun 8, 2010
77,997
13,824
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1. Provided your job is NOC A, B or 0 skill level, your spouse can apply for an open work permit. Approval of that open work permit is never guaranteed.
2. Canada has a number of different immigration programs. If you are going to do it yourself (rather than hiring a lawyer or consultant), you'll need to research each to find out what the criteria are, if you qualify and how to apply. Information can be found here: http://www.cic.gc.ca/english/immigrate/apply.asp
3. We've seen a number of ICT refusals recently where CIC doesn't believe the individual has specialized skills. Make sure this is well addressed in your application - in general, make sure your employer understands the ICT process and your application is solid. Also, as mentioned above, approval of the ICT doesn't guarantee your spouse's OWP will be approved (although it's likely it will be). Last but not least, being here on an ICT doesn't guarantee you'll end up with PR.
 
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tjm235

Newbie
Nov 12, 2016
2
0
If it's a US company, the visa is most likely going to be a NAFTA Intracompany transfer permit, which is LMIA exempt. Without an LMIA, even if your job qualifies under express entry, it's much more difficult to get enough points for PR.
 

hakweye

Star Member
Nov 16, 2016
186
57
scyllatjm235, Thanks for your valuable response.

1. I would prefer to use a lawyer or consultant if that works out of PR. However only thing i didn't want is to be depend on my employer to apply for PR.
2. Employer is Indian based and one of the Top IT service provider. I not very clear on what type of ICT they are applying at this time, however I will get to know it soon.
 

sharmag

Star Member
Jul 22, 2014
132
27
Category........
Visa Office......
NDVO
NOC Code......
2232
Job Offer........
Pre-Assessed..
App. Filed.......
19-08-2014
Nomination.....
09-12-2014
File Transfer...
29-01-2015
Med's Request
21-02-2015
Med's Done....
26-02-2015
Interview........
Wavied off
Passport Req..
31-03-2015 (Submitted on 02-4-2015)
VISA ISSUED...
18-03-2015 (Collected Passport on 22-04-2015)
LANDED..........
21-07-2015
hakweye said:
scyllatjm235, Thanks for your valuable response.

1. I would prefer to use a lawyer or consultant if that works out of PR. However only thing i didn't want is to be depend on my employer to apply for PR.
2. Employer is Indian based and one of the Top IT service provider. I not very clear on what type of ICT they are applying at this time, however I will get to know it soon.
Hi,
I can understand ur situation. I had an ICT from a top indian it company. But I did not travel. One suggestion is that keep in touch with your manager and travel group to get updates on your application. YOu will be required for LMIA, which takes lot of time. Ask them to start the process asap. All the best. However, as scylla mentioned, ICT is little difficult. CIC is encouraging applying for PR under express entry for these applicants (AFAIK).
You will have the work visa once approved. Then you need to submit for spousal open work permit.

Regards,
Sharma
 

anandkakkad

Member
Dec 25, 2017
12
0
1. Provided your job is NOC A, B or 0 skill level, your spouse can apply for an open work permit. Approval of that open work permit is never guaranteed.
2. Canada has a number of different immigration programs. If you are going to do it yourself (rather than hiring a lawyer or consultant), you'll need to research each to find out what the criteria are, if you qualify and how to apply. Information can be found here: http://www.cic.gc.ca/english/immigrate/apply.asp
3. We've seen a number of ICT refusals recently where CIC doesn't believe the individual has specialized skills. Make sure this is well addressed in your application - in general, make sure your employer understands the ICT process and your application is solid. Also, as mentioned above, approval of the ICT doesn't guarantee your spouse's OWP will be approved (although it's likely it will be). Last but not least, being here on an ICT doesn't guarantee you'll end up with PR.
Hi Scylla/friends,

My company and its lawyers are filling for my Intra Company Transfer (ICT) and for the SOWP the lawyer is asking for $500 fees. So, I would like to fill the SOWP application on my own. So, my question is that

1. Can I file the SOWP application on my own even when ICT is being filled by the company lawyers?
2. Are the two applications ICT and SOWP independent of each other?
3. Do I require any information from my ICT application in my SOWP application?
4. Can I file for SOWP application after my ICT has been approved?
 

scylla

VIP Member
Jun 8, 2010
77,997
13,824
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi Scylla/friends,

My company and its lawyers are filling for my Intra Company Transfer (ICT) and for the SOWP the lawyer is asking for $500 fees. So, I would like to fill the SOWP application on my own. So, my question is that

1. Can I file the SOWP application on my own even when ICT is being filled by the company lawyers?
2. Are the two applications ICT and SOWP independent of each other?
3. Do I require any information from my ICT application in my SOWP application?
4. Can I file for SOWP application after my ICT has been approved?
The answer is "yes" for all of the above questions.