https://www.google.co.in/amp/s/www.cicnews.com/2012/09/establish-foreign-business-canada-startup-program-091775.html/amp
This talks about start up ICT . Any idea how this works ?
My ICT application got rejected
- Thread starter sarah77
- Start date
This talks about start up ICT . Any idea how this works ?
Details are below. There are specific guidelines for assessing start ups.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/intra-company-transferees/canadian-interests-significant-benefit-general-requirements-r205-exemption-code-c12.html
Guidelines when assessing start-up companies
Requirements for the company
- Generally, the company must secure physical premises to house the Canadian operation, particularly in the case of specialized knowledge. However, in specific cases involving senior managers or executives, it would be acceptable that the address of the new start-up not yet be secured; for example, the company may use its counsel’s address until the executive can purchase or lease a premise.
- The company must furnish realistic plans to staff the new operation.
- The company must have the financial ability to commence business in Canada and compensate employees.
- When transferring executives or managers, the company must
- demonstrate that it will be large enough to support executive or management function.
- When transferring a specialized knowledge worker, the company must
- demonstrate that it is expected to be doing business;
- ensure that work is guided and directed by management at the Canadian operation.
Just to add, based on the refusal reason, you were refused because you weren't able to adequately satisfy these requirements.
Is this not what you applied for in the first place…an ICT visa and were refused?
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You don't need to be a lawyer to apply for a work permit.bif you are not eligible, you can't change that by having a lawyer.
@sb22651 - Clearly you have your personal biases and are making lots of assumptions so you can bash other members. If you can't objectively answer the question asked by the OP then please don't pollute the space with your negativity. FYI - all WP are temporary and need to prove they will return to home country, so this case is not an exception.
@Naturgrl - You mentioned, “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.” Please note, the OP has clearly said they have established business in India with employees, so it's not a company created for the purpose of intra-company tranfer. Don't just assume things and misinterpret IRCC guidelines. If someone has a company in home country and are opening a Canadian subsidary, then obviously they don't need to prove revenue or employees in Canada. They need to have a solid business plan and prospective clients. If you have any doubts read the link shared by Scylla and read how startups are evaluated.
@sarah77 - Firstly, speak with your lawyer and see what they have to say. If you still need help from the forum, please clearly put all the details about your application category and what all supporting documents you submitted and if possible copy and paste your rejection letter text after removing your personal information. I am sure people with startup ICT WP experience will be able to help you. Most importantly, go through the link shared by @scylla and make sure you address each and every point relevant for startup companies while reapplying.
Unlike what some biased people might say, it's very much possible to get WP via ICT for a startup stage company like yourself. It takes longer and you have to prove your case very strongly. Finally, it's a totally legitimate way to get WP unlike what @sb22651 @Naturgrl or @Copingwithlife might suggest.
Ok, so if it can be done the route you’re suggesting, and you’ve been refused already , I may note , what’s your next steps ?
OP needs to strengthen the application per the guidelines I quoted above and reapply.
@Copingwithlife - I am not the OP and I have not been refused WP. As mentioned in my comment, OP should seek further guidance from their lawyer and address all the points relevant for startups as hightlighted by @scylla with solid documentation.
For the ICT program the level of establishment in Canada is a factor and who is applying for the ICT is a major factor in approval. The owner operator is applying to transfer themselves to Canada to set-up a business. If the ICT was for a manager in their company (out of the current Indian employees not the owner) who was applying for ICT and there were some staff already hired in Canada to support the manager being transferred from India the chances of approval would likely be much higher. In general setting up a Canadian office in order for the business owner to transfer themselves to Canada is seen as a way to circumvent the start-up visa process.
@canuck78 - I beg to disagree with you, as you are assuming the sole intention of the OP is to immigrate and not expand their business in Canada. The OP has clearly stated she has 8-9 employees in India and is looking to establish Canadian operations for which she has also taken office space.
Startup Visa is just one of the many ways for startups and companies to expand their operations in Canada. It's not the only way to expand business in Canada and get WP for the same. So there is no circumventing of any immigration system by applying for ICT WP for an owner who is also a key business manager.
However, I do agree with you that the threshold for an owner-cum-manager is much higher and needs to be supported with strong business plan, potential clients, existing clients, proof that the owner is necessary to establish and grow the business in Canada.
But it's not a way to circumvent any Canadian immigration system! On the contrary, it's a very legitimate way for genuine businesses to establish their Canadian operations. I personally know many business owners who have successfully gone down this route and one of them even went on to raise a significant venture round and is a very successful startup.
I am seeing a trend where some senior members are assuming everyone is trying to cheat or circumvent the system. Unfortunately, the Canadian immigration system has many programs that overlap and yet have different criterias. So it's not necessary that there is only one way to do things. And IRCC agents are not always right or one rejection does not necessarily mean that the applicant is cheating the system.
ICT is not the proper way for an owner to open a new office in Canada. If an owner has been approved for an ICT recently without an established Canadian office with other employees than an error was made. There is a start-up program for exactly this purpose.
@canuck78 - can you please share the source for such a claim? It's like saying Express Entry is the only proper way for professionals to immigrate to Canada.
ICT has a sub-category for startups and there are different set of rules and guidelines on how the startups and their owners are judged in that. Every company is not ideal for startup visa. Hence there are multiple ways for business owners to establish Canadian office and obtain WP or PR accordingly. And ICT WP is just one of the many legitimate ways of doing it.
There are many categories of immigration. ICT for start-up is still not for the owner of a new business in Canada to start a business in Canada that has no Canadian employees. ICT is not for owners to establish businesses and use the work experience to then get PR.
Hello Sarah77, just checking if you were able to get the approval post resubmissions!