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refuse for Intra company transfer

Mohsin@0643

Full Member
Aug 20, 2019
20
0
Hello Recently i recived letter of refuse from canada cic.

The main two reason they mention.
refusing your application on the following grounds

1.
You have not demonstrated that you come within the exceptions under section 186 of the
IRPR exempting you from the requirement to obtain a work permit or that your employment in
Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of
employment must be the subject of an economic effect determination before a work permit can be
issued to you. Your employer in Canada should contact the local office of the Department of
Employment and Social Development Canada to begin this process.
2
• You have not provided financial statements for the company and evidence of banking
arrangements. I am not satisfied you have the financial resources to operate this company. Not
satisfied that the company is large enough to support executive position.
 

Qwertypod

Hero Member
Jan 28, 2019
817
272
Hello Recently i recived letter of refuse from canada cic.

The main two reason they mention.
refusing your application on the following grounds

1.
You have not demonstrated that you come within the exceptions under section 186 of the
IRPR exempting you from the requirement to obtain a work permit or that your employment in
Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of
employment must be the subject of an economic effect determination before a work permit can be
issued to you. Your employer in Canada should contact the local office of the Department of
Employment and Social Development Canada to begin this process.
2
• You have not provided financial statements for the company and evidence of banking
arrangements. I am not satisfied you have the financial resources to operate this company. Not
satisfied that the company is large enough to support executive position.
What is your question?
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
Seems maybe they are not convinced about the company sponsoring this ICT is of sufficient size to warrant an ICT for an executive position. Personal view but seems maybe they need more convincing the company has an established financial business record and resources to support an executive position from outside Canada.

Maybe share exactly how you expected this ICT to work , size of company and your proposed role. Is it some sort of startup ?
 

Mohsin@0643

Full Member
Aug 20, 2019
20
0
Seems maybe they are not convinced about the company sponsoring this ICT is of sufficient size to warrant an ICT for an executive position. Personal view but seems maybe they need more convincing the company has an established financial business record and resources to support an executive position from outside Canada.

Maybe share exactly how you expected this ICT to work , size of company and your proposed role. Is it some sort of startup ?
Hello Its Intra company Transfer.
We have in indian company its waxdale infotech india private ltd and in canada Its Waxdale ecosyteme inc. I am cto of waxdale ecosyeteme inc and i am also company director in waxdale ecosysteme inc.

And my employer hire one of reputed canadian lawyer firm, Can i assume this is mistake in documentataion? Or wrong way present file?
 

scylla

VIP Member
Jun 8, 2010
93,013
20,582
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
Hello Its Intra company Transfer.
We have in indian company its waxdale infotech india private ltd and in canada Its Waxdale ecosyteme inc. I am cto of waxdale ecosyeteme inc and i am also company director in waxdale ecosysteme inc.

And my employer hire one of reputed canadian lawyer firm, Can i assume this is mistake in documentataion? Or wrong way present file?
How many employees does the company have in Canada?
 

scylla

VIP Member
Jun 8, 2010
93,013
20,582
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
Mainyin canada there is 3 people. and in india we have 5 people.
OK- so that's the problem. Your company is tiny. As said in the refusal letter, your company is not big enough to justify an executive role. There is no point reapplying for the ICT - you don't qualify. If you want to work in Canada, your company will need to obtain an approved LMIA.
 

Mohsin@0643

Full Member
Aug 20, 2019
20
0
OK- so that's the problem. Your company is tiny. As said in the refusal letter, your company is not big enough to justify an executive role. There is no point reapplying for the ICT - you don't qualify. If you want to work in Canada, your company will need to obtain an approved LMIA.
So my company will eligible in LMIA process?
Can get LMIA Positive from this small company?
 

scylla

VIP Member
Jun 8, 2010
93,013
20,582
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
So my company will eligible in LMIA process?
Can get LMIA Positive from this small company?
Your compay can certainly try applying. It's really impossible for any of us to say if the LMIA will be approved. Make sure your company follows the LMIA application details exactly - including the advertising requirement.
 

Mohsin@0643

Full Member
Aug 20, 2019
20
0
Your compay can certainly try applying. It's really impossible for any of us to say if the LMIA will be approved. Make sure your company follows the LMIA application details exactly - including the advertising requirement.
Thank you for you give right direction.

so I assume that the employer need to try for LMIA, Once LMIA approved then i need to reaply using LMAI.
 

Mohsin@0643

Full Member
Aug 20, 2019
20
0
Your compay can certainly try applying. It's really impossible for any of us to say if the LMIA will be approved. Make sure your company follows the LMIA application details exactly - including the advertising requirement.
I just need to know that .Small company can eligible for LMAI? Like 3 employes company can eligible?
 

scylla

VIP Member
Jun 8, 2010
93,013
20,582
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
I just need to know that .Small company can eligible for LMAI? Like 3 employes company can eligible?
Any company is eligible to apply for an LMIA. Whether the LMIA will be approved is an entirely different matter.
 

Mohsin@0643

Full Member
Aug 20, 2019
20
0
Any company is eligible to apply for an LMIA. Whether the LMIA will be approved is an entirely different matter.
What is Basic requermentsfor LMIA? Like How old company? How much Financial healty ? I am very frusted becase i have already lawyer and he made this mistake.
 

scylla

VIP Member
Jun 8, 2010
93,013
20,582
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