My ICT application is refused
 

Re: My ICT application is refused
 

Sorry to hear this.

more info is needed to try and help. What’s the job? Which category did you apply under? What is the relationship between you and the company? And what evidence did you provide that you would return to India?

Re: My ICT application is refused
 

I am the proprietor of a Graphic and Website designing company in India which is running since over 14 years now. My lawyer had applied for a Managerial Level in Canada. I opened a Incorporation in Canada too. Is there something I can do to re apply. I applied under Intra Company transfer

Re: My ICT application is refused
 

So are you saying that you own the company and are moving to open up a Canadian branch? How many other employees do you have?

Re: My ICT application is refused
 

I have 10 employees in India

Re: My ICT application is refused
 

And in Canada? The company must be already doing business in Canada to qualify, is that the case?

Re: My ICT application is refused
 

My lawyer in Toronto asked me to form a company in Canada and I did that . I have no employees in Canada as yet as I haven’t started operations as yet . I thought if I got transferred then I would start the operations

Re: My ICT application is refused
 

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.

Duration of work permits

• Initial work permit: one year

https://www.canada.ca/en/immigration...-code-c12.html

https://www.canada.ca/en/immigration...ansferees.html

Re: My ICT application is refused
 

What exactly did your lawyer supply? Proof of premises/funds/business plan showing you'll be employing Canadians, etc? From what you've said, it sounds as though IRCC think you're applying as a transfer rather than starting up a new Canadian branch. The section you've been refused under says -

"The Canadian and foreign enterprises must be legal entities that have a parent, subsidiary, branch or affiliate business relationship. Both the Canadian and foreign companies must be, or will be doing business. Doing business means regularly, systematically, and continuously providing goods and/or services by a parent, branch, subsidiary, or affiliate in Canada and the foreign country, as the case may be. It does not include the mere presence of an agent or office in Canada. 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. Evidence of the fact that a company is actively doing business such as annual reports (for public companies), articles of incorporation, profit/loss statements, partnership agreements, license to do business, business tax returns and registration with Canada Customs and Revenue Agency as an employer, may be useful. "

So sounds to me as though your application didn't show that you will be starting a Canadian branch, or give evidence of that?

Re: My ICT application is refused
 

My lawyer made a business plan and it stated that we are opening a branch. I already formed a company in Canada in Oct, 2020 but sitting in India how can I run the operations or even open an account or file returns without being present. I’m confused. Please help if you can with a solution

Re: My ICT application is refused
 

My company in Canada is a start up but the parent company is 14 years old . So what was the basis or refusing as all documents and business plan was submitted and also business plan included the projections . I even took an office space as without that I couldn’t Form an Incorporation . If you could please help with a solution it will be great as the lawyer took a lot money to do this program for me .

Re: My ICT application is refused
 

What does your lawyer say about the refusal?

Re: My ICT application is refused
 

It was weekend so will speak this week as I got the refusal on Saturday

Re: My ICT application is refused
 

https://www.google.co.in/amp/s/www.c...91775.html/amp

this doesn’t mention of having existing employees

Re: My ICT application is refused
 

It was probably refused because the 'Canada company' is not already in operation if you are just starting it up - an intra company transfer is used for established companies transferring key workers from one jurisdiction to another (i.e. from another country to the branch in Canada), generally. BC doesn't require you to have premises to incorporate, by the way.

I sincerely hope that the lawyer you have acting for you and advising you on your application for immigration status is an authorised immigration consultant or a lawyer in good standing - otherwise RCIC may not deal with them - do check, and if necessary file a complaint with the law society. https://www.canada.ca/en/immigration...uthorized.html

I'm surprised that the lawyer didn't suggest you applied through a 'start up' visa application, an entrepreneur self employed route or one of the IT Provincial programs.
https://www.canada.ca/en/immigration...tart-visa.html
https://www.canada.ca/en/services/bu...epreneurs.html
https://www.ontario.ca/page/oinp-tech-draws#section-2
https://www.welcomebc.ca/Immigrate-t...ech-Pilot.aspx

Web designers and graphic designers are on many of the Provincial lists for nomination.. :)