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R205(a) LMIA Exempt Intra-company transferees Spec

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sbadlani View Drop Down
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Joined: 28 Jan 2018
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    Posted: 28 Jan 2018 at 8:12pm
Hello All, I have filled out the Express Entry Profile and have also received Ontario PT of Interest Letter.

I am employed in USA for Toyota Boshoku America Inc. They filed the Intra-Company Transferee R205(A) Exemption Code C12 for me to go work at our Canadian Plant in Ontario (Toyota Boshoku Canada Inc).

While filling out the Express Entry Profile - Under "Intended Work in Ontario" Do I need to fill it out the following way? Could someone please help me confirm that my answers are correct?

I appreciate your help very much! 

_________________________________________________________________________________
The offer must:
  • be for full-time and for at least one year
  • meet different requirements depending on type of job (i.e. some need apprenticeships and certification) and
  • be non-seasonal for Federal Skilled Workers.
My Answer: Yes
(Technically I am employed and paid from the American Branch. But, I have a Canada "Work Permit" Document with the Employer Name Toyota Boshoku Canada Inc on it so I assume I have an offer from the Canadian Plant. Is this correct?)


Information about the job offer
Is this job offer for work that is:
  • full-time
  • continuous and
  • for at least one year?
My Answer: Yes
(Work Permit is valid for 3 years so I think the answer to this is Yes?)


Employer or company name (required) Help - Employer or company name
My Answer: Toyota Boshoku Canada Inc. 
(This is what is on my Work Permit Document Under Employer Name even though technically my Employer is Toyota Boshoku America Inc. and that's the entity that pays me)

Information about the Labour Market Impact Assessment

Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada? (required) Help - Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada?
My Answer: No
(Intra Company Transferee R205A Exemption Code C12 seems to be exempt from LMIA)


Is John Doe currently working in Canada? (required)
My Answer: Yes

(I have a work permit Intra Company Transferee R205A Exemption Code C12 so I think the answer is Yes?)

Does John Doe have a valid work permit for the current job in Canada? (required) Help - Does John Doe have a valid work permit for the current job in Canada?
My Answer: Yes
(I have a work permit Intra Company Transferee R205A Exemption Code C12 so I think the answer is Yes?)

Is John Doe's job offer from the employer named on the current work permit? (required)
My Answer: Yes

(I have a work permit Intra Company Transferee R205A Exemption Code C12 with the Canadian Company stated in the Employer Name on it so I think the answer is Yes?)

Has John Doe been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?) (required) Help - Has John Doe been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)
My Answer: No 
Because I got the Work Permit in Aug 2017 so technically it hasn't been a year yet.
However, I have been working for the American Employer for more than 3 years now.
But, the answer should still be No. Correct?


Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit? (required) Help - Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit?
My Answer: My Work Permit is exempt from an LMIA for other reasons and is Employer Specific

Thank you very much for this help!!! :)
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colin View Drop Down
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Joined: 29 Nov 2009
Location: Canada
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Post Options Post Options   Thanks (0) Thanks(0)   Quote colin Quote  Post ReplyReply Direct Link To This Post Posted: 26 Feb 2018 at 9:19pm
You are best to hire the services of a lawyer to help you.  We can help:

http://www.immigration.ca/immigration-telephone-consultation/

Colin Singer, Canada Immigration Lawyer & Managing Partner, immigration.ca
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