Success Stories: Lessons from an ICT Reapplication and a Spousal Work Permit Approval

We truly are committed to delivering honest, tailored, and effective immigration solutions for our clients. Every immigration journey comes with its own set of challenges, and we take pride in helping our clients overcome those obstacles to achieve their dreams.

In this article, we share two detailed success stories that highlight our strategic approach, meticulous preparation, and unwavering dedication to client success.

Case 1: Reapplying for an Intra-Company Transfer (Treaty-Based ICT)

The Challenge:

Our first client was a US citizen whose initial Intra-Company Transfer (ICT) application had been refused. This was not just a simple refusal; it stemmed from significant weaknesses in the original submission, which failed to adequately address key elements required by Immigration, Refugees and Citizenship Canada (IRCC).

The client’s business, an innovative e-commerce company that also manufactured its own products, had a strong presence in the United States and active establishments in Europe and the UAE. However, the original application did not sufficiently demonstrate the company’s success or the operational importance of the global branches. Without robust evidence of the company’s business activities and the necessity of transferring the applicant to Canada, the case fell short of IRCC’s expectations.

The client approached Blacksy seeking guidance on how to turn things around.

Our Strategy:

We began by conducting an in-depth interview with the client to understand the company’s operations, the reasons for the transfer, and the specific details that were missing from the first application. After identifying the weaknesses, we developed a comprehensive reapplication strategy.

1. Highlighting the US Company’s Success:

• We presented a detailed narrative supported by evidence of the company’s growth trajectory, market share, and revenue figures.

• The application included financial statements, client testimonials, and proof of innovative product development to establish the company as a leader in its industry.

2. Proving the Global Activity of the Company:

• Since the company had active branches in Europe and the UAE, we gathered extensive documentation to prove the functionality and success of these locations.

• This included operational reports, tax filings, staffing information, and examples of cross-border collaboration between the branches.

3. Strengthening the Case for the Transfer:

• We demonstrated the strategic necessity of transferring the applicant to Canada by linking their unique expertise to the company’s planned expansion in North America.

• Letters of support from key stakeholders and detailed job descriptions were submitted to show that the applicant’s presence in Canada was critical to the business’s growth.

4. Submitting a Robust Application Package:

• We left no room for ambiguity, ensuring that all supporting documents were organized and presented in a clear, concise, and professional manner.

• The application was accompanied by a persuasive legal submission letter, which addressed the previous refusal and outlined the new evidence that justified an approval.

The Outcome:

The reapplication was a success. IRCC approved the client’s ICT application, recognizing the company’s substantial international presence and the applicant’s critical role in its Canadian expansion. The client is now in Canada, working to establish a stronger foothold for the company in the North American market.

This case highlights the importance of a thorough review and strategic planning in overcoming a refusal. At Blacksy, we pride ourselves on turning challenges into opportunities for our clients.

Case 2: Spousal Open Work Permit Approval

The Challenge:

Our second client faced a different but equally complex issue. The client’s spouse was already working in Canada on an LMIA-based work permit under a TEER 2 occupation, making the spouse eligible to apply for an open work permit (OWP). However, the couple had only recently gotten married, which raised concerns about the genuineness of their relationship—a factor that IRCC has been scrutinizing more rigorously throughout the last year (which is now a quite popular subject raised by many of my immigration lawyer/consultant colleagues).

Although their relationship had started years earlier, the recency of their marriage posed a potential hurdle. The spouse’s LMIA and job in Canada were not in question; instead, the challenge lay in convincing IRCC of the authenticity of their relationship.

Our Strategy:

Recognizing the sensitivity of this case, we crafted a meticulous application that addressed every potential concern.

1. Building a Strong Narrative of the Relationship:

• We detailed the couple’s relationship history, starting from when they first met to their decision to marry.

• Milestones such as vacations together, family introductions, and joint decisions about their future were highlighted to provide context.

2. Providing Extensive Evidence:

We submitted a range of documents to substantiate the genuineness of their relationship, including:

• Photographs from various events and trips spanning several years.

• Text messages, emails, and call logs demonstrating regular communication.

• Joint financial documents, such as a shared bank account and lease agreements.

• Testimonies from family and friends confirming their relationship.

3. Demonstrating the Spouse’s Eligibility:

• We provided proof of the spouse’s TEER 2 occupation and LMIA approval, along with their active employment in Canada.

• This ensured there was no ambiguity about the applicant’s eligibility for an open work permit.

4. Anticipating IRCC’s Concerns:

• Given the recent marriage, we proactively addressed the possibility of suspicion regarding a marriage of convenience.

• Our submission letter emphasized the length and depth of the relationship prior to the marriage, providing a logical and compelling explanation for the timing of their application.

The Outcome:

After a two-month processing period, the open work permit was approved. The client has now reunited with their spouse in Canada and has started working, allowing the couple to build their life together.

This case underscores the importance of addressing IRCC’s concerns proactively and submitting a well-documented application to avoid unnecessary delays or refusals.

What Sets Blacksy Apart:

1. Attention to Detail: Every case is unique, and we take the time to understand our clients’ needs and circumstances fully.

2. Tailored Strategies: We don’t believe in a one-size-fits-all approach. Instead, we craft customized solutions for each client.

3. Comprehensive Preparation: From gathering evidence to drafting persuasive legal arguments, we leave no stone unturned in building a strong case.

4. Client-Centric Approach: We prioritize clear communication and work closely with our clients at every step of the process.

If you are facing immigration challenges or need expert guidance to navigate Canada’s complex immigration system, Blacksy Immigration Law Firm is here to help. Contact us today to turn your immigration goals into reality.

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About the Author

I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 

At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.

Whether you’re expanding your business to Canada, transferring top talent, or planning your future here, we’re here to guide you with precision, transparency, and care.

Visit us at www.blacksyimmigration.com to learn more or to start your journey.