Overview

Every year Canada receives many applications from applicants looking to relocate and work in Canada. Some of these applications fall under the Temporary Foreign Worker (TFW) process, while others apply under the International Mobility Program (IMP).

One of the categories under the IMP is the Intra-Company Transfer stream. Candidates looking to apply under the Intra-Company Transfer program can apply without the requirement of a Labour Market Impact Assessment (LMIA). The LMIA-exemption is granted due to the “significant economic benefit” that Canada will receive. Without the need for an LMIA, the process can become more straightforward and less time consuming.

The Intra-Company Transferee option allows international companies to temporarily relocate skilled personnel to Canada with the goal of boosting managerial efficiency, expanding Canadian exports, and strengthening competitiveness in global markets.

Both the employee and the company are required to meet several requirements to qualify.

General Requirements for Applicants

Intra-company transferees are eligible to apply for LMIA-exempt work permits under the general provision if:

·         are currently employed by a parent company that operates a subsidiary, branch, or affiliate in Canada

·         employee has been employed continuously full-time (not accumulated part-time) for a period of at least one year in the three- year period immediately preceding the date of initial application

·         employee is being transferred to a position in one of the following categories: executive, senior manager, or worker with specialized knowledge

·         are coming to Canada for a temporary period only

·         comply with all immigration requirements for temporary entry

General Requirements for the Company

The foreign company and its Canadian counterpart must share one of the following relationships: parent company, subsidiary, branch, or affiliate. Both the entities must be conducting ongoing “active” business operations and providing goods and services.

Intra-Company Transfer Categories

Executives

To qualify as having an executive capacity, the role needs to fulfill specific criteria such as directing the management of the organization or a major component or function of the organization. Furthermore, the executive establishes the goals and policies of the organization and holds a large discretionary power of decision-making within the organization.

Senior Managers

Senior Managers are employees who oversee a department or function, supervising staff, making personnel decisions, and exercising discretion over daily operations. With relation to personal decisions, the responsibilities can include things like hiring, firing, and recommending personnel actions. Moreover, exercising discretion over daily operations and demonstrating seniority in organizational hierarchy or managed functions.

Workers with specialized knowledge

When applying under specialized knowledge, applicants must demonstrate that they possess a high standard of “specialized knowledge.” The worker must possess “knowledge at an advanced level of expertise” and “proprietary knowledge of the company’s product, service, research, equipment, techniques or management”.

Work Permit Duration

The initial work permit duration is one year but it is renewable. When renewing certain evidence should be provided including:

·         proof that the Canadian and foreign companies still have a qualifying relationship

·         proof that the new office has engaged in the continuous provision of goods or services for the past year

·         the new office has been staffed

Looking to apply?

If you are interested in the Intra-Company Transfer stream, feel free to reach out to our team at BGK Global Immigration. We would be glad to use our expertise to assist you with your application.