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Intra-Company Transfer

Foreign businesses with a parent company, branch, subsidiary, or affiliate in Canada have the option to bring key personnel to Canada through an Intra Company Transfer.

Work permits acquired through this program are exempt from the requirement to obtain an LMIA. Although LMIA-exempt, workers and employers who utilize the Intra-Company Transfer program must comply with all provisions governing temporary work in Canada, including obtaining a Temporary Resident Visa, if applicable. In three years immediately preceding the date of the initial application, transferees must have been employed with the foreign enterprise continuously for at least one year, in a full-time position like the position they will be occupying at the Canadian business. The Canadian business will also have to demonstrate a qualifying relationship with its foreign counterpart.

Work in Canada must fall under one of three following functions:

Executive or Senior Managers Executive

A senior manager is responsible for directing the overall efficiency of business operations. Senior managers monitor the performance of the staff, improve operational strategies, identify business opportunities, allocate budgets and resources, present reports to senior management, set goals to drive results on increasing the company’s revenues and profitability.

Functional Manager

A functional manager oversees a particular functional area of an organization, such as a department or team. They’re responsible for managing, owning and providing the resources for projects. However, their involvement with projects varies based on the company’s organizational structure. Functional managers balance planning and direction to ensure team members have the resources they need and are able to complete their tasks on time.

Specialized Knowledge

Specialists are employees who are responsible for specific tasks or activities in the department they are assigned to. The actions or tasks they work on are related to their educational background, work experiences and advanced level of expertise. They are usually highly skilled in specializations related to the work they are assigned to. Specialists are also highly trained on the competencies that are required of their specialty.

More about Intra-company transfer

In addition, when applying for an intra-company transfer visa, applicants must demonstrate their company’s ability to become established in Canada. Foreign businesses wishing to establish a Canadian enterprise may use the Intra-Company Transfer program. It helps them to bring critical workers to the country for start-up operations.

Applicants must demonstrate their company’s ability to become established in Canada, which includes:

  • Evidence that the company can financially support the start-up costs of the operation and can compensate employees.
  • Preparing a business plan that outlines realistic plans for staffing the new operation and doing business in Canada.
  • Evidence that physical premises have been secured (or are in the process of being secured). The program provides a one-year temporary work permit. It may be renewed if the companies have maintained a qualifying relationship and actively do business. The new Canadian operations must also have been staffed.

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