How to Bring Your Key Employees to Canada
Bringing Your Business to Canada
Intra Company Transfer to Canada
Intra-company Transferee Applications typically take 4-9 months.
The intra-company transferee program is designed for employees of a parent company, branch, subsidiary, or affiliate in Canada. Workers who are transferred to the Canadian location can apply for a Work Permit through this program. Employers who bring workers to Canada through this program are exempt from LMIA requirements.
In general, the employee applying for the work permit must have:
Worked for the foreign company for at least one year of a full-time basis
Held a specialized knowledge position or a senior or managerial position
Have been offered a position with a Canadian branch, affiliate, or subsidiary/parent of the foreign company
Intra Company Transfer to Canada Requirements
Foreign workers must fall into one of three categories to be eligible for the intra-company transferee program:
Executives: primarily direct the management of the enterprise and receive only general (if any) supervision from higher-level executives.
Senior managers: manage all or part of the enterprise and supervise or control the work of other managers or professional employees.
Workers with ‘specialized knowledge’: can demonstrate specialized knowledge of the enterprise’s product or service, or an advanced level of expertise in the enterprise’s processes and procedures.
Intra company Transferee Requirements for Employers
The company must secure physical premises to house the Canadian operation → In specific cases involving senior managers or executives, it’s acceptable that the address of the new start-up not yet be secured
The company must furnish realistic plans to staff the new operation
The company must have the financial ability to operate 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.
Documents Required for Intra Company Transfer to Canada
Confirmation that the foreign national is currently employed by a multi-national enterprise outside Canada, and seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise in Canada; → E.g. Employee work experience letter, employee payslips, business incorporation information, an employee job offer for the Canadian location, etc.
Confirmation that the foreign national has been employed (via payroll or by contract) continuously (full-time) by the enterprise outside Canada, in a similar full-time position, for at least one year within the three-year period immediately preceding the date of initial application; → E.g. Employment contract, payroll documentation, etc.
An outline of the applicant’s position in an executive or managerial capacity or one involving specialized knowledge (i.e. position, title, place in the organization, job description); → This can be a description of the position and it should explain what the employee’s main functions are at the Canadian location
In the case of “specialized knowledge”, evidence that the person has such knowledge and that the position in Canada requires such knowledge;
Outline of the position in Canada (namely, position, title, place in the organization, job description);
Indication of intended duration of stay; and
Description of the relationship between the enterprise in Canada and the enterprise in the foreign country (the officer may request tangible proof to establish the relationship between the Canadian and foreign organization wishing to make the transfer).
Intra Company Transfer Canada to PR
IRCC states that work permits granted under the intra company transfer program are typically for a one-year duration. However, these work permits may be renewed. Further, intra company transferees are often eligible to apply for Permanent Residency after working in Canada for one or more years. The Express Entry system manages a program called the Canadian Experience Class, which requires applicants to have one year of Canadian work experience in a management, professional, or technical position (i.e. NOC 0, A, or B).
Calver and Associates is a leading provider of Canadian Immigration services in Durham Region. We serve clients in Oshawa, Whitby, Ajax, and beyond. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law and over four years of experience serving those in the Oshawa area.
We can provide assistance with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.