Canada features a program called the International Mobility Program that permits high-skilled foreign workers to temporarily work in Canada as an Intra-Company Transferee.
If an international company features a location within Canada that company can apply to possess any of their employees transferred to the Canada location.
Applying for an Intra-Company Transfer visa allows the company and employee to avoid applying for an LMIA since this is often an LMIA-exempt working paper.
Qualified intra-company transferees require work permits and are exempted from the Labour Market Impact Assessment (LMIA) as they supply significant economic benefits to Canada through the transfer of their expertise to Canadian businesses.
Requirements for International Mobility Program: Intra Company Transfer
There are several requirements the international company and employee must meet so as to be qualified for a work permit.
General Requirements
The following are the overall requirements to qualify for an Intra Company Transfer:
- you’re currently employed by an international company and seeking entry to Canada into a parent, subsidiary, branch, or affiliate of that company.
- you’re transferring to a corporation that features a qualifying relationship (see below) and will be undertaking employment at a legitimate and continuing establishment of that company
- you’re being transferred to an office in an executive, senior managerial, or specialized knowledge capacity.
- you’ve been employed continuously (proved through payroll or other forms) by the corporation that plans to transfer them outside Canada during a similar full-time position for a minimum of one year within the three-year period immediately preceding the date of initial application.
- you’re coming to Canada for a short-lived period only.
- You match all the immigration requirements for temporary entry
Company Requirements for Intra Company Transfer
- Generally, the corporation must secure physical premises to deal with the Canadian operation, particularly within the case of specialised knowledge. However, in specific cases involving senior managers or executives, it might be acceptable that the address of the new start-up not yet be secured; for instance, the corporation may use its counsel’s address until the executive can buy or lease a premise.
- The corporation must furnish realistic plans to staff the new operation.
- The corporation must have the financial ability to commence business in Canada and compensate employees.
- When transferring executives or managers, the corporate must demonstrate that it’ll be large enough to support executive or management functions.
- When transferring a specialized knowledge worker, the corporate must: demonstrate that it’s expected to be doing business; make sure that work is guided and directed by management at the Canadian operation.
Required Documents for ITC Canada
The following documentation is required:
- confirmation that the foreign national is currently employed by a multi-national enterprise outside Canada, and seeking entry to figure during a parent, subsidiary, branch, or affiliate of that enterprise in Canada.
- confirmation that the foreign national has been employed (via payroll or by contract) continuously (full-time, not accumulated part-time) by the enterprise outside Canada, during a similar full-time position, for a minimum of one year within the three-year period immediately preceding the date of initial application;
- outline of the applicant’s position in an executive or managerial capacity or one involving specialized knowledge (i.e. position, title, place within the organization, job description);
- within the case of “specialized knowledge”, evidence that the person has such knowledge which the position in Canada requires such knowledge;
- outline of the position in Canada (namely, position, title, place within the organization, job description);
- indication of intended duration of stay; and
- description of the connection between the enterprise in Canada and the enterprise within the foreign country (the officer may request tangible proof to determine the connection between the Canadian and foreign organization wishing to form the transfer).
Processing Time for Intra-Company Transfers to Canada
The average time for the Intra-Company Transfer is 2 to 10 weeks but there are processing options that are of utmost priority. Those that are qualified for the 2-week time interval will get the Intra-Company Transfer visa within 2 weeks. This priority processing option is for visa-exempt countries (biometrics processing isn’t included in these 2 weeks).
How Long is that the Intra-Company Transfer Visa Valid?
The Intra-Company Transfer working papers are valid for one year. If you would like to renew the working papers through Intra-Company Transfer you want to provide proof that:
- The Canadian and foreign companies still have a qualifying relationship
- The new office has engaged within the continuous provisions of products or services for the past year
- The new office has been staffed.
