According to news reports, Canada has a record number of job vacancies that need to be filled. In the second half of 2021, the Canadian market had 912,600 available jobs. Additionally, the Canadian corporate world is also dealing with a labour shortage. Currently, around 21.8% of Canadian people are between the ages of 55 to 64, which means they’re close to retirement, creating a huge gap in Canada’s employment demand and supply ratio. Another study also found that most Canadian employees prefer part-time work and aren’t interested in full-time jobs, adding to the labour shortage in Canada.
Therefore, it shouldn’t be surprising that Canadian companies have to resort to other methods to meet this labour shortage. One of the most common strategies these businesses opt for is hiring temporary or permanent skilled workers from other countries through the various immigration streams in Canada. Several organizations in Canada are considering hiring skilled workers through the Canadian intra-company transfer program.
But what is the intra-company transfer stream, and how does it work? This blog discusses the steps of intra-company transfers in Canada.
What is the Intra-Company Transfer Stream?
As the name suggests, the intra-company transfer stream allows international companies to transfer some of their skilled employees to Canada temporarily. Through this stream, talented workers can join the Canadian branch of an international company. This allows businesses to train their employees according to the Canadian market and let these skilled workers bridge the labour market shortage gap in Canada for some time.
Eligibility Requirements for the Transferees
Employees at different international companies can apply to be transferred to Canada. However, they have to meet certain eligibility requirements. Here’s a guide.
- Applicants need to be employed at a multinational company. Additionally, the Canadian company they want to be transferred to must be a branch, subsidiary, parent company, or affiliate of the international company they’re currently employed in.
- Individuals can only apply to be transferred to a Canadian company at the executive or senior management level. However, they can also apply for a role that requires specialized training or knowledge.
- The company they’re applying to should match the eligibility criteria of enterprises that qualify for the intra-company transfer stream.
- Applicants must be employed at their current company for at least 1 year. If they have taken breaks in between, their employment period should be equivalent to 1 year constantly out of the past 3 years. Additionally, they need to be a contractual employee working in full-time positions.
- The applicants should be able to prove that they’re coming to the country temporarily only and will return to their country of origin when their employment period at the Canadian branch ends. In most cases, the initial permit is granted for one year. However, the permit can be extended if the company provides evidence that they’re understaffed, the hired employee is benefiting the company significantly, and the branch in Canada still has corporate relationships with the multinational company.
- Individuals applying for this stream should meet all the requirements of the applicants for temporary visas to Canada. For instance, people with medical or criminal inadmissibility can’t enter Canada through the intra-company transfer stream.
Eligibility Requirements for the Companies
Besides having some eligibility requirements for the applicants, Canadian companies that want to hire foreign workers also should meet the eligibility criteria. Check out these requirements.
- Companies that want to hire Transferees need a physical premise, especially if they work in a specialized domain. However, if a new start-up in Canada wants to hire for executive positions through the intra-company transfer program, they might be considered as a specific case and be eligible for the intra-company transfer stream.
- The applicant company needs to show a realistic plan to manage the newly-hired transferees when they start working in Canada. Additionally, the business should have enough revenue to compensate the employees hired through this stream. Businesses that are struggling financially rarely are eligible for the intra-company transfer pathway.
- If the company is hiring someone for an executive or managerial role, it must show that its operations are extensive enough to require a manager or senior executive. Additionally, if they want to hire someone for a specialized position, they need to demonstrate that the specialist will play a critical role in the company’s operations and stick to any guidelines set by Canadian Authorities.
Steps to Apply for the Intra-Company Transfer Stream
Once you have ensured that your company meets the eligibility requirements of the intra-company transfer stream in Canada, you need to follow certain steps to apply for the pathway. Here’s how companies can hire foreign workers through the stream.
Step # 1 — Register Your Company
If your company isn’t registered in Canada, you need to get it registered ASAP. Fortunately, the Canadian Government doesn’t have a maximum duration for companies eligible to apply for this stream. Therefore, if your company is financially sound, it doesn’t matter if it was launched a couple of months ago in Canada. If you already have another company in your country of origin, ensure the Canadian company is registered as a branch or subsidiary of your multinational company. However, if this isn’t the case, it’s advisable to reach out to other foreign companies and ask them to build a beneficial corporate relationship to both parties.
Step # 2 — Create a Business Plan
Once your company is registered in Canada and affiliated with an international business, you need to create a business plan immediately. The business plan needs to cover the following points.
- Mention the domain your company wants to work in and how it will operate in Canada.
- Conduct market research and include the results in the business plan. The ideal market research needs to discuss the market gap, how your products or services can meet customers’ needs, existing competition, etc.
- Discuss your financial management in the business plan. If you have any investor or existing source of income, include that information. Also, mention how you plan to turn your company into a profitable business.
- Mention your hiring plan and cash flow projections for the upcoming 2-3 years.
- Include any industry guidelines your company follows, especially if you work in a specialized domain.
Step # 3 — Find Candidates and Gather the Documents
Once you have created a business plan, you need to proceed further by finding the ideal transferees for the intra-company transfer stream. Reach out to the company you’re affiliated with and temporarily offer their employees a chance to work in Canada. Once you have received some applications, you can review them to find the ideal candidates who meet your requirements and the eligibility criteria of the stream.
After this, it’s advisable to gather the required documents like bank statements and evidence of investment for the company and personal information, employment history, and letter of experience of the transferee. An immigration consultant will help you determine what documents you need to apply.
Step # 4 — Apply for the Work Permit
After gathering the required documents and selecting the transferee, you can apply for the stream online and wait for your application to be processed. The IRCC will view your application and determine if it will be accepted or rejected.
Want to Handle Intra-Company Transfers in Canada? Hire Immigration Lawyers
However, managing an intra-company transfer in Canada can be challenging due to the complicated and extensive process. Therefore, it’s advisable to hire immigration lawyers who can help you understand the eligibility requirements, match the eligibility criteria, gather the required documents, apply for the process, and answer any questions. At Nanda & Associate Lawyers, we have highly-experienced immigration lawyers who can handle intra-company transfers in Canada. With three branches in Mississauga, Brampton, and Toronto, our law firm’s immigration consultants can assist you in all matters related to intra-company transfers in Canada.
Our immigration lawyers can help you bring highly-specialized employees to Canada and even guide you about other streams to easily hire foreign workers in Canada. Additionally, our Canadian immigration lawyers provide legal guidance and representation to individuals who want to immigrate to Canada, change their visa status, prevent deportation, update their inadmissibility status, or sponsor a family member. Besides having a team of highly-experienced immigration lawyers, we also have personal injury lawyers who help the victims of accidents file financial compensation claims.
We also have commercial real estate lawyers in Ontario who make the buying, selling, and leasing commercial buildings easier. Our business lawyers handle the legal aspects of starting, expanding, and operating companies in Canada. Additionally, our family lawyers manage divorce, child custody, marital property division, child support, and alimony cases. We also have wills and estate lawyers who allow individuals to take important estate planning decisions at the right time. Our litigation lawyers handle civil litigation cases, providing timely guidance and legal representation.
Book a consultation session with our immigration lawyers and let them help you apply for intra-company transfers in Canada.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
