Under the Intra Company Transfer program, a foreign business can transfer key talents from their offices abroad to their branch, subsidiary, affiliate or any parent company located within Canada.
Work permits are issued to the key employees who are transferred under this program. The employer is not required to apply for or obtain the Labour Market Impact Assessment (LMIA).
All other legal requirements for temporary work in Canada need to successfully comply with the temporary resident requirements including a temporary resident visa.
Who is eligible?
- The transferee must have been employed full-time with the foreign company for a minimum of one year
- The transferee must be offered to be placed in the Canadian office of the foreign company
- The transferee must hold either of the three positions:
- Executive-responsible for managing the enterprise on a direct basis or managing a major vertical of the company
- Specialised knowledge – responsible for demonstrating specialized knowledge of the company’s service or products or the company’s processes
- Managerial – responsible for managing a part of the company and leading a team of managers or professionals
The Canadian business office needs to demonstrate the qualifying relationship between the employee and the foreign business for successfully obtaining the work permit.
Any foreign business can start-up a Canadian subsidiary, affiliate or branch using the Intra-Company transfer program. By bringing their highly specialized employees to Canada, they can ensure faster and efficient establishment of business operations.
Foreign businesses willing to establish a Canadian enterprise may use the Intra-Company Transfer program to bring critical workers to the country for their start-up operations. For more information on this option, please click here.
We can Help
The well-informed immigration lawyers and consultants at Nanda & Associate Lawyers will assist you in all matters regarding intracompany transfers. Connect with us today to determine if your business is eligible to use this program and bring in your key employees to Canada. We will impart sound legal advice to help you on the path to a better and safer future for you and your business.