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Intra-Company Transfers

Are you planning to transfer your current foreign executive or, senior manager or any specialized employee to your operational facility in Canada from your foreign office? If yes, then this is commonly referred to as an intra-company transfer. It omits the participation of the ESDC and the need for an LMIA.

The intra-company category permits international companies to temporarily transfer qualified employees to Canada for the purpose of improving management effectiveness, expanding Canadian exports, and enhancing competitiveness in overseas markets.

The entry of intra-company transferees is guided by the Immigration and Refugee Protection Regulations and the general provisions of this section, and is supplemented by provisions contained in international trade agreements for citizens of signatory countries.

General Requirements

The following are the General Requirements to qualify for an Intra Company Transfer:

  •       You are currently employed by an international company and seeking entry to Canada in a parent, subsidiary, branch, or an affiliate of that company.
  •       You are transferring to a company that has a qualifying relationship (see below) and will be undertaking employment at a legitimate and continuing establishment of that company
  •       You are being transferred to a position in an executive, senior managerial or specialized knowledge capacity.
  •       You have been employed continuously (proved through payroll or other form) by the company that plans to transfer them outside Canada in a similar full-time position for at least one year in the three-year period immediately preceding the date of initial application.
  •       You are coming to Canada for a temporary period only.
  •       You comply with all the immigration requirements for temporary entry

Company Requirements for Intra Company Transfer

Generally, the company must secure physical premises to house the Canadian operation, particularly in the case of specialized knowledge. However, in specific cases involving senior managers or executives, it would be acceptable that the address of the new start-up not yet be secured; for example, the company may use its counsel’s address until the executive can purchase or lease a premise.

  •       The company must furnish realistic plans to staff the new operation.
  •       The company must have the financial ability to commence business 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.

Durations of Intra-Company Transfers to Canada

  •       Initial work permit: one year

For renewals, evidence should be provided that:

  •       the Canadian and foreign companies still have a qualifying relationship;
  •       the new office has engaged in the continuous provision of goods or services for the past year;
  •       the new office has been staffed.

Have Doubts On Intra-Company Transfers To Canada? Don’t Hesitate to contact us!

Intra-company transfers are essential for any business because it can help it grow and retain top talent. A lot of efforts, pressure and thought goes down in order to choose the right kind of people who can efficiently handle and manage these growing opportunities.

Let us handle your case so that you can easily glide through the entire process of moving your best executives, managers and specialized workers to your Canadian branch.

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