Intra-Company Transferees
transfer to Canada and gain valuable Canadian work experience.
If you are working for such a company, an intra-company transferee (ICT) work permit may be an excellent way to get a head-start on the road to permanent residency and citizenship.
The Intra-Company Transferee program allows you to gain Canadian work experience without having to obtain a Labour Market Impact Assessment (LMIA).
There are a number of eligibility requirements for both the business and the foreign worker.
Business Requirement
The employer also has to show there is a qualifying relationship between the Canadian and foreign entities.
The main requirement for the business is that there is a branch, parent company, subsidiary, or affiliate in Canada.
This may be complicated in some situations, such as corporate mergers. If the employee was working for a third party that was then added to the multinational corporation, they may not need to wait three years to transfer to the Canadian portion; as long as the company can show that the work being done is largely the same from before and after the merger, the employee may be transferred earlier.
Foreign Worker Requirement
You must have been employed for at least one of the three years prior to the application at the company.
There are 3 categories of workers who qualify
Executives
Executives direct major parts of the business, including goals, large-scale strategies, and major decisions, with very limited oversight by others in the organization.
Managers
Managers supervise a portion of the business, which may include other managers and employees, and can choose who to hire, promote, and fire, and are closely involved in regular operations in the short term.
Employees with Specialized Knowledge
Specialized employees have narrow expertise in an important function of the organization, including but not limited to unique skills and experience with the company’s services, products, and procedures
What is Specialized Knowledge?
The latter category in particular excludes large numbers of people who may think they qualify for an ICT. An employee in a multinational restaurant chain cannot just be transferred to a Canadian franchise location, for example, as they do not have the “specialized” knowledge that the Canadian location is seeking
Instead, specialized knowledge is both unique and uncommon, and is held by a small number or small percentage of employees in the company. Specialized Knowledge workers must therefore demonstrate that they are key personnel, not just highly skilled.
Have a Question?
How We Can Help
Applying for under the intra-company transferee path for work permits must be done carefully. To ensure you have the highest chances of success, you must go above and beyond the minimum
requirements.
At Visa Path, our representatives are highly trained and experienced with these types of work permit applications. We can thoroughly guide you through the process to ensure the best possible chances of success.
Frequently Asked Questions
Do I need a positive LMIA to apply for this work permit?
The answer is no. This type of work permit is LMIA exempt, so the company does not have to go through an LMIA in order for the worker to transfer to the Canadian branch of the company.
If the employer wishes to bring any foreign national to be part of the staff in the branch located in Canada through this work permit application then they need to fulfill the requirement of an LMIA.
What type of position do I need to have within the company in order to qualify for this work permit?
There are three positions that qualify under this work permit route:
- Executives
- Senior managers, or managerial positions
- Workers with advanced and specialized knowledge in areas for the company
The workers must have at least one year of full time work experience within the parent company and demonstrate the capability of performing the duties mention above in the Canadian based location.
What is the duration of the intra company transfer work permit?
The timeframe given is ultimately up the immigration officer from Immigration, Refugee and Citizenship Canada. Depending on your situation, the position offered by the Canadian based company, demonstrate the importance of your position in the company, provide proof of your specialized knowledge and the company requirements, you may be granted a work permit for one year or longer.