Intra Company Transferee

Intra Company Transferee

Are you an executive or senior manager of an international business, and want to come to Canada to work on your company’s behalf?

The Intra-Company Transferee Program allows International Companies to send executive or senior manager level employee to Canada and work for their Canadian parent, branch, subsidiary or affiliate.

If you qualify for the Intra-company transferee program, you will be eligible to apply for a work permit that is exempt from the strict requirements of a Labour Market Impact Assessment (LMIA).

Who can apply for a work permit under this program?

In order to be eligible to apply for a work permit under the Intra-company transferee program, you must meet the following requirements:

Company requirement Employment requirement Position Requirement
You must be currently employed at
the multi-national company
You must have been employed on a continuous basis in
full-time position with the foreign company for a
period of at least 1 year in the last 3 years
 preceding the date of your
application.
You must be employed in and being transferred to one of the following positions:

  • Executive and Senior Managers
  • Functional Managers Or
  • Specialized knowledge worker
You must be seeking a permit to work at a parent, subsidiary, branch or
affiliate
 of the foreign company located in Canada
You must be offered full-time employment from the
Canadian Company.
Executive and Senior Managers

  • Plan, organize, direct or control the broad activities of the company/ division of the company.
  • Implement the policies of the business.
  • Formulate policies that determine the direction of the company.
The Canadian Company and the Foreign company must be legal
entities
.
There must be an employer-employee relationship with the
Canadian Company, whereby the Canadian Company should be able to order and control the performance of
your work.
Functional Managers

  • Must manage an essential function of the company.
  • Have discretion over day-to-day operation with respect to this function.
  • Do not directly perform the tasks related to production of the product or delivery of services.
Both the companies must be actively doing business, which
means they must be continuously providing goods and services to the public.
It is recommended that you are paid by the Canadian Company,
however this is not mandatory.
Specialized knowledge worker

  • You must possess an advanced level of expertise AND
    proprietary knowledge about the company.
  • Officers perform a strict assessment of all applicants who file under this category
  • The onus is on the applicant to show that you are a specialized knowledge worker.

Let YIC help you gather the necessary evidence to establish you have the necessary knowledge to
qualify

You must be able to transfer back to your employment
with the foreign company at the end of your assignment in Canada.
Business relationships based in the following arrangements
are non-qualifying, for the purposes of ICT:

  • Licensing agreements
  • Franchise agreements
  • Ownership of small number of stocks

If you are not sure whether your business relationship with the Canadian company qualifies you for
this program, please get in touch with the immigration specialists at YIC, they will help you
navigate the requirements of this program.

If you are not sure whether your job duties fall within one of these three classes of
employees, get in touch with our immigration specialists, who have experience helping all sorts of
applicants.
You must be offered employment at a legitimate and
continuing
 establishment of the Canadian company

Start-up business

This Program is also available to employers of start-up businesses. However, if the employer being transferred falls under the specialized knowledge category, the employer must secure physical premises for their operation in Canada. In all other cases, the employer is free to list their counsel’s address in their application, until a premise is secured.

As an employer of a start-up business you must demonstrate that:

  • You have a plan to staff your new business in Canada
  • You have the financial resources to start your business in Canada and to pay your staff.
  • Your business is large enough to support employees in the role of executives or managers.
  • And if you are transferring an employee in specialized knowledge category, you should be doing business in Canada, with proper management in place.

Duration of Work Permit

Applicants who are successful under this program, can be granted a work permit of up to 3 years. If you are coming to Canada to establish a new business for your employer, you will only be issued a work permit for a year.

As an executive or manager, you are allowed to renew your work permit for a 2-year period at a time, as long as you don’t stay in Canada for longer than 7 years. As a specialized worker, you can similarly renew your work permit for a 2-year duration but are only allowed to remain in Canada for a maximum of 5 years.

How do I apply?

You apply for this work permit online and your employer must submit a job offer on your behalf. If you are starting a new business in Canada, it is highly recommended that you submit a business plan with your application. We at YIC can help you gather all necessary documentation, assist you with drafting of all job-related documents and put together a strong application.