Intra Company Transfer Canada

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The intra-company transfer LMIA exemption allows 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. Transferees are issued a work permit and later are usually in a strong position to obtain permanent residence in Canada.

Advantages

If an applicant/business qualify under the intra-company transfer exemption, the applicant can apply for a work permit without obtaining an LMIA. Furthermore, the work permit is normally approved within 10 working days. This is considerably faster and easier than applying for an LMIA/work permit through the regular application process.

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Permanent Residence

Intra-company transferees can obtain Comprehensive Ranking System (CRS) points for a job offer without being issued a LMIA. This makes it possible for intra-company transferees to increase their CRS score, leading to an improved chance of being issued an Invitation to Apply (ITA) via the express entry system. Provincial Nominee Programs are another option for permanent residence for intra-company transferees.

Requirements of the applicant
  • Are currently employed by a multi-national company and seeking entry to work in a parent,a subsidiary, a branch, or an affiliate of that enterprise.
  • Are transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18–24 months can be used as a reasonable minimum guideline).
  • Are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity.
  • Have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application.
Requirements for the company
  • Generally, the company must secure physical premises to house the Canadian operation.However, in specific cases involving senior managers or executives, it may be acceptable that the address of the new start-up not yet be secured; for example, the company may use its lawyer’s or other advisors 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 and ensure that work is guided and directed by management at the Canadian operation.
Duration of work permits
  • 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.
How can a Regulated Canadian Immigration Consultant Help?

In addition to making sure the application is complete there are three main areas where an RCIC can help.

Immigration Strategy and Option: An RCIC can advise you on the different options that are available to you to obtain permanent residence in Canada and explain the pros and cons of each option. It is important you choose the best immigration program from the start as this will likely save you time and money in the long run.

Professional Representation: If you do not have a representative assisting you then you will probably only submit the required documentation listed on the PNP or IRCC checklist. Submitting only these documents may be enough to result in a favorable decision. However, submitting only those documents sometimes is not enough to make your case and to satisfy the visa officer you meet the requirements of the visa. Generally, it is wise to submit as much evidence as you can above and beyond the minimum required by the PNP office or IRCC. Your representative can assist you in preparing and submitting a strong application by identifying the weaknesses in your application and advising you how to strengthen your application.

Submission letter: An RCIC will prepare and submit a submission letter on behalf of the applicant along with the application. The submission letter is an important part of the application which summarizes and more importantly demonstrates why you meet the requirements of the visa.

Ready to apply as an intra-company transferee?
  • Review your information and develop a strategy to apply
  • Prepare and submit your visa application to IRCC
  • Act as your authorized representative to IRCC
  • Update you regularly on the status of your application.

If you want to apply for a work permit as an intra-company transferee we are here to help! Please complete our online assessment form or contact us and one of our Regulated Canadian Immigration Consultants will revert to you within 48 hours.

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