Intra Company Transfer Executives - Immigration Law Firm

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Bahar's Blog about Immigration to Canada & USA
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Intra Company Transfer Executives

Intra Company Transfer Executives

What is Intra Company Transfer

The intra company transfer category was designed to assist multinational businesses to move executives temporarily when required to another country under the same company.

The intra company transferee refers to foreign workers who are sent to work for the same company in a different country. In order to qualify under intra company transferee a person must have worked continuously for at least one year under the same employer in the USA or Mexico, and are being transferred to Canada for a short terms for the same or related employer. The position that the worker holds must be a managerial or executive position and must have a work permit to be able to work in Canada.

To qualify under the intra company transferee, the foreign worker must:

  • Seek entry for purpose of employment in Canada for a multinational business that is either already doing business in Canada or looking to do business in Canada and in a foreign country.

  • Have a position in an executive, senior managerial, or specialized knowledge capacity

  • Have been employed is a similar position on full time basis for at least one year in the last three years prior to the application for coming to Canada

  • The worker’s current company has a qualifying relationship with the company in Canada.

  • Comply with all immigration requirements for temporary entry.

Executives occupy the highest levels of a company’s management structure and are essential to a company’s business.

The employee must have worked either in the manager/executives position or as specialized knowledge staff. The employee must have had worked in the transferring company for at least one year out of the last three years.

The individual in executive position must be responsible for department, directing management, making decisions of wide latitude, supervising and controlling the work of professional employees etc.

The applicant is to satisfy the continuous one year work requirement within the last three years. Part time employment of one or more year cannot be added to meet the one year requirement. The other requirement that the individual must satisfy is that the applicant must hold an executive position in the company abroad.

The documentation required for intra company transfer includes:

  • Proof of continuous employment (full time) with the enterprise outside of Canada for at least one year within the previous three years period preceding the date of application

  • An outline of the foreign worker’s position in an executive or managerial capacity or one involving specialized knowledge, including title, place in the organization and job description

  • An outline of the position that the individual would hold in Canada including the title, place in organization and job description.

  • For those who possess specialized knowledge, they need to provide evidence of that knowledge and the position that requires this knowledge in Canada

  • Indication of the duration of stay in Canada

  • A description of relationship between both enterprise in Canada and the foreign country. This can be done through annual reports, articles of incorporation, financial statements etc.

For Intra Company Transfer there is no need for LMIA. Executives and senior managers are permitted to renew their initial intra company transfer work permit up to a maximum of seven years. Specialized knowledge workers can renew their work permits for up to a maximum of 5 years. After the maximum period is over the worker must leave Canada and the Canadian labour market for at least one year before re-applying and begin the cycle again.

Contact Akrami & Associates

If you are looking for further information on this matter please contact us and one of representatives will be glad to assist you.

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