Intra Company Transfer Specialized Knowledge - Immigration Law Firm

Giovanni Crescenzi

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Intra Company Transfer Specialized Knowledge

Intra Company Transfer Specialized Knowledge

Specialized Knowledge

The intra company transfer category was design to assist multinational businesses to move employees 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 hold must be a managerial or executive position or have specialized knowledge and must have a work permit to be able to work in Canada.

For specialized knowledge holders, the workers must possess knowledge at an advanced level of expertise and propriety knowledge of the company’s product, service, research, equipment, techniques or management.

In order to qualify for specialized knowledge and applicant is required to show a high degree of propriety and advanced expertise. Propriety knowledge refers to expertise that are specifically related to the company’s product or services. In order to show advanced knowledge the applicant must show that he/she hold uncommon knowledge of the company’s products or services and its application in international markets. This advanced knowledge can be through the research for the company, or its equipment, techniques or management.

Advanced expertise are required through significant and recent experience within the last 5 years which contributed greatly to the company. In order to consider specialized knowledge officers consider the following:

  • Abilities that are different from others in the same industry and are not easily transferable

  • The knowledge or the expertise has to be highly unusual

  • It must be critical to the company’s business of the Canadian branch and without it there would be disruption in the business

  • The applicant’s proprietary knowledge of the business must be unusual and not widespread

The evidence that an applicant can provide to show his/her specialized knowledge can be through a resume, references, letters of verification from company, years of experience, degrees or certifications related to the company’s work, list of awards or accomplishments, and the work required to perform in the company in Canada.

The officers assess all the information provided and make a decision based on that information. If the officer is not satisfied by the information provided then the application would be rejected. Usually specialized knowledge applicants are exempt from LMIA however if the officer finds the applicant ineligible for LMIA exemption then the application would be rejected.

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 Us Today

If you required further information about intra company transfer and looking to apply under the specialized knowledge then we can help you. Contact Akrami & Associates for your immigration needs.

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