How to Qualify for an Intra-Company Transferee Work Permit

Qualify as an Intra-Company Transferee 

Are you currently employed by an overseas multi-national company? Are you interested in working in Canada? Does the multi-national company have a location in Canada? If so, you may be able to apply for a work permit through an Intra-Company Transfer. Any foreign national that would like to work in Canada must first apply for a work permit in order to legally work. Additionally, in this specific circumstance, you must also work for an overseas multi-national company that has a location in Canada. In order to apply for this type of work permit, there are specific qualifications that you must meet. Therefore, in this article, I will address how to qualify for an intra-company transferee work permit and other important information to consider if you are applying for this type of work permit.

How to Qualify for an Intra-Company Transferee Work Permit

Much like any other immigration application, in order to qualify and apply for an Intra-Company Transferee Work Permit, you must ensure that you meet the required qualifications. Therefore, as a foreign national, in order to qualify for an Intra-Company Transferee Work Permit, you must:

• Currently be employed by an overseas multi-national company and seeking to work in a parent, a subsidiary, a branch or an affiliate of that company;
• Be transferring to a company that has a qualifying relationship with the company that you are currently employed for, and will be undertaking employment at a legitimate establishment of that company; - 18-24 months can be used as a reasonable minimum guideline
• Be transferred to a position in an executive, senior managerial or specialized knowledge capacity;
• Have been continuously employed, either via payroll or by contract, by the company that plans to transfer you outside Canada, in a similar full-time position for a minimum of one year in the three-year period immediately before the date of the application; - Not accumulated part-time
• Be coming to Canada for temporarily only;
• Comply with all of the immigration requirements for temporary entry into Canada.

Executives & Senior Managers

As an executive or a senior manager of the company, this group of employees must be in possession of an official letter from the company conducting business within Canada that can identify the holder as an employee of a branch, subsidiary, parent or affiliate of the company which is located overseas. It is important that the holder of the letter be transferred into a position of Senior Executive or a Senior Managerial level position at a continuing and permanent establishment of that specific company within Canada for a temporary period of time.

Along with the qualifying factors in order to apply for this application, there are also definitions of the positions mentioned. Below I have provided you with a list of job duties that this group of employees conduct at their employment. An Executive primarily does the following job duties:

• Direct the management of the organization/company and/or a major function or component of the organization/company;
• Establish and set the goals and/or policies of the organization/company, component or finction;
• Exercise discretion on decisions that are large in scale;
• Receive only general supervision and/or direction from higher level executives, the board of directors and/or stockholders of the organization.

A Senior Manager primarily does the following job duties:

• Manage the organization/company, a department, subdivision, component or function of the organization/company;
• Supervise and control the work of other managers and supervisors and/or professional employees;
• Have the hiring and/or firing authority, or recommend these and other personnel actions, i.e. promotions or leaves of absence;
• Exercise discretion over the daily operations of the activity, function or component for which the employee has authority.

Specialized Knowledge

As an individual with specialized knowledge of the company, this specific group of employees must have and possess “knowledge at an advanced level of expertise” and “proprietary knowledge of the company’s product, service, research, equipment, techniques or management” as per Canada’s commitment in the General Agreement on Trade in Services (GATS). Along with the qualifying factors in order to apply for this application, individuals with specialized knowledge must also have both proprietary knowledge and advanced expertise. Please keep in mind that if you only have one of these traits, then you will not be eligible under this category.

There are also definitions of these types of knowledge that were previously mentioned. Below, I have provided you with the specific definitions.

Proprietary Knowledge

This type of knowledge is defined as company-specific expertise that is related to a company’s products and services. This permits the company to not address specifications regarding their products or services. This also prevents other companies from not duplicating their work.

Advanced Proprietary Knowledge

This type of knowledge is defined as uncommon knowledge of the host firm’s products and/or services. This also includes its application within international markets. Keep in mind, this can also indicate an advanced level of expertise or knowledge of the company’s processes and procedures. Examples of this can include its production, research, equipment, techniques or management.

Advanced Level of Expertise

This type of knowledge is defined as specialized knowledge gained through significant and recent experience with the organization and used by the employee to contribute significantly to the employer’s productivity. Keep in mind, the longer the work experience, the more knowledge acquired. Thus, it would be considered “specialized.” Additionally, the recent experience would only qualify if the experience was within the past five years.

Contact Akrami & Associates

If you would like to apply for an Intra-Company Transferee Work Permit, you should consider all of the aforementioned information and requirements before you attempt to apply. Applications for work permits are not easy and are difficult applications to pursue on your own. Work permits through the Intra-Company Transferee program can be highly advanced and difficult and it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our overseas clients obtain work permits through the Intra-Company Transferee program in order to work for Canadian companies. If you believe that you may be eligible for an Intra-Company Transferee Work Permit, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!