Intra-Company Transferees

Canada is a land of opportunity in many ways, including business development and international trade. As such, Canada will allow the transfer of skilled workers between their foreign parent company and the branch company in Canada. The Intra Company Transferee is then granted a work permit in Canada to fulfill their intended purpose.

In this way, Canada facilitates the transfer of knowledge from the foreign company to the company in Canada. Further, unlike most work permit application, the Intra Company Transferee Work permit is considered to be Labour Market Opinion exempt.

Qualify as an Intra-Company Transferee

In order to qualify as an Intra Company Transferee, you need to fall under the category of being either:

An Executive;
A Manager; or
Have Specialized Knowledge.

Further, you must have:

Worked with the foreign company on a continuous basis for at least one year in the last three years;
Be transferred to work in Canada for the same or related employer on a short term basis.

Lastly, before you consider applying under this category, be sure that a qualifying relationship exists between the foreign company and the company in Canada. If there is no qualifying relationship, you may not be approved for your Intra Company Transferee Work Permit.

Executive Capacity

Executive capacity means that the employee primarily:

Directs the management of the organization or a major component or function of the organization;
Establishes the goals and policies of the organization, component, or function;
Exercises wide latitude in discretionary decision-making; and
Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

Managerial Capacity

Managerial capacity means that the employee primarily:

Manages the organization, or a department, subdivision, function, or component of the organization;
Supervises and controls work
Has the authority to hire and fire, or recommend these and other personnel actions, such as promotion and leave authorization and
Exercises discretion over the day to day operations of the activity or function for which they have the authority.

Specialized Knowledge

Specialized knowledge means:

Special knowledge of the company's product or service and its application in international markets; or
Advanced level of knowledge or expertise of the organization's processes and procedures.

Product, process, and service can include research, equipment, techniques, management, etc.

Special knowledge is unusual and different from that found in a particular industry. Typically, special knowledge may involve a person's proprietary knowledge of a company's product or service. To be proprietary the knowledge must relate exclusively and unique to the company's business.

Knowledge which is widely held or related to common practices is not considered to be specialized knowledge.

Qualifying Relationship

Branch Company;
Affiliate Company; or
A subsidiary of the parent company.

A Branch Company is an operating division or office that is house in a different location. In this case, it would be in Canada.

An affiliate is a company related to another company, not necessarily the same company. In this circumstance, usually a third company has power over the parent and affiliate.

A subsidiary is a separate entity entirely from the parent company but is still owned by the parent corporation.

If the companies in question fall under the above categories, you may qualify as an Intra Company Transferee.

How We Can Help

The first step would be

We will assist you:

Draft the necessary forms;
Assist you in gathering the necessary document to demonstrate the qualifying relationship between the foreign and Canadian companies;
Demonstrate your intended duties in Canada;
Draft the appropriate documents like an invitation letter, home country letter, personal statement etc.;
Compile the strongest possible case as per your unique situation;
Prepare your for an application at a Port of Entry, if applicable;
Follow up with Citizenship and Immigration Canada on your matter to ensure the fastest possible processing time; and
Of course, be with you every step of the way.

For more information on applying as an Intra Company Trasferee, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at This email address is being protected from spambots. You need JavaScript enabled to view it..

List of articles in category Intra-Company Transferees
Title
Intra-Company Transferee Understanding Specialized Knowledge
Intra-Company Transferee Qualifying Companies
Intra-Company Transferees Basics