Intra-Company Transferees

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 Info@ToImmigrate.com.

An Intra-Company Transferee can be classified into one of three categories. Based on their current position and duties, you will need to determine under which classification they fall under:

  • Executive
  • Managerial; or
  • Specialized Knowledge

Executive and Managerial classifications predominantly relate to amount of control, experience and varying duties within the company. Specialized Knowledge is a more ambiguous classification that can encompass all three categories depending on their intended purpose in Canada as well as their level of knowledge of the companies processes, practices, procedures, policies etc.

Specialized Knowledge is considered to be unusual and different knowledge or skills which not generally found in the particular industry. This knowledge need not necessarily be proprietary or unique but should be uncommon.

A tip to help you consider whether or not a person has specialized knowledge would be to consider what would happen in their absence. A person who possesses specialized knowledge would usually be in a position that is critical to the well-being of your business.

Characteristics of an employee with Specialized Knowledge are:

  • Possessing knowledge that is valuable to your market competitiveness
  • Uniquely qualified to contribute to the Canadian company’s knowledge of foreign operating systems
  • Knowledge has been gained through extensive prior experience with the employer
  • Has been utilized in other key roles, projects in your home country or abroad

As a general rule of thumb, Specialized Knowledge may involve your employee’s familiarity with a product or service which no other company produces or that you produce differently. This knowledge could be considered of a complex nature and not easily transferred to another individual on a short term basis.

Further, this knowledge need not necessarily be proprietary, meaning that the company owns this knowledge but it should be beyond what is commonly found or understood in the industry. I could be non-proprietary knowledge that a particular company applies in a unique way that makes it knowledge beyond what is otherwise common in the industry.

As an employer, before you can consider whether or not you have qualifying employees for the Intra Company Transferee Program, you will first need to determine whether or not your company has a qualifying relationship with the company in Canada that you wish to have a worker transferred to.

You must first establish and be able to demonstrate that this qualifying relationship exists, otherwise, the application will be unsuccessful regardless of the qualifications of the potential transferee.

Firstly, your company abroad and the Canadian company must be legal entities that have a parent, subsidiary, branch or affiliate business relationship. Further, both your company and the Canadian company must be or will be doing business.

A Parent means a firm, corporation or other legal entity which has subsidiaries.

A Branch is an operating division or office of the same organization housed in a different location.

An Enterprise is any entity constituted or organized under applicable law, whether or not for profit and whether privately or publicly owned including any corporation trust, partnership, sole-proprietorship, joint venture or other association. Examples may include:

A Subsidiary refers to a firm, a corporation, or other legal entity of which a parent company owns:

  • directly or indirectly, half or more than half of the entity and controls the entity; or owns, directly or indirectly, 50% of a 50-50 joint venture and has equal control and veto power over the entity; or
  • owns directly or indirectly, less than half of the entity, but in fact controls the entity.

Affiliate means:

  • one of two subsidiaries, both of which are owned and controlled by the same parent company or individual; or
  • one of two legal entities, owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each company in terms of how the shares have been allocated.

Canada has a number of programs put in place to facilitate the entry of temporary foreign workers, who will benefit the Canadian economy. One such program is the Intra-Company Transfer (ICT) program. Intra-company transferee means a person who is sent to work for the same company in a different country. These people do not need a labour market opinion (LMO). This means that Canadian employers do not need to have a job offer approved by Employment and Social Development Canada to hire a worker.

So to work as an Intra-company transferee in Canada you must:

  • Work for the same company ongoing bases, for at least one year in the last three years for the same or related employer in the United States or Mexico
  • Be transferred to Canada to work short term for the same employer or the related employer
  • Work as be transferred to Canada to work short term for the same or a related employer,
  • Work as a manager, as an executive or in a job that uses specialized knowledge, and
  • Have a work permit.

Work Permits for Intra-Company Transferee

In order for the foreign worker to receive a Work Permit the Canadian business will have to demonstrate a qualifying relationship with its foreign counterpart, as well as a qualifying relationship with its employee.

Work permits for Intra-Company Transferees will be valid for up to three years. Intra-company Transferees entering Canada to open or work in a new office will be granted permits valid for up to one year.

Intra-Company Transferee Work permit Extensions

If the company wants their foreign employee to stay bit longer then they must seek extension for work permit which may be granted for up to two years at a time. Executives can be granted permits for up to seven years. Specialized knowledge workers can receive permits valid for up to five years in total.