Canadian Immigration Blogs

Read blogs about Canada, Immigration Canada, and how to come to Canada.

Understanding Intra-Company Transfer

Understanding Intra-Company Transfer

Intra-Company Transfer

Are you a foreign national that wants to work in Canada? Do you already work in a multinational company from either the United States or Mexico, which acquires an existing subsidiary branch within Canada? Do you obtain an upper-level position within your multinational company and are seeking to expand your knowledge to your company’s subsidiary branch? If your answers to these previous questions are yes, then you may be eligible for an intra-company transfer. Acquiring a work visa or permit within Canada is not an easy process to undergo and in order to be successful in this process, it is recommended to seek out legal experience and book a consultation with one of our immigration representatives through Akrami & Associates. For further information on this topic, please continue to read this blog.

What is an Intra-Company Transfer?

An intra-company transfer refers to an eligible foreign national, that is employed in a multinational company somewhere abroad, and wishes to be employed in a connecting branch for their company, within Canada. This transfer can only occur if the eligible worker wishes to transfer within a branch of their original company, which can be only from the United States or Mexico. But first things first, all potential intra-company transferees must obtain a work permit in order to even be considered for an employment transfer to Canada. Without this valid piece of document, a foreign national from a visa-exempt country cannot obtain work in Canada, regardless of connecting branches of employment.

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All About Significant Benefit Work Permits

All About Significant Benefit Work Permits

What is a Significant Benefit Work Permit?

Do you have an interesting business idea, or are an entrepreneur who thinks they have a business idea which could be beneficial to Canadians, then the Canadian government has the program for you! Assuming you as well have an interest in doing business in Canada, the Canadian government is willing to permit you to work in Canada for quite an extended period of time, provided they determine you qualify for this unique type of work permit. I am talking about a significant benefit work permit (SBWP). As it sounds, the significant benefit work permit is available to foreign nationals who are presumed to be a significant benefit to Canadian society. As such, there is a fairly tough evaluation process behind granting individuals a SBWP. Not to worry though, Akrami and Associates is here to help you understand if you could apply for a SBWP, and how to go about doing this.

Who Can Apply for A Significant Benefit Work Permit?

Well, as I briefly mentioned, you must be in a position to bring business to Canada which is of significant benefit either socially, economically, or culturally. As such, you must be able to plan and outline what you intend to contribute to Canada, how this is going to benefit Canada, and how you are going to be successful in creating and maintaining your endeavors. This may not sound like much, but it is much more complicated that drawing up a pipedream plan and hoping a Canadian immigration officer appreciates the sound of the idea. You must make an immigration officer feel confident that you have a good, beneficial idea, and the means to achieve this idea in all likelihood. The importance of your business plan should not be underestimated. It is by far the most influential aspect of this type of application. Furthermore, you must be admissible to Canada. This means you cannot be criminally inadmissible, medically inadmissible, inadmissible due to prior misrepresentation, or any other reason.

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About Intra-Company Transferee Work Permits

About Intra-Company Transferee Work Permits

What is the International Mobility Program?

There various different work permits one could apply for which would give them permission to work legally in Canada. The reason there are so many different work permits for individuals to choose from is that the Canadian government recognizes that there are a variety of different circumstances individuals who wish to work in Canada, are facing. Therefore, the different work permits exist to suit each individual’s circumstance, and provide each individual a permit which gives them the necessary permissions to have success in their specific endeavors. For example, some work permits are available through the international mobility program (IMP). Work permits available through the IMP lets employers hire temporary workers without a Labour Market Impact Assessment (LMIA), unlike the temporary foreign worker program (TFWP). Work permits available through the international mobility program are LMIA exempt because they have special permissions through a bilateral or multilateral agreement the Canadian government is party to. In this article, we will work to help you understand the intra-company transferee work permit, which runs through the international mobility program.

What is an Intra-Company Transferee Work Permit?

Through the international mobility program, one option is an intra-company transferee work permit. This type of work permit is useful for individuals who work for trans-national corporations (TNCs), otherwise known as multi-national corporations. From time to time, an individual who works for a company which has branches or affiliates in difference parts of the world may have the opportunity to re-locate to a country like Canada. Though, to work in Canada, everyone who is not a Canadian citizen or permanent resident needs a work permit. An intra-company transfer work permit (ICT work permit) makes it easier for these individuals to obtain permission to work for their company in Canada. Additionally, the ICT work permit brings some other benefits, but at the same time places some restrictions on the grounds the individual seeking work is coming to work with one particular company. For example, your employer does not need to obtain a positive LMIA, as mentioned. Though, an ICT work permit is essentially a closed work permit. This means, you will only have permission to work with a branch or affiliate of your original company during your time in Canada.

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What a NAFTA Work Permit Is

What a NAFTA Work Permit Is

What is NAFTA, and How Does it Impact my Ability to Work in Canada?

You’ve probably heard the term NAFTA before. If you don’t already know what NAFTA is, I’m here to help. “NAFTA” stands for North American Free Trade Agreement. This is an agreement between Mexico, Canada and the USA designed to allow citizens of these three countries easier access to the benefits of each other’s economies, through trade and work contributions. What this means is individuals who are citizens of these three countries have the privilege of being able to access work industries beyond their own borders easier than if they were not citizens of one of these three countries. Canadian, US and Mexican citizens can obtain a work permit for one of these three countries relatively easily. Though, it is a very important process to understand, to ensure you are not denied the opportunity to work in another county. Keep reading this blog for a detailed explanation of obtaining a NAFTA work permit, to come to work in Canada if you are from the USA or Mexico.

What is a NAFTA Work Permit?

As mentioned, NAFTA makes it easier for citizens of certain countries to find a work permit. But how does it actually do this? Because of NAFTA, individuals who apply for a work permit under NAFTA do not have to obtain a Labor Market Impact Assessment (LMIA), before they are able to come to Canada. A LMIA is used to ensure there is a need for a foreign worker to fill a position within Canada, because there is no Canadian available to fill the position. Essentially, this means that individuals under NAFTA are protected from the requirement that they cannot take a position from any Canadian. As the result of NAFTA, citizens of the US and Mexico are also privilege to the Canadian labor market. This is a huge benefit to citizens of these countries, as the process of applying for an LMIA can be lengthy and difficult, and seriously impact your chances of being permitted to work in Canada on a temporary basis. This process requires a foreign worker to have a Canadian employer arrange for their employment within Canada. Receiving a positive LMIA is a large part of this process, as they must obtain permission from the Canadian government to bring a foreign worker to Canada, before they can enter the country and begin to work. As mentioned, NAFTA removes this requirement and greatly speeds up the application process; some individuals can even apply for their work permit at the border, but this ultimately depends on your specific situation.

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Exemptions to the Labour Market Impact Assessment (LMIA)

Exemptions to the Labour Market Impact Assessment (LMIA)

Several Circumstances Where LMIA Can Be Waived

In order to successfully bring and hire a temporary foreign worker to Canada, in most cases, Canadian employers must acquire a positive Labour Market Impact Assessment (LMIA) prior to hiring them. However, there are several different circumstances and cases where a LMIA is not required and may be waived. There are common LMIA exemptions that fall under specific categories, such as significant benefit, reciprocal employment, and charitable and religious workers. It is important to remember that even though an individual may be exempt from getting an LMIA, it does not mean that the individual is exempt from getting a valid work permit. All of the LMIA exemptions are still required to obtain a valid work permit to work in Canada. Furthermore, in this article, I will address the specific LMIA exemptions and what that means for those individuals.

Significant Benefit

A significant social or cultural benefit refers to the degree of flexibility an Immigration officer has in assessing whether a valid work permit may be issued without the need for a positive LMIA. In order to accurately and properly assess this, the foreign worker’s proposed benefit and skill to Canada through their work must be significant and notable. Immigration officers often refer to the testimony of the credible and distinguished experts in the foreign worker’s field of work, in addition to any objective evidence provided. In order to determine the foreign worker’s level of achievement in their past experiences, Immigration often looks at their past records as a good indicator of this.

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