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Documents needed for Intra Company Transfer
Intra Company Transfer
Are you an Intra-Company Transferee looking forward to your experience working in Canada? To make for an enjoyable experience, you would want it to start off on the right foot. Therefore, you would want to make sure your entrance into Canada is as hassle-free and smooth as possible. To do so, one important factor to consider are the documents you would need upon entrance.
An important aspect of understanding what documents are needed and why they are needed is the concept of Intra Company Transfers themselves. An Intra Company Transfer is an individual working for an international company who is qualified and being temporarily transferred to Canada in an attempt to effectively manage the Canadian division of the company, which can better expand Canadian exports such that it will enhance competitiveness in the international market. Intra Company Transfers do require a Work Permit; however, they are exempt from the Labour Market Impact Assessment (LMIA). Specific details and regulations regarding Intra Company Transfers can be found in the Immigration and Refugee Protection Regulations (IRPR).
The company for which the Intra Company Transfer works for must be a legal entity that has a parent, subsidiary, branch, or affiliate business relationship. Specifically, both the foreign company from which the transfer comes and the Canadian company that is transferring him/her must be doing business. This is a governmentally specified term with a detailed definition: doing business would mean that the branches/affiliates of the company must be regularly, systematically, and continuously providing goods and/or services made by the other branch/affiliate company. This means that the presence of the business in Canada is not enough; proof of their active engagement with the market/service they provide must be shown when applying for an Intra Company Transfer. This is to avoid instances of fraudulent activity; for example, creating a business that is established only in name to bring an individual over through the Intra Company Transfer. Acceptable documents would include annual reports, articles of incorporation, profit/loss statements, partnership agreements, license to do business, business tax returns and registration with Canada Customs and Revenue Agency. The more documents included, the stronger the application. Furthermore, both the foreign and Canadian division of the company must be doing business for the entire stay in Canada; once the stay is complete, the transferee must return back to the foreign company.
It is important to note that businesses may not only mean entities for profit. Religious, charitable, service, or other non-profit organizations are also eligible, provided they can prove that they belong to an international corporation/other type of legal entity. To determine what kind of international organization you belong to (for example, enterprise, parent, subsidiary, branch, affiliate, etc.), refer to the definitions and terminology outlined in NAFTA. This is available on the government website, cic.gc.ca.
Duration of Work Permit
In the event that your application is approved, you will be granted a Work Permit. The initial work permit is valid for one year since the date of approval, or otherwise specified on your work permit. Should you require to extend your stay, you will need to apply for a Work Permit Renewal. It is advisable that you apply for a renewal prior to the actual expiry of your Work Permit, as it is illegal to remain in Canada with an invalid permit (even if you have a pending renewal). For a Work Permit Renewal, there are also separate things you must prove in order for it to be approved. The first aspect of this is to prove that the Canadian and foreign companies both have a Qualifying Relationship. This means that, at the time of expiry, the Canadian and foreign companies still have a relationship as defined in NAFTA as a parent, subsidiary, affiliated, or branch company. If this requirement is not met, the individual applying for an Intra Company Transfer will not be approved to continue working in Canada. It is important to note that the individual will also not be allowed to work in Canada if the two companies stop having a qualifying relationship while the transferee’s work permit is still valid. Ultimately, the two companies must have a qualifying relationship for the entire duration of the time the individual works in Canada. There are two other requirements for a renewal of the Work Permit. The first is that you must provide documentation that proves that the new office has continuously engaged in the provision of goods and services within the last year (that is, the year during which you were working in Canada). The other requirement is that the new office has been staffed, and you must provide adequate documentation that proves this. If these three requirements are met, only then may you apply to renew your work permit and extend your stay in Canada.
Required Documents for Intra Company Transferee
There is a set list of documents required when applying for an Intra Company Transfer. Firstly, you will need to prove that, as the applicant, you are currently employed by a multi-national enterprise and that the branch of which you are employed is outside of Canada. You will also need documentation depicting that you have been invited by a related division inside Canada to come and temporarily work with them. Next, you need to make sure you have documented evidence that you were working in the foreign related company full-time for at least one year within the three years before the date of initial application. This must be done through an employment contract or payroll; note that accumulated part-time or part-time of any matter will not be accepted. You must be a full-time employee. Another document you must include is an outline of your position as an executive or managerial capacity, or one that involves Specialized Knowledge. This document must provide evidence that you are working in that position, and that the job in Canada you are transferring to specifically requires that position. An additional document must specifically describe the position you will attain when you come to Canada – this must include the job title, position, place in the organization, and job description. The more details, the better the documentation will be. Furthermore, you will want to include proof of your stay, which describes how long you intend to stay in Canada. Finally, you will need to provide a description of the relationship between the enterprise in Canada and the enterprise in the foreign country. You may include as many documents as necessary to prove all of the abovementioned requirements. In general, the more documents you include, the stronger your application will be.
Contact Akrami & Associates
While all the information and required forms are available on the government website, compiling a strong application with no previous experience is not recommended. Rather, you will benefit from seeking the assistance of an experienced immigration firm. If you are in the position of filing an Intra Company Transfer, please do not hesitate to call Akrami and Associates. Our team of experienced and dedicated professionals will be more than happy to assist you with your application and make this a hassle-free process for you.
With Akrami and Associates, there is always a way!