Canadian Immigration Blogs

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.

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.

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.

NAFTA Work Permit

NAFTA is an agreement between three countries that allows a worker from any of these countries to go and work in any of the three countries that are party to the agreement of NAFTA. It makes the job of a worker to get a visa to work and live in Canada much easier on temporary basis for the reasons of employment. The countries that are party to this agreement include Canada, America and Mexico. This agreement does not apply to workers who are coming from any other country apart from these three countries. Other foreign workers have to follow a different visa procedure to enter Canada for employment. NAFTA Work Permit allows its citizens to find employment in signatory countries without the need to apply for Labour Market Impact assessment (LMIA). NAFTA saves time and money of the citizens through its own visa process. LMIA is a lengthy process where the employer has to arrange an employment for a foreign worker. The employer waits until no Canadian or a permanent resident is found to fill the position. Under NAFTA no employer has to arrange a job instead the worker comes to the border and applies for the visa. There are various categories that fall under NAFTA. These categories are mentioned below:

• NAFTA Intra-Company Transfers

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).