Intra Company Transfer Work Permit Requirements

Intra Company Transferee Work Permit Requirements

Do you want to work in Canada but are employed overseas through a multi-national company? Does the multi-national company that you work for have a location in Canada? If so, you should apply for a work permit through an Intra-Company Transfer. It is important to note that a work permit is necessary for all foreign nationals that wish to work and contribute to the Canadian economy. In this particular circumstance, you must work for a foreign multi-national company that also has a location in Canada in order to request a work permit through the Intra-Company Transfer program. In this article, I will explain in detail, who is eligible for an Intra-Company Transferee Work Permit and who is not, how to start the process of obtaining a work permit and further steps.

Who Can Apply for an Intra Company Transfer Work Permit?

In order to apply for an Intra-Company Transfer Work Permit you must meet some requirements for work permits under the general provision. The requirements are:

• Being employed by multi-national company and looking to transfer in one of the branches that is located in Canada
• The enterprise you are currently employed with must have qualifying relationship with the enterprise you are transferring too.
• The employment transfer must be at least of 18-24 months in length
• The position you are transferring to must be either in an executive, senior managerial or specialized knowledge capacity
• You must be employed with the employer that plans to transfer you to the Canadian location for at least one year on full-time basis in similar a position within the three year period.
• You must be currently employed by a multi-national company and seeking to work in a parent, a subsidiary, a branch or an affiliate of that enterprise
• Your stay in Canada must be only for temporary purposes
• You must meet all immigration requirements and comply with the rules and regulations

Executives & Senior Managers

This group of employees would include individuals in the senior executive or managerial categories. They should also be in possession of a letter from a company conducting business within Canada which identifies the holder as an employer of a branch, subsidiary, affiliate or parent of the company which is located outside of Canada. Additionally, the holder of the letter must also be transferred to a position of Senior Executive or a Managerial level position at a permanent and continuing establishment of that company within Canada for a temporary period.

Executive Capacity is defined as an employee that primarily:

• Directs the management of the organization or a major portion or function of the organization
• Establishes and sets the goals and policies of the organization, component or function
• Exercises discretionary decision-making on a large scale
• Receives only general supervision or direction from higher level executives, the board of directions and/or stockholders of the organization

Managerial Capacity is defined as an employee that primarily:

• Manages the organization, a department, subdivision, function or component of the organization
• Supervises and controls the work of other managers/supervisors and/or professional employees
• Has the authority to hire and/or fire, or recommend these and other personnel actions, such as promotions and leave authorization
• Exercises discretion over the daily operations of the activity or function for which the employee has authority

Functional Managers

In the circumstance of Intra-Company Transfers, these employees do not necessarily manage staff, but manage an essential function within the company. Functional managers essentially can be described as managing a function that is indispensible or important to achieving the organization’s goals. The factors that describe a functional manager are:

• They operate at a senior level within the company and/or within the function managed
• They have the discretion over the daily operations of the function they manage
• They provide coordination and guidance to other managers
• They are responsible over high valued assets or sales
• They direct the work of subcontracted firms

Keep in mind, if you are in junior management, you would be excluded from this specific category. Similarly, positions that are defined as managing supervisor, supervisor, foreman, or individuals with managerial sounding titles only, would not qualify.

Specifically, the individuals who would qualify under this category would be individuals under the NOC 0 group that are applying to management occupations. It is important to note that only individuals whose positions are defined as Senior Managers who plan, organize, direct or control a business will be included and qualified.

Specialized Knowledge

This specific group of individuals would possess “knowledge at an advanced level of expertise” and “proprietary knowledge of the company’s product, service, research, equipment, techniques or management” as per Canada’s commitment in the General Agreement on Trade in Services (GATS). In order to qualify as an Intra-Company Transferee with specialized knowledge, you must have both proprietary knowledge and advanced expertise. If you only acquire one of these traits, then unfortunately you would not qualify under this category.

Proprietary Knowledge is defined as company-specific expertise related to a company’s products and/or services. This allows for the company to not address specifications regarding their products or services, in order for other companies to not duplicate their work.

Advanced Proprietary Knowledge is defined as uncommon knowledge of the host firm’s products and/or services as well as its application within international markets. This can also mean an advanced level of expertise or knowledge of the company’s processes and procedures such as its production, research, equipment, techniques or management.

Advanced Level of Expertise is defined as specialized knowledge gained through significant (the longer work experience, the more knowledge acquired and is considered “specialized”) and recent (within the past 5 years) experience with the organization and utilized by the individual to contribute significantly to the employer’s productivity.

How Long Can I Work in Canada?

When and if you are granted the Intra-Company Transfer, the initial work permit is only granted for a one year time period. However, if you would like to renew the transfer and extend your stay, you must provide sufficient evidence and documentation to prove that the Canadian and the foreign company still have a qualifying relationship; the new office has engaged in the continuous provision of goods or services for the past year; and the new office has been staffed accordingly.

Contact Akrami & Associates to Apply for an Intra-Company Transferee Work Permit

It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for an Intra-Company Transferee Work Permit. Applications for work permits, by themselves, are difficult applications to pursue on your own. Therefore, for work permits through the Intra-Company Transferee program can be highly advanced and difficult and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients gain entry into Canada to work for Canadian companies. If you believe that you may be eligible for an Intra-Company Transferee Work Permit, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!