Intra Company Transfer Work Permit What the Immigration Officer Looks at
When you apply for an intra company transferee there are six things an immigration officer looks for. Be aware of these six things prior to submitting your application to the counsellor or going to a port of entry.
The first is that the officer looks at the number of years and experience you have in the organization or the foreign company. Even though the minimum requirement is one year, the officer still assess your situation. Depending on the position your being transferred to (at the new location), the officer may say that you don’t have enough experience or the credentials to physically take on the position in Canada.
The second is the similarity of the position to that of the position you have had up until this point. For example the applicant is coming for a short period, from a part time position to a full time position. Let’s assume the individual is an American citizen and working in a foreign company in America, the position is part time in the US, the chances of this unless we can really demonstrate the necessity the need for this are going to decrease versus you transfer this applicant for a full time position or it was a full time position in the United States and are going to be temporary at the part time basis in Canada, that chances will increase. They really want to look at the similarities, not only the work that she is conducting but also the hours that the applicant will be working.
Obviously it is not mandatory that the applicant would be performing the exact same position in Canada. But they do take that into consideration. For example if you’re doing an IT position in the US and here in Canada the position has changed and now you are part of the advertising team, the expertise to do the position has to be further explained/justified to the officer. The third is the extent of the part time position, what that means is that in order for you to able to transfer, you need to have full time work experience in your foreign company. If you’re not working full time in the US you’re working on a part time basis you have to wait till you get the equivalency of the full time hours in order to transfer to the Canadian Organisation.
Also what they look at is the signs of abuse for this kind of work permit; they look at what is the need for the organisation to transfer a foreign worker into Canada. And is the company in Canada able to recruit a foreign candidate in this position. A lot of times those who are in the sales industry get highly scrutinized. So if you’re sending something or if you’re in the same industry be mindful of that, there are a lot of candidates in Canada who could do the position and are as equally qualified as you are/may be. You would want to include documentation to see how your qualification stands out, for example you could state reasons as to why the foreign worker has to be transferred here in Canada. Also the application to demonstrate the employee will be transferred on a temporary basis. There is a need in Canada and that applicant is going to come to Canada temporarily and then go back to the foreign company where they came from.
The last is they have to comply with all the other regulatory changes and so forth, so it has to comply with immigration requirements such as the companies have to have a qualifying relationship, perhaps you cannot close the company in the United States as the employees transfer, that company will want operating, so there’s other things the officer will look at to ensure that this type of work permit is not abused by the candidate or the companies.
These are the six main requirements that the officer looks at. There are a list of documents that we provide to our candidates, individuals who retain the firm as to what specific documents you need to include for the success of your application under the Intra Company Transferee work Permit. If you have any questions give a call we are here to help, do not hesitate to call and ask.
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