Intra-Company Transferee Canada
Intra-Company Transferee Requirements
An intra-company transferee is essentially and work transfer program for lack of a better analogy. It involves an eligible worker who wishes to transfer between two qualifying organizations of the same company. The parent company being abroad and the branch company in Canada. As the applicant, there is a long list of criteria that you must meet in order to qualify. The same goes for your company. There must exist a "qualifying" relationship between your home company and the branch you wish to transfer to. Demonstrating this relationship is easier said than done.
Akrami & Associates can help you with this. Contact us for more details!
If you intend on applying as an intra-company transferee, as the applicant, you must:
- have worked:
- on an ongoing basis,
- for at least one year in the last three years,
- for the same or a related employer in the United States or Mexico,
- be transferred to Canada to work short term for the same or a related employer,
- work as a manager, as an executive or in a job that uses specialized knowledge, and
- have a work permit.
The above will help you understand whether or not you meet the basic criteria to be considered an eligible worker. You will also need to determine the nature of your work:
Executive Capacity Means That The Employee Primarily:
- Directs the management of the organization or a major component or function of the organization;
- Establishes the goals and policies of the organization, component, or function;
- Exercises wide latitude in discretionary decision-making; and
- Receives only general supervision or direction from higher level authorities
Managerial Capacity Means That The Employee Primarily:
- Manages the organization, a department, subdivision, function, or component of the organization;
- Supervises and control the work of:
- Other manager or supervisors;
- Professional employees, or
- Manages an essential function within the organization, or a department or subdivision of the organization
- Has the authority to hire and fire, or recommend these and other personnel actions, such as promotion and leave authorization; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has the authority.
Specialized Knowledge Means That The Employee Primarily:
- Has unique or unusual knowledge of a company's product or service and its application in international markets, or an advanced level of knowledge or
- expertise in the organization's processes and procedures (product, process and service can include research, equipment, techniques, management, or other interests).
Tips On Intra-Company Transferee Work Permit Application
Submitting an application to this program comes with a long list of requirements as well as employer criteria that you will need to consider. Both you and your employer will need to meet the eligibility criteria in order to have your application processed.
To be successful as an intra-company transferee, you will need to satisfy an officer making a decision on your matter that you have the necessary skills and background to fulfill you intended purpose in Canada, your parent company abroad and the company in Canada have a qualifying relationship and you will be fulfilling your intended duties under the classification of an executive, managerial or specialized knowledge.
An application for an intra-company transferee work permit is a very document intensive and complicated application. We highly recommend you seek the assistance of a skilled immigration representative.
Akrami & Associates will guide you every step of the way with this. Contact us for more details.
If you intend on submitting your application without the support of a representative, there are a couple of factors you should keep in mind.
Company Qualifying Relationship
Parent means a firm, corporation or other legal entity that has subsidiaries.
Subsidiary refers to a firm, a corporation, or other legal entity of which a parent owns:
- directly or indirectly, half or more than half of the entity and controls the entity; or
- owns, directly or indirectly, 50% of a 50-50 joint venture and has equal control and veto power over the entity; or
- owns directly or indirectly, less than half of the entity, but in fact controls the entity.
Branch is an operating division or office of the same organization housed in a different location.
- one of two subsidiaries, both of which are owned and controlled by the same parent or individual; or
- one of two legal entities, owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each company.
You or your employer will need to determine this relationship and be able to demonstrate it with the proper documentation. Documents demonstrating share distribution are a good place to start.
Intra-Company Transferee: Other Important Factors To Consider
Education – Your education should reflect your current position as well as your intended purpose in Canada.
Knowledge– Knowledge in your field should be based on experience with the company and be unique to your occupation. Essentially, not just anyone would be able to accomplish your intended purpose in Canada.
Experience – Your experience or tenure with the company should be comparable to your claims of unique knowledge. If you have only been working of the company for two years, for example, you will need to strongly demonstrate that you have amassed unique or insider knowledge of the company's business in a relatively short amount of time.
Salary – Your intended salary should be comparable to current market standards in the province your company will be operating out of in Canada.
Relevant training – Training you have received could also reflect how you have obtained specialized or in depth knowledge.
Supporting documentation – Your resume, reference letters, proof of completed works etc. should reflect your claims and the factors above.
We Can Help You with Intra-Company Transferee Application!
We have dealt with hundreds of immigration cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save your from hassle.
If you are worried about the legal fees – Don't be! Our goal is to help everyone that is interested in immigrating to Canada. Contact us and we can provide numerous options for you. You can also purchase our very affordable Do it Yourself Immigration Kit which details everything for you. If you are still not sure, feel free to get back to us. We will review your case before you submit it to give you the best possible outcome.
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