Canada’s International Mobility Program outlines provisions to enable high-skilled foreign nationals to work temporarily in Canada as intra-company transferees. If a foreign national is an employee of a multinational company in a location outside of Canada, they may be eligible to obtain an LMIA-exempt work permit to transfer to one of the company’s locations within Canada. The intra-company transferee rule applies to all countries.

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Work permits acquired through the Intra-company Transfer program are exempt from the requirement to obtain a Labour Market Impact Assessment (LMIA). Although LMIA-exempt, workers, and employers who utilize the Intra-Company Transfer program must comply with all provisions governing temporary work in Canada, including obtaining a Temporary Resident Visa, if applicable. In three years immediately preceding the date of the initial application, transferees must have been employed with the foreign enterprise continuously for at least one year, in a full-time position similar to the position they will be occupying at the Canadian business. The Canadian business will also have to demonstrate a qualifying relationship with its foreign counterpart. Work in Canada must fall under one of the three following functions:

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• Executives and Senior Managers

  • Executive: An employee who primarily directs the management of the enterprise or a major component thereof.

  • Senior Manager: An employee who manages all or part of the enterprise and supervises/controls the work of other managers or professional employees.

• Functional Managers

  • An employee who manages a function that is essential to achieving the company’s goals, but does not necessarily manage employees.

• Specialized Knowledge

  • An employee who can demonstrate specialized knowledge, which in turn means knowledge at an advanced level of expertise and proprietary knowledge of the enterprise's products, services, processes and procedures.

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Foreign businesses wishing to establish a Canadian enterprise may use the Intra-Company Transfer program to bring critical workers to the country for start-up operations. When applying for an ICT Start-Up visa, applicants must demonstrate their company’s ability to become established in Canada, which includes:

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• Evidence that the company can financially support the start-up costs of the operation and has the ability to compensate employees.

• Preparing a business plan that outlines realistic plans for staffing the new operation and doing business in Canada.

• Evidence that physical premises have been secured (or are in the process of being secured).

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The ICT Start-Up program provides a one-year temporary work permit and may be renewed if the companies have maintained a qualifying relationship and have continued to actively do business. The new Canadian operations must also have been staffed.

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Intra-company transferees may apply for work permits under the general provision if they:

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• are currently employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;

• are transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18–24 months can be used as a reasonable minimum guideline);

• are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;

• have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application. Extensions may be granted up to the five- and seven-year maximums referred to in the section Breaks, recaptured time, and duration of work permit limit below and in the section on the categories of work with validity periods which may not be exceeded. Documented time spent outside Canada during the duration of the work permit can be “recaptured” to allow the intra-company transferee five or seven full years of physical presence in Canada;

• are coming to Canada for a temporary period only;

• comply with all immigration requirements for temporary entry.

GUIDELINES WHEN ASSESSING START-UP COMPANIES

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Requirements for the company

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• Generally, the company must secure physical premises to house the Canadian operation, particularly in the case of specialized knowledge. However, in specific cases involving senior managers or executives, it would be acceptable that the address of the new start-up not yet be secured; for example, the company may use its counsel’s address until the executive can purchase or lease a premise.

• The company must furnish realistic plans to staff the new operation.

• The company must have the financial ability to commence business in Canada and compensate employees.

• When transferring executives or managers, the company must

• demonstrate that it will be large enough to support an executive or management functions.

• When transferring a specialized knowledge worker, the company must

• demonstrate that it is expected to be doing business;

• ensure that work is guided and directed by management at the Canadian operation.

 

Duration of work permits

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• Initial work permit: one year

• For renewals, evidence should be provided that

• the Canadian and foreign companies still have a qualifying relationship;

• the new office has engaged in the continuous provision of goods or services for the past year;

• the new office has been staffed.