The Intra-Company Transferee is a category under the Canadian International Mobility Program and Free-Trade Agreements such as NAFTA, CETA, Chile, Peru, Colombia and Korea FTAs. This category allows international companies to temporarily transfer qualified employees and professionals to a parent company, branch, subsidiary or affiliate company in Canada.Work Permits acquired through this category are exempt from the requirement to obtain a Labour Market Impact Assessment (LMIA). Workers and employers who utilize the Intra-Company Transfer program must comply with all provisions governing temporary work in Canada, as well as the relevant FTA.

Eligible intra-company transferees need to apply for a work permit even though they are LMIA-exempt. However, the application process is expedited because it can be completed at the port of entry (POE).

The Canadian business will have to demonstrate a qualifying relationship with its foreign counterpart and its employee. Accompanying spouses of the employee may be eligible to apply for an open-work permit. Dependants may also be eligible for study permits.

Foreign companies wishing to establish a Canadian branch may use the Intra-Company Transferee category to bring key workers to Canada for start-up operations. Though intra-company transferees are not required to re-locate to Canada, they are expected to actually occupy a position within the Canadian branch of the company.

To know more about the requirements for this type of work permit, the steps in the application process at a visa office or point of entry, or if your work permit application has been refused,please CONTACT US to schedule a legal consultation.