The Intra-Company Transferee is a category under the Canadian International Mobility Program which 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 category must comply with all provisions governing temporary work in Canada, as well as international trade agreements, if applicable. This includes obtaining a work permit and/or Temporary Resident Visa.

In order to qualify, transferees must submit proof that:

• they have held an executive or senior managerial position or can demonstrate Specialized Knowledge;
• they have worked in this position in a foreign company for at least one year on a full-time basis;
• have been offered a position with a Canadian branch, affiliate or subsidiary/parent of the foreign company;
• and meet other specific criteria.

Eligible intra-company transferees need to apply for a work permit even though they are LMIA-exempt. 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. Also, extensions may be granted up to the five- and seven-years.

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