Intra Company Transferee- Work Permit (LMIA EXEMPT) [R205(a)]
Multinational companies may be able to send their staff to work at their Canadian location through an Intra Company Transfer (ICT).
This option is available to companies that have a parent, subsidiary, branch or affiliate location that is operational in Canada.
Also, the occupation in Canada may only be for executives and senior managers, functional managers, or an employee who can demonstrate specialized knowledge of the company’s products, services, processes and procedures.
Under the Intra-Company transfer program, foreign workers must fall into one of three defined categories (executive, senior manager, and worker with specialized knowledge).
Executive
A position must meet some or all the following criteria to meet the definition of executives:
- 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.
- Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization/company.
Senior Manager
A position must meet some or all the following criteria to meet the definition of Senior Manager:
- Manages the organization/company, or a department, subdivision, function, or component of the organization.
- Supervises and controls the work of other supervisory, professional, or managerial 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 those, as well as other, personnel actions (such as promotion and leave authorization); if no other employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed.
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has the authority.
Specialized Knowledge
A position having “specialized knowledge” requires both proprietary knowledge and advanced expertise.
Proprietary Knowledge: “Company-specific expertise related to a company’s product or services. It implies that the company has not divulged specifications that would allow other companies to duplicate the product or service.”
Advanced Expertise: “Specialized knowledge gained through significant (i.e., the longer the experience, the more likely the knowledge is indeed “specialized”) and recent (i.e., within the last 5 years) experience with the organization and used by the individual to contribute significantly to the employer’s productivity.”
General Requirements
- Foreign national should be currently employed by a multinational enterprise outside Canada.
- Foreign national should be employed (via payroll or by contract) continuously for full-time (not accumulated part-time) by the enterprise outside Canada, in a similar full-time position, for at least one year within the three-year period immediately preceding the date of the initial application.
- Details of the applicant’s position in an executive or managerial capacity or one involving specialized knowledge (i.e. position, title, place in the organization, job description)
- Generally, Work permit under ICT is granted for One year. Subsequent renewals are possible subject to maximum work permit duration (seven years for executives and senior managers, and five years for specialized knowledge workers).
We have gained a versatile experience in handling Intra Company Transfers and our team ensure entire process of Intra company transfer is completed diligently and efficiently.
COMPANY Requirements
- 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 executive or management function.
- When transferring a specialized knowledge worker, the company must demonstrate that it is expected to be doing business and ensure that work is guided and directed by management at the Canadian operation.
Processing Time
Average processing time for the Intra-Company Transfer is 2 to 10 weeks but there are priority processing options. Those who are qualified for the 2-week processing time will get the Intra-Company Transfer visa within 2 weeks. This priority processing option is for visa-exempt countries (biometrics processing is not included in these 2 weeks).