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If you are a staff member or employee of a foreign company that has branches, offices or subsidiaries in Canada, you may be able to obtain a Canadian work permit through the program for people transferred within a company also called Intra-Company Transfer Program.
Only foreign companies that have branches in Canada have the opportunity to apply for the International Mobility Program and make an intra-company transfer for one of their employees.
This process, if successful, leads the personnel concerned to work under the Canadian branch of the company that qualifies there.
Intra-company transfer is a work permit exempt from LMIA. As a result, employers who bring foreign staff in Canada as intra-company transferees are exempt from the requirements for a Labour Market Impact Assessment (LMIA). This makes the process much easier, faster and more cost-effective.
The workers for whom a work permit can be obtained are:
Executives and managers are defined as follows:
Workers with specialized knowledge are defined as follows:
In assessing this know-how or knowledge, officers assess:
Eligible intra-business transferees provide a significant economic advantage in Canada through the transfer of their technical know-how, skills and expertise to the Canadian labour market.
Intra-company transferees may apply for a work permit under the general provisions if they meet the following conditions:
If it is a company recently affected by an acquisition or merger, the applicant does not have to have worked for a year for the company from which he or she is transferred. It is sufficient that he has worked for one of the affiliates for at least one year in the previous three years, provided that the new “successor entity” can demonstrate that it has assumed the interest, obligations, assets and liabilities of the original owner, and engages in the same type of activities as the original owner.
The following documents are required:
After the maximum duration of their work permit, people who have been transferred within a corporation (seven years for executives and managers, and five years for workers with specialized knowledge) must work full-time for one year with the corporation outside of Canada if they wish to apply again as a intra-company transferee. This requirement applies to all intra-corporate transferees, whether they entered Canada under the general provisions of paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR) or the provisions of paragraph R204(a) on international agreements. This requirement also applies to foreign nationals who wish to change a work permit that was issued under paragraph R205(a) to a work permit issued under paragraph R204(a).
It should be noted that spouses of work permit recipients under this program may also benefit from an open work permit covering the period of the conjugal partner’s work permit. Children can benefit from a visitor’s permit.