Intracompany Transfer to Canada
Intra-company transfers to Canada offer a pathway for employees of multinational corporations to work in Canada pursuant to a work permit. Toronto immigration lawyers can guide applicants through the process of applying for these permits. Individuals who have been employed by a company outside Canada for at least one year in the past three years can qualify for a work permit to transfer to a related entity in Canada. This is applicable regardless of the applicant’s citizenship or whether their country of citizenship is part of a treaty with Canada. Companies with a parent, subsidiary, branch, or affiliate office abroad can apply for work permits on behalf of employees transferring to a similar position in a Canadian office, provided the employee holds a senior managerial, executive, or specialized knowledge role.
Intra-company transfers fall into two categories: FTA (Free Trade Agreement) and non-FTA. Employees from countries with a Free Trade Agreement (FTA) with Canada can apply for a work permit under the specific provisions of the agreement. On the other hand, employees from countries without an FTA must apply under the general Intra-Company Transfer (ICT) rules. These transfers often involve stricter eligibility requirements, and the company must demonstrate that it has a parent, subsidiary, affiliate, or branch relationship with the Canadian entity in addition to having other entities in countries aside from Canada and the “sending” country. Guberman // Appleby’s Canada immigration lawyers are crucial in helping businesses meet these requirements.
For companies in non-FTA countries, these entities must be Multinational Corporations (MNCs). Simply establishing a business presence in Canada is no longer sufficient for the purposes of a non-FTA intra-company transfer application; the company must show that it operates in at least one other country and generates international revenue. Companies opening their first foreign office in Canada do not qualify as MNCs. Guberman // Appleby Immigration lawyers in Toronto can help multinational companies demonstrate ongoing cross-border operations to ensure their eligibility for intra-company transfers.
Canadian Immigration Lawyer - Supporting Intracompany Transferees
As your Canadian immigration lawyer, Guberman // Appleby Immigration Lawyers is able to assist you in making an application for a work permit as an intracompany transferee. We have many years of experience doing so and have helped countless companies and employees successfully obtain a work permit in Canada as an intracompany transferee – contact us today.
Intracompany Transfer FAQ
The intra-company transfer work permit category enables multi-national companies to transfer qualified foreign national employees from a foreign parent branch or subsidiary of an international company to a Canadian branch or subsidiary. Applicable to citizens of all countries, the intracompany transfer work permit is one of the streams of Canada’s International Mobility Program.
Yes it can. Successful applicants who are granted an ICT work permit are permitted to bring their families, including their partner and children, to Canada for the duration of their employment period in the country. Spouses are eligible for an open work permit to seek employment in Canada, and children can attend school.
Intracompany transfer work permits are exempt from the LMIA process.
Yes, it is certainly possible for intracompany transferees to become permanent residents of Canada. Individuals working in Canada on an intracompany transfer are often eligible to apply to permanent residence in Canada after attaining one year of Canadian work experience. After attaining one year of work experience in Canada, foreign nationals will qualify to apply for permanent residence in the Canada Experience Class and submit their information to the Express Entry pool. Coupled with a permanent job offer, foreign nationals on an ICT work permit can increase their Comprehensive Ranking System (CRS) score, thus improving their chances of receiving an Invitation to Apply and being selected to apply for permanent residence in Canada.