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What are guidelines for Intra-Company Transfers?
Intra-Company Transfers are covered under Canada’s International Mobility Program guidelines which helps companies and businesses to transfer their high-skilled foreign nationals from other countries to Canada as intra-company transferees. Intra-company transferees are eligible for LMIA-exempt work permit, and, thus, a company willing to transfer its employee from foreign branch to Canada, can do the same by applying for a work-permit for its employee without applying for Labour Market Impact Assessment.
Eligibility requirements for Intra-Company Transfers
- The transferee of the multinational company must be already working in Company's foreign subsidiary or branch.
- There must be qualifying relationship between company in Canada and its foreign branch or subsidiary.
- The employee must work in Canada in either executive level, senior managerial level, or in a position requiring specialized knowledge.
- The transferee must have been employed full-time with the company in Canada at its foreign branch, for at least 1 year in the last 3 years.
- The foreign employee must be able to establish mission, vision, goals and policies of the organization.
- The foreign employee must have high discretionary decision making freedom within the company.
- The foreign employee must receive minimal supervision from higher level authorities such as board of directors and stockholders of the organization.
- The foreign employee must be responsible for giving direction to the organization management.
- The foreign employee must have authority to recruit, remove or recommend the employees working under him.
- The foreign employee must be responsible for various personnel action in respect to the subordinate staff such as promotion, leave authorization etcetera.
- The foreign employee must have freedom to decide for day-to-day operations within the organization.
- The foreign employee must be responsible for managing a department or division or sub-division or any component of the organization.
- The foreign employee must be responsible for supervising and controlling work of other supervisory, professional, or managerial employees.
Specialized knowledge can be further divided into following 2 aspects:
- Proprietary Knowledge: This refers to expertise of foreign national in matter related to company's products and services. This knowledge is available only with the company and not available with other competitors in the market.
- Advanced Expertise: This expertise refers to knowledge which has been gained by the foreign national through working exclusively in a company, for over longer periods of time, within the last 5 years. This advanced knowledge of the foreign employee must help employer significantly for increasing his products or services.
- Canadian company and foreign company must have parent, subsidiary, branch or affiliate relationship.
- The company in Canada must be actively involved in business on day-to-day basis.
- The foreign company must also be actively involved in business on day-to-day basis.
- Work-permit can be issued for 3 years, unless the Canadian company is opening a new office in Canada for which the intra-company transfer is being made.
- If a new office is being set up then the work permit is for one year, which can be renewed for two years.
- For executives and senior managers, further extension of work permit is possible for maximum of 7 years.
- For specialized knowledge workers, further extension of work permit is possible for maximum of 5 years.
- If a transferee has reached maximum work permit duration of 7 years or 5 years, then the transferee must complete one year of full-time employment in the same company outside Canada at its foreign branch, and, then again re-apply for Intra Company Transfer To Canada.
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