Intra-Company Transfers
Your Guide to Obtaining an Intra-Company Transfer Work Permit for Canada
Intra-Company Transfers
At AMH Immigration, led by Mastaneh Shahlaei, we specialize in helping highly skilled foreign nationals navigate the process of obtaining an Intra-Company Transfer Work Permit for Canada. If you’re employed by a multinational company and looking to transfer to one of its Canadian locations, our expert team will ensure your application is seamless and successful. The Intra-Company Transfer stream, part of Canada’s International Mobility Program, allows you to work in Canada without the need for a Labour Market Impact Assessment (LMIA), streamlining the process.
Ready to get started? Complete the form for a free consultation, and we’ll reach out to guide you every step of the way.
Intra-Company Transfers
The International Mobility Program in Canada lays out regulations facilitating temporary work for highly skilled foreign nationals as intra-company transferees. If an individual works for a multinational company outside of Canada, they may qualify for an LMIA-exempt work permit to transfer to one of the company’s locations within Canada. This rule for intra-company transferees applies universally, encompassing all countries.
In Canada, the majority of foreign nationals seeking employment must obtain a Canadian work permit, usually requiring a positive Labour Market Impact Assessment (LMIA) from a Canadian employer. However, the intra-company transfers stream within the International Mobility Program offers an avenue for foreign nationals to secure a work permit without the need for an LMIA.
To be eligible for an LMIA-exemption as an intra-company transferee, both the employee and the company need to fulfill specific criteria.
General Requirements for the Employee:
- Employed by a multinational company intending to work in Canada at the company’s parent, subsidiary, branch, or affiliate.
- The Canadian enterprise must have a qualifying relationship as specified below.
- Applying to work in Canada in an executive, senior managerial, or specialized knowledge position.
- Must have been employed full-time with the company for at least one year within the past three years.
The International Mobility Program adopts the definitions outlined in the North American Free Trade Agreement (NAFTA) for identifying executive capacity, senior managerial capacity, and specialized knowledge as described below:
Executive Capacity:
To qualify as having executive capacity, a position must fulfill some or all of the following criteria:
- Direct the management of the organization or a significant component or function.
- Establish goals and policies for the organization, component, or function.
- Exercise considerable discretion in decision-making.
- Receive general supervision or direction from higher-level executives, the board of directors, or shareholders of the organization.
Managerial Capacity
To satisfy the definition of managerial capacity, a position must fulfill some or all of the following criteria:
- Manages the organization, a department, subdivision, function, or component thereof.
- Supervises and oversees the work of other supervisory, professional, or managerial employees, or manages a critical function within the organization or a department/subdivision.
- Holds the authority to make personnel decisions such as hiring, firing, and recommending promotions or leaves; if no direct supervision is involved, operates at a senior level within the organization’s hierarchy or concerning the managed function.
- Exercises discretion in the day-to-day operations of the activity or function over which the employee has authority.
Specialized Knowledge
To fulfill the definition of specialized knowledge, a position must necessitate both proprietary knowledge and advanced expertise, which are defined as follows under NAFTA:
- Proprietary Knowledge: Refers to company-specific expertise related to a company’s products or services, implying that the company has not disclosed specifications enabling other companies to replicate the product or service.
- Advanced Expertise: Denotes specialized knowledge acquired through substantial experience (with the understanding that the longer the experience, the more likely the knowledge is genuinely specialized) and recent experience (within the last 5 years) with the organization. This expertise is utilized by the individual to make significant contributions to the employer’s productivity.
General Requirements for Multinational Companies
- To be eligible for certain work permits in Canada, both the foreign enterprise and the Canadian enterprise must have one of the following relationships: parent, subsidiary, branch, or affiliate.
- Both enterprises must be actively conducting business, meaning they are consistently providing goods and services. Simply having a presence in Canada isn’t sufficient to fulfill this criterion.
Once these requirements are met, applicants can proceed to submit a work permit application for an LMIA-exempt permit. Depending on the applicant’s country of residence and citizenship, applications can be made at a Canadian Port of Entry (POE), the relevant Visa Application Centre (VAC), and/or through online channels.
Additionally, specific countries have trade agreements with Canada that offer further options for Intra-Company Transferees. Individuals from countries covered by agreements such as the North American Free Trade Agreement (NAFTA) or the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) should explore these programs for additional opportunities.
At AMH Immigration, we ensure your application is complete, compliant, and backed by expert strategy.
What is an Intra-Company Transfer Work Permit?
An Intra-Company Transfer Work Permit allows foreign nationals to transfer to a Canadian branch, subsidiary, or affiliate of the company they work for outside of Canada. It is part of Canada’s International Mobility Program and is exempt from the Labour Market Impact Assessment (LMIA) requirement, provided the employee and company meet specific eligibility criteria.
What are the eligibility requirements for an Intra-Company Transfer?
To qualify for an Intra-Company Transfer Work Permit, the employee must:
Have been employed by the company for at least one year in a similar role.
Be coming to Canada to work in a managerial, executive, or specialized knowledge capacity.
The company must be operating in both Canada and abroad as a parent, subsidiary, branch, or affiliate.
The employee must continue to be employed by the company abroad during their assignment in Canada.
Do I need an LMIA for an Intra-Company Transfer?
No, you do not need a Labour Market Impact Assessment (LMIA) for an Intra-Company Transfer. This work permit is LMIA-exempt, which significantly simplifies the process of obtaining permission to work in Canada.
How long can I stay in Canada with an Intra-Company Transfer Work Permit?
The duration of your Intra-Company Transfer Work Permit depends on the nature of your transfer. For employees in managerial or executive roles, the work permit can be valid for up to 7 years. For employees with specialized knowledge, the permit is typically valid for up to 5 years. Extensions are possible based on the terms of the transfer and the employee’s ongoing role.
Can my family accompany me on an Intra-Company Transfer?
📝 Ready to Begin Your Intra-Company Transfer Journey?
Your path to obtaining an Intra-Company Transfer Work Permit in Canada starts with AMH Immigration. Let us guide you through the process with expert advice, care, and personalized support.
👉 Fill out our online consultation form, and one of our licensed consultants will reach out to provide a tailored assessment of your application.
📞 Want to speak directly? Call us today to schedule your private consultation.
