The provisions for allowing highly skilled foreign people to work temporarily in Canada as intra-company transferees are outlined in the International Mobility Programe of Canada. A foreign person working for a multinational corporation may be qualified to transfer to one of the company’s locations in Canada with the use of an LMIA-exempt work permit. In all nations, the intra-company transferee rule is applicable.
To qualify for an LMIA exemption as an intra-company transferee, both the individual and the company must meet a number of criteria.
Employee Requirements in General
Must be employed by a global corporation wanting to work in Canada at a parent, subsidiary, branch, or affiliate.
In Canada, the enterprise must have a qualifying relationship, as defined below.
The individual must be applying to work in Canada in a capacity at the executive, senior managerial, or specialized knowledge level.
Must have worked for the company for at least one year (full-time) in the previous three years.
Please keep in mind that the International Mobility Programmer uses the following definitions from the North American Free Trade Agreement (NAFTA) to determine executive competence, senior managerial capacity, and specialized knowledge:
A post must have some or all of the following qualities to be considered executive in nature:
#directs the organization’s management or a main component or function of the organization
#establishes the organization’s, component’s, or function’s goals and policies
#has broad discretionary decision-making authority; and
#receives only general oversight or direction from higher-level executives, the board of directors, or the organization’s owners.
Capability as a Manager
A job must have some or all of the following qualities in order to meet the definition of management capacity:
#oversees the organisation or one of its departments, subdivisions, functions, or components
#supervises and oversees the work of other supervisory, professional, or management personnel, or manages a vital function inside the organisation, or a department or unit thereof
#has the authority to recruit and dismiss, as well as recommend other personnel actions (such as promotion and leave authorization); if no other employee is directly supervised, functions at a senior level within the organisation hierarchy or with relation to the function managed; and
#has authority over the day-to-day operations of the activity or function for which the employee is responsible.
A position must require both proprietary knowledge and advanced expertise to match the definition of specialized knowledge. According to NAFTA, these are as follows:
Proprietary Knowledge: “knowledge specific to a company’s products or services.” It suggests that the company has not disclosed specifications that would allow other businesses to replicate the product or service.”
Advanced Expertise: is defined as “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 significantly contribute to the employer’s productivity.”
General Requirements of a Multinational Corporation
#The link between the enterprise outside of Canada and the enterprise within Canada must be one of the following: parent, subsidiary, branch, or affiliate.
#The two companies must be conducting business. This indicates that they provide goods and services on a regular and ongoing basis. Simply having a location in Canada will not suffice to meet this requirement.
If an applicant fits the above-mentioned conditions, they are able to apply for an LMIA-exempt work permit. Work permit applications may be submitted at a Canadian Port of Entry (POE), at the relevant Visa Application Centre (VAC), and/or online, depending on the country of residence and citizenship of the foreign person.
Certain countries have developed trade agreements with Canada, providing Intra-Company Transferees with additional options. Foreign nationals from North American Free Trade Agreement (NAFTA) or Canada-European Union Comprehensive Economic and Trade Agreement (CETA) countries should examine those agreements for additional possibilities.
If you have the mentioned conditions or you have decided to immigrate but you don’t know which method is right for you, you can complete the Parsis initial evaluation form so that after your conditions have been reviewed and confirmed by the Parsis team of lawyers, one of our experts will contact you as soon as possible .
You can also communicate with Parsis through the communication methods listed on the site.