Intra-Company Transfer Visa

February 28, 2024

Intra-Company Transfer Eligibility Criteria:

  • Current Employment: Applicants must be employed by a multinational company, seeking entry to work in a parent, subsidiary, branch, or affiliate in Canada.
  • Qualifying Relationship: Transferees must be moving to an enterprise with a qualifying relationship, working at a legitimate and ongoing establishment.
  • Occupation Capacity: Positions must be in an executive, senior managerial, or specialized knowledge capacity.
  • Continuous Employment: Transferees must have worked continuously for at least one year (full-time) in the three years preceding the application.
    • Note: Flexibility is applied if the applicant lacks full-time experience; factors like years of experience, position similarity, and part-time extent are considered.
  • Temporary Stay: Transferees are expected to come to Canada for a temporary period only and comply with immigration requirements.

Guidelines for Start-Up Companies:

  • Company Requirements:
    • The company must secure physical premises for the Canadian operation.
    • Realistic plans for staffing and financial capacity to commence business are necessary.
    • For executives or managers, the company must demonstrate it will be large enough to support such functions.
  • Duration of Work Permits:
    • Initial work permit: One year
    • Renewals require evidence of a qualifying relationship, continuous provision of goods or services, and staffing of the new office.

Eligibility Criteria for Managers and Specialized Knowledge:

  • Recent corporate acquisition or merger may waive the one-year work requirement.
  • Presence in one of the affiliates for at least one year in the previous three years is acceptable.

Intra-Company Transfer Work Permit Duration:

  • Recaptured time: Documented time not working (inside/outside Canada) during the permit duration can be “recaptured.”
  • Recaptured time duration cannot exceed the specific intra-company transferee cap (seven years for managers/executives, five years for specialized knowledge workers).

Intra-Company Transfer Post-Work Permit Duration:

  • After reaching the maximum duration, one year of full-time employment outside Canada is required before reapplying.

Documentation Requirements:

  • Confirmation of current employment and continuous employment for at least one year.
  • Details of the applicant’s position and job description.
  • Outline of the position in Canada and the relationship between the Canadian and foreign organizations.

Harmonization with NAFTA:

  • Requirements ensure consistency in human resource planning and simplify administration for employers and immigration officers.

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