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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