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INTRA-COMPANY TRANSFEREE LAWYER

The intra-company category facilitates the temporary relocation of qualified employees from international firms to Canada, aiming to enhance management effectiveness, promote Canadian exports, and bolster competitiveness in global markets. Qualified intra-company transferees necessitate work permits and benefit from an exemption from the Labour Market Impact Assessment (LMIA) under paragraph R205(a) (exemption code C12). This exemption, applicable to foreign nationals from any country, including those covered by the General Agreement on Trade in Services (GATS), is granted due to the significant economic contributions these transferees make to Canada by sharing their expertise with Canadian businesses. Furthermore, Paragraph R204(a) introduces LMIA exemption code T24 for qualified intra-company transferees who are citizens of countries that have entered into a free trade agreement (FTA) with Canada, such as NAFTA (and similar FTAs). This provision complements the general provisions of the Immigration and Refugee Protection Act.

ELIGIBILITY FOR APPLYING FOR WORK PERMIT UNDER GENERAL PROVISION

Intra-company transferees are eligible to apply for work permits under the general provision if:

  • They are presently employed by a multinational corporation and intend to work in a parent, subsidiary, branch, or affiliate of that enterprise.
  • The transfer should be to an enterprise with a qualifying relationship to the one where they are currently employed, involving employment at a legitimate and ongoing establishment (with a suggested minimum guideline of 18–24 months).
  • The transferees must be moving to a role in an executive, senior managerial, or specialized knowledge capacity.
  • Additionally, they should have a continuous employment history of at least one year within the preceding three-year period with the company planning the transfer, working in a similar full-time position (not cumulative part-time). Extensions may be granted up to the five- and seven-year maximum, taking into account breaks and recaptured time during the work permit duration.

If the applicant lacks full-time work experience with the foreign company, various factors are considered prior to the refusal, including the number of years of work experience, the nature of the positions, and potential signs of misuse of the intra-company transferee provision. Moreover, applicants must be coming to Canada for a temporary period, adhering to all immigration requirements for temporary entry.

DOCUMENTS REQUIRED

  • Confirmation that the foreign national is presently employed by a multinational enterprise outside Canada, intending to work in a parent, subsidiary, branch, or affiliate of that enterprise within Canada.
  • Confirmation that the foreign national has sustained continuous employment (full-time, not cumulated part-time) with the enterprise outside Canada in a comparable full-time role for a minimum of one year within the three-year period preceding the initial application date.
  • Detailed presentation of the applicant’s role in an executive or managerial capacity, or one involving specialized knowledge, encompassing position, title, organizational placement, and job description.
  • For roles involving “specialized knowledge,” submission of evidence affirming the individual’s possession of such knowledge and the necessity of this knowledge for the Canadian position.
  • Brief about he position in Canada, including the position, where the organisation is situated, and the job description.
  • Elaboration on the intended duration of the stay.
  • Description of the relationship between the enterprise in Canada and the foreign enterprise, with the potential for the officer to request tangible proof establishing this relationship.
  • Any other documents specifically required.

WORK PERMIT DURATION

The initial work permit is granted for one year. For subsequent renewals, it is essential to furnish evidence confirming the ongoing qualifying relationship between the Canadian and foreign companies. Additionally, documentation must attest to the new office’s sustained provision of goods or services over the past year and its staffing during this period. These requirements ensure the continued eligibility of the work permit and affirm the active engagement and development of the new office.

SERVICE BREAKS

Occurrences such as breaks in Canadian service can be navigated for consideration under the intra-company transferee category, provided foreign nationals have engaged in an assignment with a branch of the same company in a foreign jurisdiction for at least 12 months. This applies to both NAFTA applicants (exemption code T24) and specialized knowledge applicants (exemption code C12).

RECAPTURING TIME

Recaptured time, which includes periods not actively working, either within or outside Canada during the work permit’s duration, can be reclaimed. This recaptured time enables intra-company transferees to accumulate five or seven full years of physical presence in Canada, beyond the standard calculation based on the work permit’s duration.

It is important to note that recapture is not applicable for time periods of less than 30 consecutive days. The recaptured time’s duration is capped and aligns with the specific limits for each type of intra-company transferee, namely seven years for managers or executives and five years for specialized knowledge workers.

DURATION OF WORK PERMIT

Upon reaching the maximum work permit duration (seven years for executives and senior managers, and five years for specialized knowledge workers), intra-company transferees are required to complete one year of full-time employment with the company outside Canada if they intend to reapply as intra-company transferees. This prerequisite, present in NAFTA, is applicable to all intra-company transferees, irrespective of whether they enter under the general provisions of paragraph R205(a) of the Immigration and Refugee Protection Act or under the international trade agreement provisions of paragraph R204(a). It also extends to foreign nationals seeking to transition from a work permit issued under paragraph R205(a) to one issued under paragraph R204(a). The alignment of NAFTA and the general provisions aims to facilitate human resource planning for employers and streamline the administration of intra-company transferee provisions for foreign nationals, immigration officers, and visa officers.

GET LEGAL HELP

Securing legal assistance when applying for intra-company transferee status to Canada is crucial due to the intricate nature of immigration laws and the nuanced requirements specific to this category. Immigration lawyers bring a comprehensive understanding of the latest regulations, ensuring that the application aligns with the necessary criteria and mitigating the risk of errors or omissions. Given the complexity of documentation and eligibility conditions, legal professionals can provide personalized guidance, navigating potential challenges and enhancing the precision of the application. Their expertise in immigration law ensures compliance with evolving regulations, increasing the likelihood of a successful outcome and expediting the application process, while also addressing any unforeseen complexities that may arise during the evaluation process.

CONCLUSION

In conclusion, the Intra-Company Transferee program stands as a strategic avenue facilitating the temporary relocation of qualified international employees to Canada, fostering enhanced management effectiveness, supporting Canadian exports, and bolstering global competitiveness.

The eligibility criteria for obtaining a work permit under the general provisions underscore the importance of a qualifying relationship between the Canadian and foreign companies, sustained employment history, and a specific role in executive, senior managerial, or specialized knowledge capacities. The documentation requirements, work permit duration considerations, and allowances for service breaks and recaptured time provide a comprehensive framework for navigating this category.

It is noteworthy that seeking legal help is strongly advisable, given the intricate nature of immigration laws, the evolving regulatory landscape, and the need for precise and error-free applications. Immigration lawyers can provide invaluable support, ensuring compliance with the latest regulations, enhancing the application’s accuracy, and addressing unforeseen complexities, ultimately increasing the likelihood of a successful outcome in the Intra-Company Transferee process to Canada.

At Kozyrev Law, we understand the intricacies of the Intra-Company Transferee program and are committed to providing exceptional legal assistance to streamline your application process. Our experienced team specializes in navigating the complex landscape of immigration laws, carefully aligning your application with the latest regulations and meeting the specific criteria of the Intra-Company Transferee category. We offer personalized guidance, addressing the unique challenges associated with documentation, eligibility conditions, and potential complexities during the evaluation process. With our expertise, we aim to increase the precision of your application, mitigate the risk of errors, and enhance the overall likelihood of a successful outcome. Trust Kozyrev Law to guide you through the complexities of the Intra-Company Transferee process, providing peace of mind and expert assistance every step of the way.

Note: The information presented in this article is not intended to constitute legal advice. It is recommended to refer to official government publications and guidelines for accurate and up-to-date information. For obtaining legal advice tailored to the specific circumstances of your case, it is advised to consult with a qualified professional.

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