Intra-Company Transferees
If a foreign national is eligible for a work permit as an intra-company transferee, their employer or prospective employer will not be required to apply for a Labour Market Impact Assessment (LMIA).
Nonetheless, their employer or prospective employer will be required to file an offer of employment with Immigration, Refugees and Citizenship Canada (Immigration Canada) and pay the employer compliance fee before the foreign national can apply for a work permit under this category.
To qualify for a work permit as an intra-company transferee, a foreign national must demonstrate that they:
- Have been employed by an entity in a foreign jurisdiction on a full-time and continuous basis for at least one year in the past three years;
- Are currently employed in an executive, senior or functional managerial, or specialized knowledge position; and
- Will be assuming a similar position with a company in Canada that has a “qualifying relationship” with the foreign entity (e.g. branch, parent, subsidiary, etc.).
Executive Positions
If a foreign national is applying for a work permit as an intra-company transferee in an executive capacity, they should be able to demonstrate that they:
- Direct the management of the organization or a major component or function of the organization;
- Establish the goals and policies of the organization, component, or function;
- Exercise wide latitude in discretionary decision-making; and
- Receive only general supervision or direction from higher level executives, the board of directors, or shareholders of the organization.
Managerial Positions
If a foreign national is applying for a work permit as an intra-company transferee in a managerial capacity, they should be able to demonstrate that they:
- Manage the organization, a department, subdivision, function, or component of the organization;
- Supervise and control the work of other managers or supervisors or professional employees or they manage an essential function within the organization or a department or subdivision of the organization;
- Have the authority to recommend or take personnel actions (e.g. hiring, terminations, promotions, leave requests, etc.) or function at a senior level within the organization hierarchy or with respect to the function managed; and
- Exercise discretion over the day-to-day operations of the activity or function for which they have the authority.
Specialized Knowledge Positions
If a foreign national is applying for a work permit as an intra-company transferee with specialized knowledge (not under a Free Trade Agreement), they will be required to demonstrate that they have specialized knowledge and meet a prevailing wage requirement. Specialized knowledge is defined as an advanced level of expertise and proprietary knowledge of the company’s product, service, research, equipment, techniques, or management.
If a foreign national does not require a temporary resident visa (TRV) to enter Canada, they may apply for a work permit at a Canadian port-of-entry (e.g. international airport, land crossing, etc.). However, if a foreign national does require a TRV to enter Canada, they must apply for a TRV and a work permit at a Canadian visa office abroad prior to travelling to Canada.
An initial work permit may be valid for up to three years and extensions may be granted in intervals for up to two years subject to the following caps:
- A foreign national who holds a work permit as an intra-company transferee in an executive or managerial position can hold work permits under this category for up to seven years; and
- A foreign national who holds a work permit as an intra-company transferee with specialized knowledge can hold work permits under this category for up to five years.
If a foreign national reaches one of the above caps, they may be eligible to recapture time that they spent outside of Canada during the validity of their work permits and apply that time towards a new work permit or apply for a work permit under a different category. If not, they are required to complete at least one year of full-time employment outside of Canada before they are eligible to apply for a new work permit as an intra-company transferee.