The Intra-Company Transfer Program Canada has a number of programs put in the place to facilitate the entry of temporary foreign workers, who benefit the Canadian economy. One such program is the Intra-Company Transfer (ICT) program through this program; foreign enterprises with a presence in Canada may transfer workers to their Canadian offices on a temporary basis.
The ICT program is broken into three streams. They are:
Intra Company Transfer work permit
The Canadian Intra Company Transfer work permit is similar in some respects to the UK's Tier 2 (Intra Company Transfer) visa and the US L1 intra company transfer visas in that it allows international companies to transfer workers from their overseas operations to Canada. Qualifying workers must have worked for at least one year, full time, for their employer.
Please note that the Canadian Intra Company Transfer work permit is not a visa. Once a foreign worker has received his/her work permit, he/she must then apply to CIC for a temporary residence visa.
A specialized worker must now demonstrate 'knowledge at an advanced level of expertise' AND 'proprietary knowledge of the company's product, service, research, equipment, techniques or management'.
What Are The Criteria?
The following three criteria must be fulfilled in order to qualify for an Intra- Company Work Permit:
• The employee must presently be working for a company outside of Canada, having at least one year of experience with that company within the three years preceding the transfer.
• The employee must have experience working as a specialized knowledge worker or as an executive/senior manager and be entering Canada in order to adopt a similar role.
• The employee must be transferred to a parent branch, subsidiary, or affiliate of his/her foreign-based employee.
What This Means for Applicants
Intra-Company Transferees continued to be welcome to the country through the Temporary Foreign Worker Program. It is important that those individuals who are transferred to Canada are truly a benefit to the Canadian economy, and they possess critical knowledge. Individuals wishing to work in Canada should be aware that while intra-Company transfer may be a good option, there are several programs currently in place to facilitate entry that may also suit their needs. There are many others ways for skilled workers to come and work in. Canada has diverse labor market, with options for employees in a wide array of fields. Canada has many programs in place to welcome its foreign workers.
The following documentation is required:
• confirmation that the foreign national is currently employed by a multi-national enterprise outside Canada, and seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise in Canada;
• confirmation that the foreign national has been employed (via payroll or by contract) continuously (full-time, not accumulated part-time) by the enterprise outside Canada, in a similar full-time position, for at least one year within the three-year period immediately preceding the date of initial application;
• outline of the applicant’s position in an executive or managerial capacity or one involving specialized knowledge (i.e. position, title, place in the organization, job description);
• in the case of “specialized knowledge”, evidence that the person has such knowledge and that the position in Canada requires such knowledge;
• outline of the position in Canada (namely, position, title, place in the organization, job description);
• indication of intended duration of stay; and
• Description of the relationship between the enterprise in Canada and the enterprise in the foreign country (the officer may request tangible proof to establish the relationship between the Canadian and foreign organization wishing to make the transfer).
How To Ensure You Qualify
In order to determine whether the Intra-Company Transfer Work Permit is the appropriate choice for you or your employees, it is vital to carefully evaluate your situation.
For further information with respect to U.S. and Canadian immigration or to find out if you or a company employee is eligible for temporary or permanent relocation to Canada or the U.S., we invite you to contact our experienced immigration Team.