Intra Company Transferee Work Permit
Intra-Company Transferee Work Permit: Foreign Subsidiary
A modern economy relies heavily on a skilled workforce as well as foreign investment. As a result, Canada invites international corporations to invest in the country. Naturally, the government permits particular important professionals from other nations to work in Canada temporarily. These types of agreements allow foreign companies to expand in Canada. They will undoubtedly contribute to the economic growth and employ Canadians. The Intra Company Transferee program allows foreign firms with a branch or subsidiary in Canada to recruit important personnel from other countries to work in the country of a maple leaf. The obligation to submit a Labor Market Impact Assessment (LMIA) is waived for work permits granted under this program. Regardless of the LMIA exception, individuals and employers that use the Intra Company Transferee program must follow all work-in-Canada rules, including acquiring a temporary resident visa if necessary. Applicants must have at least one year of experience working for a foreign company and intend to immigrate to Canada to work for a Canadian branch doing similar work. The major objective of this immigration program is to allow international businesses to temporarily move their personnel to Canada in order to enhance the efficiency of new division management, boost Canadian exports, and strengthen Canadian companies' competitiveness in international markets.
Firstly, an individual must work for a foreign company's subsidiary that engages in commercial operations such as a business hiring staff, paying taxes and renting the office. Employees of subsidiaries formed under this scheme may be eligible for Intra-Company Transferee Work Permit, if their employment with a newly formed business in Canada is likely to benefit the company's operations and the Canadian economy as a whole. The foreign workers are covered by the Intra-Company Transferee work permit under one of two main categories: trade agreements or Canadian interests. This article will explain the approach of Intra Company Transferee work permits and summarize the regulations issued by the government of Canada.
Intra-company transferees, who are currently employed by a multinational corporation and wish to work in a parent, subsidiary, branch, or affiliate of that corporation may apply for Intra Company Transferee Work Permit under the general rule. Several criteria must be satisfied to be eligible to apply for the Intra Company Transferee program.
Intra-Company Transferee Work Permit: Position
The second condition is the position, which an applicant will take. A job must be in management roles in Canada, or the individual must have specialized expertise and provide some sort of know-how. A person can work as a senior manager, a supervisor or an executive. Due to the general management character of the job, the employee must have the authority to make choices and manage the company's activities. Middle managers are not included in this group since management roles are often linked with planning, organizing, directing, and running the entire company. In the Intra-Company Transferee Work Permit immigration program, specialized knowledge presupposes that the worker has specific skills and knowledge in a highly specialized or narrow field and that the information he or she possesses is critical to the enterprise's performance. For example, knowledge of the unique production processes and procedures used by the enterprise’s operations management or production factories. In addition, to acquire a work visa for a foreign worker, a Canadian employer must establish a highly qualified relationship with both his foreign counterpart and his employee. It means that a dependent business connection between a Canadian subsidiary and a foreign firm outside of Canada is required. In return, the employee must have spent at least one of the previous three years working for the parent (non-Canadian) firm.
Depending on newcomers’ place of citizenship, applicants may be able to apply under different intra company transferee rules in addition to Canada's domestic framework of the Immigration and Refugee Protection Regulations under free trade agreements (FTAs). Officers, on the other hand, shall process applicants in accordance with the laws under which they have asked to apply. Such agreements as NAFTA, CETA, FTAs with Chile, Colombia, Peru and Korea provide LMIA exemptions. If an applicant’s and a company’s country of origin has an FTA, then this fact may ease the application process. For instance, if there is an FTA, the employer must give evidence that the employee worked in a similar occupation for that business for a continuous period of one year (full-time)—or six months under the Canada–Peru agreement— within the 3 years immediately preceding the first application. In general rules, the company must provide payrolls, descriptions of a role, explanation of duties, financial statements and compensations and proof that both businesses are in operation and have a qualifying relationship with each other. The rules of the Intra Company Transferee work permit for people who belong to FTAs can be found on the official website.
The individuals, who get the Intra-Company Transferee Work Permit can come to Canada on a temporary basis. The initial term of Intra-Company Transferee Work Permit for both management positions and specialists, who represent a company, is three years. For people, who come to Canada to perform in a start-up it will be valid only one year. Each candidate is normally given a one-year work permit by the immigration officers. The initial permission for working in the country, however, may be valid for up to three years, depending on the conditions. An individual can, of course, ask for an extension whether the officer gives a one-year or three-year work permit. Nonetheless, such work licenses are only valid for a maximum of seven years for management jobs and five years for specialist personnel. If Intra-Company Transferee Work Permit Holder wants to reapply as an intra company transferee after their maximum work permit period has expired, they must work full-time for the firm outside of Canada for one year. This obligation, which is part of NAFTA, applies to all the intra company transferee program applicants, regardless of whether they join under the general terms of the Immigration and Refugee Protection Act or the requirements of an international trade agreement. It also applies to foreign nationals who seek to change their work documents from the Canadian interests category to the international arrangements type of permit.
Multinational businesses wanting to establish operations in Canada must meet extra criteria. Applicants must demonstrate their company's capacity to establish itself in Canada when applying for an Intra Company Transferee Start-Up visa. Entrepreneurs, who want to use Intra-Company Transferee Work Permit to get a work visa must first register their business in Canada. They must also provide a thorough business plan with financial predictions and a hiring strategy. Their previous company must also function for at least 12 months in another nation. The possibility to get a work permit without the requirement for an LMIA is the major benefit of this approach. In general, the company's Canadian business must be housed in secure physical premises. The business must demonstrate that it can have realistic staffing projections for the new company, as well as the financial means to start doing business in Canada and compensate personnel. The firm must also be able to cover its expected operational expenses. As a result, it is essential to demonstrate that the business has the necessary financial health to operate in Canada by providing supporting documents such as the previous year's tax returns, profit and loss statements, and account statements. Also, when managers are moved, the business must be large enough to handle several management assignments or executive tasks; and when a specialist is transferred, the job must be overseen and controlled by a manager.
On the whole, the precise document checklist is determined by the applicant's citizenship: medical examination, extra documents and the availability of FTAs. A candidate must demonstrate that the business is genuine in terms of its size, capacity to recruit an employee in Canada, and so on. All of the individuals intending to visit Canada must satisfy immigration rules and restrictions such as not having any criminal records, obtaining sufficient money to stay in the country, having valid documents, etc.
Intra-Company Transferee Work Permit : Inside & Outside Applications
From both outside and within Canada, an individual can apply for an intra-company transferee work permit. Because of COVID-19, most candidates must now apply for a work permit online and it is vital to check the travelling rules. Also, an applicant needs to get ready that at the port of entry, an officer may ask for some of the documents such as contracts, the information about the company or the contact details of the foreigner in Canada. If an applicant wants to submit documents in person, then it is necessary to contact the nearest visa application centre and make sure that they are accepting in-person submissions. As it was mentioned before, there are new regulations relating to the world pandemic. Some of the applications are exempt from electronic delivery and documents must be submitted offline for specific groups of people, the full list is available on the official website.
The Intra Company Transferee Work permit program can provide international businesses with job experience in Canada as well as additional Express Entry points. By transferring their talents and expertise to the Canadian labour market, skilled business immigrants bring considerable economic advantages to Canada. Candidates from any nation can apply for business immigration to Canada through the intra company transferee work permit.
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