November 10, 2018

【Tips for Canada Intra-company Transferee Work Permit application and interview at airport】

You’ll need a Work Permit if you’re being transferred to a company have operations in Canada. An authorized Work Permit will grant you the permission to work legally in Canada for a designated period of time.  In some provinces, you may receive health insurance as well. 

Intra-company Transferee Work Permit

Under the intra company transferee category, companies based in foreign countries may have their employees, whom meets the qualifications, be temporarily transferred to Canada. Known as the Intra-company Transferee Work Permit, only companies that have offices in 2 or more countries, including Canada, may transfer their employees (Manager or Specialized Knowledge Worker) under this category.

Since they’re of significant economic benefit to Canada through the transfer of their expertise to Canadian businesses, qualified intra-company transferees require Work Permits but are exempt from having to apply for the Labour Market Impact Assessment (LMIA). 

Validity period of Intra-company transferee Work Permit

• Senior Manager   7 years   (3years+2years+2years)
• Specialized Knowledge Worker 5 years  (3years+2years)

Can I be transferred to a newly established Canadian company? 

※Only Senior Managers (not Specialized Skilled Workers) can be transferred to a newly established Canadian company. Initial Work Permit is 1 year.

※On the application for extension, the Canadian company must provide:

• proof that the company hires Canadian staff(s)
• Rental or purchase agreement of the office (may use Lawyer’s Office if it’s the company’s first year of corporation)
• ICT Work Permit for Start-up companies　https://yupasscanada.com/useful-information-to-obtain-visa-permit/ict-work-permit/
  

Requirements for an Intra-company transferee Work Permit application:

• the enterprises’ in both the foreign country and Canada have a parent, branch, subsidiary or affiliate relationship, as well,  the Canadian operations are permanent and continuing;
• the applicant has been employed by the foreign enterprise for at least one of the previous three years in a similar full-time position.

If you are a Senior Manager：

• The position in Canada is a Senior Executive or managerial level position (that plans, organizes, directs or controls the business)

If you are a Specialized Knowledge Worker, you must have

• Proprietary Knowledge, which is company-specific expertise related to a company’s product or services.  It indicates that the company has not divulged specifications that would allow other companies to duplicate the product or service.
• Advanced Proprietary Knowledge, which would require an applicant to demonstrate:
•  unconventional knowledge of the host firm’s products or services and its application in international markets; or
• an advanced level of expertise/ knowledge of the enterprise’s processes and procedures (production, research, equipment, techniques or management)
• an advanced level of (general) expertise, in which specialized knowledge gained through (major, past) and recent experiences with the organization are used by the individual to contribute significantly to the employer’s productivity.
• Providing of documents to prove the above.

If you’re from a visa-exempt country, you can apply for your work permit directly at a Canadian port of entry (processing time will range from 30 to 90 min)

You can submit your application at a Canadian Border Services Agency at a Canadian international airport. 

Are you applying for a work permit at a Canadian airport?

I’m not comfortable applying for my Work Permit directly at the airport…..

• In this case, you can request for an Opinion Letter from International Mobility Worker Units in advance of your trip.
• If you believe an LMIA or work permit exemption applies to your situation, you can seek for a second opinion from an IMWU by e-mail.

Do I need eTA?

eTA is automatically issued along with a Work Permit when you apply for a Work Permit at a visa office.  You don’t need to apply separately for an eTA in such a case.

However, if you apply for a Work Permit at an aiport, you need to apply for eTA before departure.

Link: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1066&top=16

You can apply for an extension of your Work Permit to a visa office within Canada online or through mail.

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Immigration, Refugees and Citizenship Canada’s related sites:

• International Mobility Program: Canadian interests – Significant benefit – Intra-company transferees – General requirements [R205(a)] (exemption code C12)
• Employer portal for Offer of Employment