The intra-Company Transfer program is designed for entrepreneurs who own a business and aim to establish a new business or affiliate in Canada. By establishing a company the business owners can relocate to any province of Canada.
A work permit acquired through an intra-company transfer program is exempt from the requirement to obtain a Labour Market Impact Assessment (LMIA).
There are 4 main requirements for being eligible for this program.
- registered Canadian company
- office space under the name of this corporation
- business plan with financial forecasts
- future recruitment plan.
In general, if the above-mentioned requirements are met, a one-year work permit will be granted to the applicant (owner of the company). If the business owner provides proof of his/her organization’s ability to be established in Canada, this one-year work permit renews by the end of the year.
Intra Company Transfer Requirements:
As an intra-company transferee, both the individual and the firm must fulfill several requirements in order to be eligible for an LMIA exemption.
General Requirements for the Employee
- In order to work in Canada, you must be hired by a multinational company looking to come to Canada
- In order to be eligible, the Canadian company must have one of the relationships listed below.
- There must be a job offer from a Canadian employer that requires specialized knowledge for the person to be eligible for the visa
- Must have been employed with the company for at least 1 year (full-time) with the company within the previous 3 years
Transferees must have at least 12 months of full-time work experience with the foreign enterprise before coming to Canada to perform comparable work. Important to point out that work in Canada must fall under one of three categories:
Executive Capacity
A position must have some or all of the following qualities in order to meet the criteria of executive capability:
- Guides the management of the organization or a core part or functions within the organization; creates the organization’s goals and policies
- has broad autonomy in determining decisions
- and gets only general supervision or direction from higher-level executives, the board of directors, or the organization’s stockholders.
Managerial Capacity
A position must have some or all of the following conditions in terms of meeting the criteria of managerial capacity:
- supervises the organization as a whole, or a department, subdivision, function, or component of it
- administers a vital function inside the company, or a department or subdivision of the organization, or supervises and regulates the work of other supervisory, professional, or management workers
- has the right to recruit and fire, as well as suggest other personnel activities (such as promotion and leave authorization)
- Functions at a senior level within the organization hierarchy or with relation to the function controlled if no other employee is immediately overseen
- and has authority over the day-to-day operations of the activity or function for which he or she is responsible
Specialized Knowledge
A position must need both proprietary knowledge and advanced competence to match the criteria of specialized knowledge. These are specified under NAFTA as the following:
Proprietary Knowledge is defined as “company-specific knowledge relating to a company’s product / service.” It suggests that the corporation has not disclosed details that would enable other firms to copy the product or service.”
Advanced Expertise is defined as “specialized knowledge acquired through substantial (i.e., the longer the experience, the more likely the knowledge is indeed “specialized”) and current (i.e., within the last 5 years) experience with the organization and used by the person to make a significant contribution to the employer’s production efficiency.”
General Requirements for the Multinational Company
The relationship between the business outside of Canada and the enterprise inside Canada must be one of the ones that follow: parent, subsidiary, branch, or affiliate.
The two companies must be conducting business. This means that they provide products and services on a regular and ongoing basis. The mere existence of a site in Canada will not enough to fulfill this condition.
Documents Required For Intra Company Transfer To Canada:
- ownership or registration of the foreign company;
- active engagement in business for the foreign company (tax payments; bank and financial statements, licenses, office lease, insurance, and salary payments, marketing material, contracts, etc.);
- applicantʼs documents (proof of ownership of the company or proof of employment letter from the foreign company in a managerial level, bank statement, etc.);
- a business plan for the Canadian company.
Intra Company Transfer Visa Process:
Through the Intra-company transfer program, approved candidates get a temporary work visa. Work experience earned in Canada as an intra-company transferee may subsequently be utilized as a stepping stone to permanent residency in Canada. This is because, under Canada’s points-based immigration system, work experience in Canada is highly valued..
How To Apply For Intra Company Transfer?
You must submit numerous pieces of paperwork and comply with federal requirements, as previously stated. If your firm is expanding to Canada for the first time, the processes are as follows:
- As a parent, subsidiary, or associate of your home firm, register your business in Canada.
- Develop a business plan that details the intended company activity, market research, and how you intend to operate a successful firm in Canada. In line with industry norms, provide your recruiting strategy and cash flow estimates for at least 2-3 years.
- Complete your work permit application by gathering all needed papers (such as bank statements, articles of incorporation, documentation of investment capital, and so on); and
- Submit the WP application and wait for a decision.
It’s wise to note that the procedure differs significantly depending on the applicant’s country. Some countries enjoy from agreements with Canada that enable their nationals to travel to Canada more easily under the ICT.
If the applicant is a citizen of a nation that does not need a visa, they may be able to apply for an ICT WP at the port of entry (POE).
Intra Company Transfer Visa Canada Processing Time
Standard processing periods apply to ICT WP applications in general and may be found on the IRCC’s webpage for your country. Entrepreneurs may, however, be able to take advantage of accelerated processing, which takes 2-4 weeks in some situations.
Canada Intra Company Transfer Visa Duration
The initial visa period for the Intra-company transfer program is as follows:
- 1-year work permit for start-ups;
- 2 years of work permit for the established companies.