Immigration Intra-Company Transferee Work Permits are explained in today’s Vancouver immigration lawyers’ blog.
In the age of globalization, having a mobile workforce is critical to the success of multinational organizations. These organizations should be able to transfer their employees and executives to its operations in countries other than its home base, whether on temporary assignments or permanently. These foreign “transferees” inject talented workforce into the host country’s economy and bring positive economic benefits, especially when the host operations cannot find local workers to fill its labour demand. In today’s blog, Helen Han of Maclean Law will briefly introduce this LMIA work permit program, named Immigration Intra-Company Transferee Work Permits.
Canada’s “Intra-Company Transferee” work permit program, which is under the Immigration, Refugees and Citizenship Canada (IRCC) (https://www.canada.ca/en/services/immigration-citizenship.html)’s International Mobility Program and stipulated by Subsection R205(a) of the Immigration and Refugee Protection Regulations (IRPR), allows foreign transferees to obtain work permits so they can work for the Canadian enterprise. Once the foreign intra-company transferee starts working legally in Canada, this opens the doors for various permanent residency options for them down the road, as allowed under Subsection 22(2) of the Immigration and Refugee Protection Act (IRPA).
Our Vancouver work permit lawyers explain that To obtain an Immigration Intra-Company Transferee work permit, the foreign transferee, home enterprise and Canadian enterprise will need to meet the following basic requirements:
- The Canadian enterprise is a parent/subsidiary/branch/affiliate of the foreign enterprise.
- Both the Canadian and the foreign enterprise’s business operations are active and continuing.
- The foreign transferee is currently employed by the foreign enterprise.
- The foreign transferee has been employed continuously and full-time for that enterprise for at least 1 year out of the past 3 years.
- The foreign transferee will be working for the Canadian enterprise either as a worker with “specialized knowledge”, or in “executive” or “managerial” capacity.
- In most cases, the foreign transferee will need to be paid at least the prevailing wage amount for the intended occupation in Canada.
As for the length of the Canadian work permit, a one-year work permit is issued if the Canadian operations is a “start-up” company, which means the company has been operational for less than one year. Otherwise, the maximum work permit length is three years.
It is important to note that meeting the above “basic” requirements alone will not guarantee the foreign transferee successfully obtaining approval for the immigration intra-company transferee work permits. The requirements listed above are generally vague which leaves a lot of room for interpretation explain our Vancouver immigration lawyers. For example:
- What qualifies as “specialized knowledge”, or “executive” or “managerial” capacity?
- Does the foreign transferee have to be paid in Canadian dollars?
- What qualifies as “active and continuous” business operations? On this point, it is worth mentioning that the assessment standards for intra-company transferee work permits have become strict as ever, especially since there is an increasing number of foreign companies using this category for the sole purpose of obtaining permanent residence for its workers, while not genuinely running its Canadian business.
Therefore, it is important to talk to an experienced Vancouver work permit lawyers professional to find out ways to increase the chances of approval for intra-company transferee work permit applications.
Fortunately, although Canada is currently denying boarding to all foreign nationals due to COVID-19, all temporary foreign workers will still be able to travel to Canada by air or land (https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#a2).
If you are a foreign national who is working for a multinational corporation, or if you represent a corporation who wishes to bring its talents to Canada, consult with our professional immigration team at MacLean Law by calling 1-877-602-9900 to discuss your intra-company transferee work permit strategy.
MacLean Law is an award-winning law firm with head office in downtown Vancouver and regional offices across Western Canada in Surrey, Richmond, Kelowna, Fort Saint John and Calgary. Call our Vancouver work permit lawyers today.
We are a proud employer of a multicultural office environment where our talented professionals have cultural roots all over the world, including but not limited to China, Hong Kong, Taiwan, India, England, and Iran.
