Intra-company transferees may apply for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA), which makes the process simpler, faster and cost efficient.
This LMIA-exemption is based on the “significant economic benefit to Canada” brought by the temporary transfer of qualified employees who will use their expertise to Canadian businesses.
General requirements
Intra-company transferees may apply for work permits without an LMIA, if they:
- are currently employed by a parent company that has a subsidiary, a branch, or an affiliate in Canada;
- have been employed continuously by the parent company in a similar full-time position (not accumulated part-time) for at least one year in the previous three-year period;
- are being transferred to a position in one of three categories: executive, senior manager, or worker with specialized knowledge;
- are coming to Canada for a temporary period only;
- comply with all immigration provisions for temporary work in Canada.
Requirements for the company
The parent company must secure physical premises in Canada and must have the financial ability to start its business activity and compensate its employees.
The parent company must demonstrate a qualifying relationship with the subsidiary, the branch or the affiliate in Canada, both of them must be actively “doing business” (regularly and continuously providing goods and/or services).
Intra-company Transfer Categories
- Executives
Executives are employees who direct the management of the company or a major component of it, establishing goals and policies and with a large discretionary power of decision-making.
- Senior managers
Senior managers are employees who primarily manage the company, a department or a component, and also supervise and control the work of other managers and employees. They have authority to manage human, financial and/or material resources.
- Workers with specialized knowledge
Applicants under this category must demonstrate that they possess a high standard of “specialized knowledge” or a “knowledge at an advanced level of expertise”, related to the company’s product or services.
Duration of work permits
The initial work permit can be issued for one year only, but it is renewable.
For renewals, evidence must be provided that:
- the parent foreign company still has a qualifying relationship with the Canadian subsidiary, branch or affiliate;
- the new office has engaged in the continuous provision of goods or services for the past year;
- the new office has been staffed.
