As Canada's population continues to grow, and as immigration remains an area of key focus for our government, foreign business owners may be looking to expand their operations into the country. For business owners considering opening a venture in Canada, they may wish to consider applications for Intra-Company Transferees Work Permits under the Immigration and Refugee Protection Regulations as a mechanism to transfer themselves, senior managers, or other highly specialized employees of the foreign company (outside of Canada) to the related Canadian enterprise.

A significant advantage to Intra-Company Transferee Work Permit Applications is that applicants are exempt from the requirement to obtain a positive Labour Market Impact Assessment ("LMIA") before making the Work Permit Application. Obtaining an LMIA can be a time-consuming process; therefore, bypassing this step is often particularly appealing to many employers and potential Intra-Company Transferee applicants.

Meet the Requirements

To qualify for the Intra-Company Transferee Work Permit, there are various criteria both companies and the applicant must meet. Prior to applying for an Intra-Company Transferee Work Permit, the following must be established:

  • There must be 2 legally established companies (a Canadian company and a foreign company) that have either a branch, affiliate or parent/subsidiary relationship. This may require the incorporation of a company in Canada prior to the Work Permit Application, which our office can assist with. For there to be a parent/subsidiary relationship, the foreign company must own the Canadian company or vice versa. For an affiliate relationship, the definition is:
    • one of 2 subsidiaries, both of which are owned and controlled by the same parent or individual; or
    • one of 2 legal entities, owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each company.
  • Both companies must be actively and legitimately doing business, or in the case of a start-up Canadian company, be on the verge of actively doing business;
  • The applicant must have been employed continuously and full-time by the foreign company for at least 1 out of the previous 3 years as an executive (e.g. president, CEO, vice-president, etc.) or as a senior manager (manager of a department in a company or manager of other managers, supervisors or professional employees). In turn, those deemed to be specialized knowledge workers for the company may also qualify to be transferred; and
  • Finally, the applicant must be being transferred to the Canadian company to fulfill a position similar in nature to the position they held with the foreign company.

Documents to support the above-noted criteria must be enclosed with the Work Permit Application. It must be clear to the immigration officer reviewing the application package that the Canadian and foreign companies have a qualifying relationship and that the individual being transferred to the Canadian company has the requisite experience for the role.

Spousal Open Work Permit & Length of Permit

For Intra-Company Transferee Work Permit holders looking to travel to Canada with their family, the applicant's spouse or common-law partner should be eligible to apply for a Spousal Open Work Permit and their dependent children (age 21 and under) may apply for either Visitor Records or Study Permits (depending on their age) so that they may accompany their family member to Canada. The Spousal Open Work Permit allows the spouse to work for almost any employer in Canada during the term of the Work Permit's validity.

Initial Intra-Company Transferee Work Permits may be valid for up to 3 years, with the possibility of extending the Work Permit in 2-year increments, up to a maximum of 7 years for executives and senior managers and 5 years for specialized knowledge workers. For start-up companies in Canada, initial Intra-Company Transferee Work Permits are usually valid for 1 year.

Where to Apply

Those who do not require a Visitor Visa to come to Canada may apply for their Intra-Company Transferee Work Permit at a Canadian Port of Entry (meaning one of Canada's international airports or at a Canada/US land border). For those who do require a Visitor Visa to enter Canada, their Work Permit Applications will usually be made online. Applicants should be mindful that their Work Permit will only be issued up until the expiry date of their passport.

Potential Pathway to Permanent Residence

Gaining Canadian work experience via an Intra-Company Transferee Work Permit may place the temporary foreign worker (or their spouse) in a position to potentially qualify under one of Canada's Permanent Residence Programs, such as a Provincial Nominee Program or through Canada's Express Entry Program.

We encourage those looking to set up business operations in Canada to consider Intra-Company Transferee Work Permits as a mechanism to retain and transfer your talent from abroad to Canada. If this is of interest to you or your business, we would be happy to speak with you about your immigration goals and how we can help you achieve them.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.