Foreign businesses with a parent company, branch, subsidiary, or affiliate in Canada have the option to bring critical employees from overseas to Canada through the Intra-Company Transfer program.

Work Permits acquired through this program are exempt from obtaining a Labour Market Impact Assessment (LMIA). Although LMIA-exempt, workers, and employers who utilize the Intra-Company Transfer program must comply with all provisions governing temporary work in Canada, including obtaining a Temporary Resident Visa, if applicable.

Transferees must have at least one year of full-time work experience with the foreign enterprise and come to Canada to perform comparable work for the Canadian affiliate. Work in Canada must fall under one of three categories:

• Executive

• • An employee who primarily directs the management of the enterprise or a major component thereof.
• Senior Managerial
  • An employee who manages all or part of the enterprise and supervises/controls the work of other managers or professional employees.
• Specialized Knowledge
  • An employee who can demonstrate specialized knowledge of the enterprise’s product or service or an advanced level of expertise in the enterprise’s processes and procedures.

For the foreign worker to receive a Work Permit, the Canadian business will have to demonstrate a qualifying relationship with its foreign counterpart, as well as a qualifying relationship with its employee.

Foreign businesses wishing to establish a Canadian enterprise may use the Intra-Company Transfer program to bring critical workers to the country for start-up operations.

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