To hire a temporary foreign worker in Canada, it is usually necessary for an employer to first advertise the position to ensure that there is no qualified person available in Canada to do the job. Once the advertising is complete, the employer must apply to Employment and Skills Development Canada (ESDC) for a Labour Market Impact Assessment (LMIA) to allow for the hiring of a temporary foreign worker. Once a positive Labour Market Impact Assessment (LMIA) is obtained from ESDC, a temporary foreign worker with a job offer from the eligible Canadian employer may apply for a work permit.

Recent changes implemented by Canada’s Federal Government have made the Labour Market Impact Assessment (LMIA) application process more complex and time-consuming. Furthermore, compliance measures have been made more onerous. The potential consequences for an employer of breaching the compliance obligations are serious.

An experienced Canadian immigration lawyer can assist employers in understanding their obligations, completing the application process, and ensuring ongoing compliance. Our team has expertise in the Labour Market Impact Assessment (LMIA) process.

Are you planning to transfer your current foreign executive or, senior manager or any specialized employee to your operational facility in Canada from your foreign office? If yes, then this is commonly referred to as an intra-company transfer. It omits the participation of the HRSDC and the need for an LMO/LMIA.

To qualify for intra-company transfers to Canada, it is mandatory for your company to show that it is actively conducting business operations within Canada and other foreign countries. Thus, if your company plans to expand its operations in the Canadian market, the applicant may be able to make a request for an intra-company transferee work permit.

One can apply for a work permit in advance from any Canadian Visa Office or a Foreign Canadian Port Of Entry. However, if the employee of your company is visiting Canada as a ‘visitor’, then a work permit may only be applied for from within Canada in certain situations.

Hiring the counsel of an experienced immigration lawyer who is dedicated to the law of this field is greatly advised. Intra-company transfers are essential for any business because it can help it grow and retain top talent. A lot of efforts, pressure and thought goes down in order to choose the right kind of people who can efficiently handle and manage these growing opportunities. Therefore, it is necessary to obtain the proper guidance of a reliable immigration firm whose forte involves intra-company transfers.

Some Pre-Requisites For Intra-Company Transfers to Canada

Outline of pre-arranged position in Canada, including:

• Employee’s duration of stay
• Description of the status of employment like, specialized knowledge or executive
• Proof of any kind of relationship between the foreign and Canadian employers
• Proof regarding previous employment with former organisation like;
  • At least 1 continuous year in the last 3 years
  • Proof of similar position that is being offered in Canada

Durations Of Intra-Company Transfers To Canada

Generally, work permits under the criteria of an intra-company transfer usually last for a period of 3 years. Transfers into your Canadian branch office are valid only for one year with an extension ability that lasts up to 2 years for each extension.

However, in the case of ‘Executive Transfers’, the extensions can be permitted for 7 years in total. Applicants arriving on ‘Specialized Knowledge’ basis are given work permit extensions up to a period of 5 years during which it is expected that their skills are passed on to the local labour resources.

Have More Doubts On Intra-Company Transfers To Canada?

If your company is planning to transfer their important employees in their existing Canadian branch, or at a Canadian site expanding its operations, then the overall immigration process can become really complex. Retain our immigration lawyers and let them handle your case so that you can easily glide through the entire process of moving your best executives, managers and specialized workers to your Canadian branch.

We, at Armstrong Immigration, focus greatly on corporate immigrations. We look forward to help you with your intra-company transfers soon.