One of the Labour Market Impact Assessment exempt work permits is the Intra-Company Transferees. This category allows multi-national businesses to transfer employees to Canada. Our Ottawa immigration lawyers at Gerami Law PC have assisted international companies to transfer their professionals from their parent to subsidiary locations in Canada. We understand that businesses are under significant time constraints and may require legal professionals to act quickly on their behalf to gather all the necessary supporting documents and prepare their applications on an expedited basis.
Our services for Intra-Company Transferees include:
- Assisting in the gathering of the necessary documentation
- Communicating with HR or senior managers to insure all the necessary information is promptly included in the supporting documentation
- Carefully reviewing all your materials and preparing your application
- Preparing the necessary legal submissions on your behalf
There are four categories of Intra-Company Transferees:
- a) Executives and Senior Managers
- b) Functional Managers
- c) Specialized Knowledge Workers
- d) Intra-Company Transferees under international agreements
In order to qualify as an Intra-Company Transferee, the employee must be currently employed in a multi-national company and be seeking to enter the parent, subsidiary, a branch, or an affiliate of the company that currently employs him. He must be transferring to a legitimate business establishment as an executive, senior manager or have specialized knowledge. The employee must also have been employed continuously for at least one of the past 3 year period preceding the date of the application. The Canadian employer must have the right to order and control the employee in the performance of their work.
SPECIALIZED KNOWLEDGE WORKERS
The requirements for specialized knowledge workers were increased. While each application is assessed on its own merits, there are general guidelines applicable to all.
- Specialized knowledge can be particularly supported by:
- proof of education such as a diploma or a degree
- Knowledge that is unique within the company and within the industry
- Experience with the foreign company that transfers him
- The salary must reflect the specialization of the employee and is usually required to be above the median for the occupation in the given region
- Supporting documentation such as resumes, reference letters are useful in order to substantiate the ICT request
The position must be in a similar NOC to the duties performed by the employee in his home branch or in the parent company.
The knowledge, in particular should be:
- uncommon and highly unusual within the company and within the field
- result of extensive experience within the company, such that the company would not divulgate to other companies
- complex and not easily transferred
- the ICT should be transferred to a position that is critical to the well-being or productivity of the Canadian employer
- the knowledge must not be readily available on the Canadian market