Intra-Company Transfer Work Permit

Under International Mobility Program (IMP), skilled foreign workers that are coming to Canada by way of transfer between companies, are eligible under three main categories:

1. Executives and Senior Managers;
2. Functional Managers;
3. Specialized Knowledge Workers.

Under all three, the companies between which the skilled foreign worker will be transferring must have a qualifying relationship such as: parent companies, subsidiary companies, branches or affiliates. The skilled foreign worker must demonstrate at least one full year of experience in the home company on a full-time basis in the 3-year period preceding the date of initial application.

Since this category of work permits falls under the IMP, the Canadian employing entity is exempt from applying for an LMIA but is required to submit details related to the job offer and pay the employer compliance fee. Employers must register for an on-line employer portal via IRCC, submit necessary information electronically pertaining to the nature of the job offer, and pay the required compliance fee of $230 online.

Processing of these on-line applications is almost immediate after the payment, eliminating any wait periods and allowing the foreign national to apply for the work permit as soon as the on-line request is issued an approval code on the employer portal.

1. Executives:
   1. direct the management of the organization or a major component or function of the organization;
   2. establish the goals and policies of the organization, component, or function;
   3. exercise wide latitude in discretionary decision-making; and
   4. receive only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

2. Senior Managers:
   1. manage the organization, a department, subdivision, function, or component of the organization;
   2. supervise and control the work of other managers or supervisors, professional employees;
   3. has the authority to hire and fire, or recommend other personnel actions, such as promotion and leave authorization;
   4. exercise discretion over the day-to-day operations of the activity or function for which the employee has the authority.

3. Functional Managers:
   1. manage an essential function in the company, but not necessarily manage the staff. Essential function generally means a function that is indispensable to achieving the organization’s goals. A functional manager must operate at a senior level within the organization and have discretion over the day-to-day operations of the function;
   2. provide coordination and guidance to other managers;
   3. have responsibility over assets or sales with a large dollar value;
   4. directing the work of subcontracted firms.

4. Specialized Knowledge Workers:
   1. must possess unique and uncommon knowledge at an advanced level of expertise and proprietary knowledge of the company’s product, service, research, equipment, techniques or management that significantly contributes to the employer’s productivity.

Initial work permits are issued for one year with eligibility for renewals as long as there is a sufficient need from the Canadian entity to continue the employment of the foreign worker.

To learn and see if you qualify to come to Canada under this program, you can contact us via telephone or WhatsApp at 1-905-744-8888 or email us at info@ullaw.ca, we look forward to assisting you with your immigration matter.