Intracompany transferee
Sep 9th 2017, 10:45 am
#1
Just Joined
Thread Starter
Joined: Sep 2017
Posts: 2
Intracompany transferee
Feedback on my situation, the options open to me, and my questions would be greatly appreciated.
Situation:
I work in the UK. A colleague at our Canadian Subsidiary with the same role as myself has become seriously ill and he will not return to work. We will look to find a Canadian in the local labour market to fill the role but we expect it is highly unlikely we will find a suitable candidate so it is probable I will have to remain in Canada to fill the position permanently. In any case I need to be able to go to Canada as quickly as possible to work and cover the position which is now open until a permanent solution can be found.
Option A
Using the Express Entry system I apply now for a permanent work permit with a permanent job offer from the Canadian subsidiary. The Canadian subsidiary would have to perform a LMIA assessment which would come back positive before they could offer me a permanent job. The problem is that this application it seems would take at least 6 months to complete and we need to cover the position in Canada as soon as possible.
Option B
Under the International Mobility program I obtain a temporary work permit as an intracompany transferee. This would be quick to obtain, I read 60 days. When in Canada and covering the role I could then look for a Canadian replacement. If we can’t find one I could then apply for a permanent work permit which I believe would be LMIA exempt because I have already worked in the role temporarily and I am an intracompany transferee.
Questions
1. What is the maximum length of time a temporary work permit can be issued to an intracompany transferee?
2. Is my understanding in Option B that applying for a permanent work permit as an intracompany transferee already in the role on a temporary basis is LMIA exempt? This is what this page indicates:
LMIA-exempt job offers – Skilled immigrants (Express Entry)
3. In Option B would taking the temporary intracompany transferee work permit hinder or prevent me from making the permanent work permit application subsequently if I had to?
Situation:
I work in the UK. A colleague at our Canadian Subsidiary with the same role as myself has become seriously ill and he will not return to work. We will look to find a Canadian in the local labour market to fill the role but we expect it is highly unlikely we will find a suitable candidate so it is probable I will have to remain in Canada to fill the position permanently. In any case I need to be able to go to Canada as quickly as possible to work and cover the position which is now open until a permanent solution can be found.
Option A
Using the Express Entry system I apply now for a permanent work permit with a permanent job offer from the Canadian subsidiary. The Canadian subsidiary would have to perform a LMIA assessment which would come back positive before they could offer me a permanent job. The problem is that this application it seems would take at least 6 months to complete and we need to cover the position in Canada as soon as possible.
Option B
Under the International Mobility program I obtain a temporary work permit as an intracompany transferee. This would be quick to obtain, I read 60 days. When in Canada and covering the role I could then look for a Canadian replacement. If we can’t find one I could then apply for a permanent work permit which I believe would be LMIA exempt because I have already worked in the role temporarily and I am an intracompany transferee.
Questions
1. What is the maximum length of time a temporary work permit can be issued to an intracompany transferee?
2. Is my understanding in Option B that applying for a permanent work permit as an intracompany transferee already in the role on a temporary basis is LMIA exempt? This is what this page indicates:
LMIA-exempt job offers – Skilled immigrants (Express Entry)
3. In Option B would taking the temporary intracompany transferee work permit hinder or prevent me from making the permanent work permit application subsequently if I had to?
Sep 9th 2017, 11:30 am
#2
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,856
Re: Intracompany transferee
Feedback on my situation, the options open to me, and my questions would be greatly appreciated.
Situation:
I work in the UK. A colleague at our Canadian Subsidiary with the same role as myself has become seriously ill and he will not return to work. We will look to find a Canadian in the local labour market to fill the role but we expect it is highly unlikely we will find a suitable candidate so it is probable I will have to remain in Canada to fill the position permanently. In any case I need to be able to go to Canada as quickly as possible to work and cover the position which is now open until a permanent solution can be found.
Option A
Using the Express Entry system I apply now for a permanent work permit with a permanent job offer from the Canadian subsidiary. The Canadian subsidiary would have to perform a LMIA assessment which would come back positive before they could offer me a permanent job. The problem is that this application it seems would take at least 6 months to complete and we need to cover the position in Canada as soon as possible.
Option B
Under the International Mobility program I obtain a temporary work permit as an intracompany transferee. This would be quick to obtain, I read 60 days. When in Canada and covering the role I could then look for a Canadian replacement. If we can’t find one I could then apply for a permanent work permit which I believe would be LMIA exempt because I have already worked in the role temporarily and I am an intracompany transferee.
Questions
1. What is the maximum length of time a temporary work permit can be issued to an intracompany transferee?
2. Is my understanding in Option B that applying for a permanent work permit as an intracompany transferee already in the role on a temporary basis is LMIA exempt? This is what this page indicates:
LMIA-exempt job offers – Skilled immigrants (Express Entry)
3. In Option B would taking the temporary intracompany transferee work permit hinder or prevent me from making the permanent work permit application subsequently if I had to?
Situation:
I work in the UK. A colleague at our Canadian Subsidiary with the same role as myself has become seriously ill and he will not return to work. We will look to find a Canadian in the local labour market to fill the role but we expect it is highly unlikely we will find a suitable candidate so it is probable I will have to remain in Canada to fill the position permanently. In any case I need to be able to go to Canada as quickly as possible to work and cover the position which is now open until a permanent solution can be found.
Option A
Using the Express Entry system I apply now for a permanent work permit with a permanent job offer from the Canadian subsidiary. The Canadian subsidiary would have to perform a LMIA assessment which would come back positive before they could offer me a permanent job. The problem is that this application it seems would take at least 6 months to complete and we need to cover the position in Canada as soon as possible.
Option B
Under the International Mobility program I obtain a temporary work permit as an intracompany transferee. This would be quick to obtain, I read 60 days. When in Canada and covering the role I could then look for a Canadian replacement. If we can’t find one I could then apply for a permanent work permit which I believe would be LMIA exempt because I have already worked in the role temporarily and I am an intracompany transferee.
Questions
1. What is the maximum length of time a temporary work permit can be issued to an intracompany transferee?
2. Is my understanding in Option B that applying for a permanent work permit as an intracompany transferee already in the role on a temporary basis is LMIA exempt? This is what this page indicates:
LMIA-exempt job offers – Skilled immigrants (Express Entry)
3. In Option B would taking the temporary intracompany transferee work permit hinder or prevent me from making the permanent work permit application subsequently if I had to?
Yes ICT work permits are LMIA exempt but do you actually qualify under the ICT?
are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;
where 18–24 months can be used as a reasonable minimum guideline
Initial work permit: one year
Read this link
International Mobility Program: Canadian interests – Significant benefit – Intra-company transferees – General requirements [R205(a)] (exemption code C12)
Sep 9th 2017, 1:12 pm
#3
BE Forum Addict
Joined: Jun 2015
Location: Vancouver BC
Posts: 1,706
Re: Intracompany transferee
I came to Canada on an ICT work permit around a year and half ago and have since transitioned into PR via CEC (eligible after 1 year of Canadian work experience).
Should be noted that an LMIA is not needed for a PR application (neither is a job) it is based on the number of CRS points you have and wether this is enough to be picked from the pool. As you say time is of importance here so an ICT work permit is the best way. Once the paperwork is filed, and assuming you are from a visa exempt country you actually apply at the POE so the time could be as quick as a month or sooner. The trick is being able to prove you meet the conditions of the programme t the border agent.
Things may have changed but my ICT work permit under specialized knowledge was valid for 3 years
Should be noted that an LMIA is not needed for a PR application (neither is a job) it is based on the number of CRS points you have and wether this is enough to be picked from the pool. As you say time is of importance here so an ICT work permit is the best way. Once the paperwork is filed, and assuming you are from a visa exempt country you actually apply at the POE so the time could be as quick as a month or sooner. The trick is being able to prove you meet the conditions of the programme t the border agent.
Things may have changed but my ICT work permit under specialized knowledge was valid for 3 years
Sep 9th 2017, 1:29 pm
#4
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,856
Re: Intracompany transferee
After intra-company transferees have reached their maximum work permit duration (seven years for executives and senior managers, and five years for specialized knowledge workers), they must complete one year of full-time employment in the company outside Canada if they wish to re-apply as an intra-company transferee.
