Intra-company transferee

Old Jun 21st 2008, 6:41 pm
  #1  
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Default Intra-company transferee

Hi everyone,

I work for a multinational company with centres throughout the world. One of our corporate offices is located in Ontario, where I am visiting at the moment on a three month work exchange program.

I read up on the intra-company transfer program Canada has on the immigration website but I would like to see if someone can explain how it actually works/how long it can take approximately/the costs involved, etc.

My company is very open about transferring people from one centre to the other. I have been working for the company for three years now, and I am currently employed in our Irish office. I am a Slovenian citizen.

I understand labour opinion is not required since I would be transferring, and I don't have to prove my funds, or education, etc. throughout this process.

I would like to know if there are different time periods you can apply for, and are you in the end applying for a work visa? I think they stretch from 1-5 years, but who and when is it decided how long the visa is for?

Sorry if I'm jumping from one topic to the left, what I am looking for is an explanation as to what needs to be done, approximately how long the process takes and what fees are involved. Would I need a lawyer or no?

Thank you for your help,
Sabina
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Old Jun 21st 2008, 8:36 pm
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Default Re: Intra-company transferee

Originally Posted by Bina84
Hi everyone,

I work for a multinational company with centres throughout the world. One of our corporate offices is located in Ontario, where I am visiting at the moment on a three month work exchange program.

I read up on the intra-company transfer program Canada has on the immigration website but I would like to see if someone can explain how it actually works/how long it can take approximately/the costs involved, etc.

My company is very open about transferring people from one centre to the other. I have been working for the company for three years now, and I am currently employed in our Irish office. I am a Slovenian citizen.

I understand labour opinion is not required since I would be transferring, and I don't have to prove my funds, or education, etc. throughout this process.

I would like to know if there are different time periods you can apply for, and are you in the end applying for a work visa? I think they stretch from 1-5 years, but who and when is it decided how long the visa is for?

Sorry if I'm jumping from one topic to the left, what I am looking for is an explanation as to what needs to be done, approximately how long the process takes and what fees are involved. Would I need a lawyer or no?

Thank you for your help,
Sabina
I don't have any answers, but was just looking this up myself actually after being pointed towards this at the Leeds Expo:-

http://www.2ontario.com/bi/bi_multinationalemployee.asp

The only real information on there is that you would need to be a senior employee.

Intra-Company Transferees: This category has specific requirements regarding the relationship of the foreign and Canadian entities, as well as employees eligible to be transferred. In summary, the category:


Permits the temporary transfer of senior executives, managers, or employees with specialized knowledge to a permanent and continuing establishment of the company;


Requires a qualifying relationship between the Canadian and foreign employer, i.e. affiliate, branch, parent or subsidiary;


Requires that the Canadian company be doing, or expect to be doing, business;


Requires the employee to have been working for the company in a similar capacity for at least one year in the previous three years;


Requires a letter from the employer to Immigration detailing how the company and employee meet the requirements;


Under the general provisions, executives and managers may be issued work permits for up to 7 years, provided the transfer remains temporary and specialized knowledge staff may remain in Canada for a maximum 5 years.


I'm sure someone else will come along with an answer shortly to the rest of your questions but at least this link gives you a small amount of info.
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Old Jun 22nd 2008, 4:13 am
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Default Re: Intra-company transferee

I came over on an intra-company transfer last year. I had applied independently under skilled worker in September 2006 but then in January 2007 was given the option of a transfer. I took the option and was asked when I wanted to move, for the sake of the kids schooling I said 1st August.

Based upon my desired move date, the lawyers (appointed by the company) put the application in about May time I believe. Things were slow and it actually took about 8 weeks to come through, but still plenty of time for our 1st August departure.

Once we landed we were given 3 year work permits (maximum allowed) because this was recognised as being a permanent job. Also with a few weeks we got notification that our own skilled worker application was being accelerated because we were resident in Canada.

We did medicals here, were asked for additional proof of funds and finally in March asked to send off passports. We actually asked for an extension on the passports because of the need for business travel to US, but sent them off last week. Should be about 6 weeks and we will get them back and then will have to land again to get PR.

Edited to add: Sorry but I don't know the actual cost. I am reasonably senior in the company and have specialist knowledge and have been working in the same capacity for a few years so I did meet all the criteria above. I did think that 3 years was the max for a first temporary work permit, but it may be five, ours we limited anyway by kids passport expiries. The length is pretty irrelevant because once you are here PR should take no more than a year if you have the relevant points etc.

Last edited by Solarfish; Jun 22nd 2008 at 4:17 am.
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Old Jun 22nd 2008, 4:21 am
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Default Re: Intra-company transferee

Originally Posted by Bina84
I work for a multinational company with centres throughout the world. One of our corporate offices is located in Ontario, where I am visiting at the moment on a three month work exchange program.

I read up on the intra-company transfer program Canada has on the immigration website but I would like to see if someone can explain how it actually works/how long it can take approximately/the costs involved, etc.
Sabina,

Everything depends from your position within the company and what exactly you are doing. You either must be high level manager/executive or someone with very specialized skills that Canadian branch cannot find a Canadian to do.

It is impossible to provide advice without knowing all details.
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Old Jun 22nd 2008, 8:12 am
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Default Re: Intra-company transferee

Originally Posted by Solarfish

We did medicals here, were asked for additional proof of funds
Just curious - what proof of funds did you have to provide? I thought that if you have arranged employment, then no funds are necessary....

I'm in the process of doing the same - have a SW app in the queue, but have just applied for intra-company transfer and intend to try and get my SW app fast tracked when we get there.... We have the funds required that you need for proof on a SW app, but may end up spending these when we move over....
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Old Jun 22nd 2008, 8:56 am
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Default Re: Intra-company transferee

Originally Posted by Bina84
Hi everyone,

I work for a multinational company with centres throughout the world. One of our corporate offices is located in Ontario, where I am visiting at the moment on a three month work exchange program.

I read up on the intra-company transfer program Canada has on the immigration website but I would like to see if someone can explain how it actually works/how long it can take approximately/the costs involved, etc.

My company is very open about transferring people from one centre to the other. I have been working for the company for three years now, and I am currently employed in our Irish office. I am a Slovenian citizen.

I understand labour opinion is not required since I would be transferring, and I don't have to prove my funds, or education, etc. throughout this process.

I would like to know if there are different time periods you can apply for, and are you in the end applying for a work visa? I think they stretch from 1-5 years, but who and when is it decided how long the visa is for?

Sorry if I'm jumping from one topic to the left, what I am looking for is an explanation as to what needs to be done, approximately how long the process takes and what fees are involved. Would I need a lawyer or no?

Thank you for your help,
Sabina
Hi Sabina,

We are also currently going through an intra-company transfer. I tried to post a link to the Canadian High Commission website but cant access the website for some reason today! If you can get on to it it provides infomation about the intra-company process of obtaining a TWP and all the evidence you will need.

Since my husband got the job the company have appointed a lawyer to do the bulk of the paper work for us, this has included; an extrememly detailed letter about the company and the relationship between his current company and the company in Canada. Also the job role and my husbands seniority within the company i.e. why he is the one they need to do the job rather than a Canadian counterpart! All in all I think there are about 6 different things she has provided for us. From our end my husband has asked his boss to do a letter about what the company does at this end, he's also had to provide a c.v to prove education levels and previous job roles as well as a chart to show where he sits in the company and where he will when he is in Canada. Im sure there's more but thats all I can think of at the moment. Oh and of course a contract which includes salary etc.

As far as we are aware a 3 year visa is the maximum you can obtain for this purpose, but im no expert someone else will know better than me!

If you have any questions feel free to ask!
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Old Jun 22nd 2008, 9:10 am
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Default Re: Intra-company transferee

Originally Posted by TheGrizzlyHattons
Oh and of course a contract which includes salary etc.
Did his contract state that it is a temporary position or a permanent one?
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Old Jun 22nd 2008, 9:17 am
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Default Re: Intra-company transferee

Originally Posted by G77
Did his contract state that it is a temporary position or a permanent one?
The contract states it is a temporary position until September 2011 I think - although they want him there permamently we were under the impression that in this instance without an LMO and going over on a transfer it has to be temporary. I hope thats correct! How about you? I noticed on another thread you're waiting for your TWP to come through, how long has it been so far? We are hopefully sending our application off this coming week, we've been waiting for all the paper work to be sorted the last few weeks!
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Old Jun 22nd 2008, 9:34 am
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Default Re: Intra-company transferee

Mine is a permanent position, but I put on the form and the covering letter that I wanted a two year WP - hopefully they won't get picky and insist on getting it changed to a temporary contract....

I sent mine 4 weeks ago this coming Tuesday - so I'm starting to get a bit twitchy now, running to the door every time the postman comes! We want to head over in September, but it's hard to plan anything, book flights etc without knowing 100% if the TWP will come through....
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Old Jun 22nd 2008, 9:41 am
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Default Re: Intra-company transferee

Originally Posted by G77
Mine is a permanent position, but I put on the form and the covering letter that I wanted a two year WP - hopefully they won't get picky and insist on getting it changed to a temporary contract....

I sent mine 4 weeks ago this coming Tuesday - so I'm starting to get a bit twitchy now, running to the door every time the postman comes! We want to head over in September, but it's hard to plan anything, book flights etc without knowing 100% if the TWP will come through....
I bet you are! Hopefully the postie will turn up soon for you!! We were hoping to be over in September too so we're really anxious to get ours sent off, we might be cutting it fine!!

We've just booked to go over in July for a week to speak to people about mortgages etc.
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Old Jun 22nd 2008, 3:26 pm
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Default Re: Intra-company transferee

Originally Posted by G77
Just curious - what proof of funds did you have to provide? I thought that if you have arranged employment, then no funds are necessary....

I'm in the process of doing the same - have a SW app in the queue, but have just applied for intra-company transfer and intend to try and get my SW app fast tracked when we get there.... We have the funds required that you need for proof on a SW app, but may end up spending these when we move over....
I was surprised by the request, but we have funds in a UK account which were more than the minimum so I just sent the statement as proof without asking any questions. We also have a house there, a house here and both of us are in full time work here, but I saw no need to give further explanation once the initial criteria had been met.
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Old Jun 24th 2008, 12:01 am
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Default Re: Intra-company transferee

I am moving in August on an Intra-Company Transfer. I did all the applications myself (Small company so actually wrote the documentation and got signed of by the CTO myself). I went this route for a few reasons after advice directly from the Canadian Business Support in Toronto. I wanted to avoid LMO. Also I wanted my wife to be given an open permit, also avoiding LMO. We will get both on arrival.

It cost $150 for the application but we will need to pay that again for my wifes on arrival.

We ommited 1 doc on the original application and it was returned after 3 weeks. They will return it with all docs and treat it as a new application on re-submission so read the requirements carefully!

On re-submission it took about 4 weeks. I also have a PR application in so will inform them to expedite that process this week.

Good luck.
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Old Jun 24th 2008, 12:56 am
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Default Re: Intra-company transferee

Sorry, but in order to have PR application updated with arranged employment and expedited you must either have job offer with positive AEO or already be working in Canada (in skilled occupation) on valid work permit and have offer from employer to convert your current temporary employment to a full time, permanent position on indeterminate basis after you become a PR.

Thus, under your circumstances you cannot "inform them to expedite" your PR this week. You will be able to do it after 2 or 3 paychecks in Canada though. Providing of course you have submitted full, standard PR application package, not just simplified form, in the first place.

If you have only simplified form submitted then you must prepare a fully blown, standard application package with all required (as well as case/circumstances specific) evidence, all forms and the proof of arranged employment (valid WP, few payslips, letter from employer).

Last edited by Andrew Miller; Jun 24th 2008 at 12:59 am.
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Old Jun 24th 2008, 8:47 am
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Default Re: Intra-company transferee

CCFC - have pm'd you, but then realised you can't pick it up till you've made 3 posts!
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Old Jun 24th 2008, 11:35 am
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Default Re: Intra-company transferee

Originally Posted by Andrew Miller
Sorry, but in order to have PR application updated with arranged employment and expedited you must either have job offer with positive AEO or already be working in Canada (in skilled occupation) on valid work permit and have offer from employer to convert your current temporary employment to a full time, permanent position on indeterminate basis after you become a PR.

Thus, under your circumstances you cannot "inform them to expedite" your PR this week. You will be able to do it after 2 or 3 paychecks in Canada though. Providing of course you have submitted full, standard PR application package, not just simplified form, in the first place.

If you have only simplified form submitted then you must prepare a fully blown, standard application package with all required (as well as case/circumstances specific) evidence, all forms and the proof of arranged employment (valid WP, few payslips, letter from employer).
Quite right. I used the incorrect terminology. I was merely saying that I will be infoming them of this change and will then update again once in country to hopefully expedite the process. I am fully aware that I need all the support info to nudge it along. My position there has been offered on a full time basis already.

Thanks.
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