davidchung

Hello experts,

Great forum! I am a senior manager for a small company in Hong Kong that has been doing business in Toronto – buying, renting out, and selling houses and buildings – for the past decade. It employs a few people here, but for the past decade has been managed by a Canadian lawyer that we paid. Now the company would like to me transfer to the Toronto office and manage its operations.

I have been in Toronto for a couple of months as a business visitor (though no visitor visa is needed for Hong Kong people, and I am holding a Hong Kong passport); I need to get a work permit. A lawyer in Hong Kong told me that I could apply under the intra-company transfer category for a 3-year permit; however, I went to a local CIC office and a clerk told me the transfer category only applies to citizens of U.S. and Mexico! The clerk also told me that I must go back to Hong Kong and apply for a work permit there. Is that person correct? I thought I could just apply at the airport, but of course, I could be wrong.

Thanks for your answers in advance. Really appreciate it.
David C

Andrew Miller

Yes, you need to apply through proper visa post outside Canada. It is unlikely to get 3-years permit the first time, but you can later apply for extension inside Canada.

davidchung

Thanks.

1) but I can apply under the intra-company transfer category? the clerk said i couldn't; that it was only for citizens of US and mexico.

2) I think I fit the second bullet: I do not need a TRV and my job does not need confirmation from HRSDC. Am I misunderstanding it?

CIC's website says:

Applying for a Work Permit at the Canadian Border

You can only apply for a permit when you arrive in Canada if:

* You are from the United States, Greenland or Saint-Pierre and Miquelon.
* You do not need a temporary resident visa (TRV) to visit Canada and your job does not need confirmation from Human Resources and Skills Development Canada (HRSDC).
* You do not need a temporary resident visa to visit Canada, your job requires you to have HRSDC confirmation and it has been issued by the time you arrive.
o Check to see if you can visit Canada without a TRV.
o Check to see if your job needs to be confirmed by HRSDC.

Andrew Miller

1) yes, you can - providing that you and parent company meet all criteria

2) correct, if above are met.

As for applying at Canadian border - where you want to apply? You cannot do it at the port of entry if you are not arriving to Canada from abroad. Going to the airport while you are already in Canada won't work. Going to land border without US visa may get you stacked in between. Intracomany transfer application is not a simple matter and it is not easy to get it at the port of entry.

davidchung

That's a good point. I guess I'll have to apply to the Hong Kong post.

Thanks for your help.