Intra-Company Transfer-Canada

Introduction

The main advantage of going to Canada via an intra-company transfer is that although a TWP is still needed, a LMIA isn't. A qualifying intra-company transferee may be issued with a TWP that has a duration of three years on first entry to Canada and extensions of stay are then given in two year increments.

However, in order to qualify for an intra-company transfer TWP, you must have worked for the company for at least one year within the three previous years outside Canada, and be either (i) an executive of the company; (ii) a senior manager of the company; or (iii) have specialised knowledge of the company's products and/or operations. Clarification of these three categories are below:

Executive capacity means that the employee primarily:

• Directs the management of the organization or a major component or function of the organization;
• Establishes the goals and policies of the organization, component or function;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

Managerial Capacity means that the employee primarily:

• Manages the organization, or a department, subdivision, function, or component of the organization;
• Supervises and controls the work of other managers or supervisors, professional employees or manages an essential function within the organization, or a department or subdivision of the organization;
• Has the authority to hire and fire, or recommend these or other personnel actions, such as promotion and leave authorization; and
• Exercises discretion over the day to day operation of the activity or function for which the employee has the authority.

A first line manager is not considered to be acting in a managerial capacity unless the employees who are being supervised are professionals.

A manager does not primarily perform tasks required in the production of a product or in the delivery of a product.

Specialized knowledge means:

• Special knowledge of the company's product or service and its application in international markets; and
• Advanced level of knowledge or expertise of the organization's processes and procedures.

Knowledge which is widely held or related to common practices is not considered specialist knowledge.

A worker who has specialized knowledge:

• Possesses knowledge that is valuable to the employer's competitiveness in the market place;
• Is uniquely qualified to contribute to the Canadian employer's knowledge of foreign operating conditions;
• Has been utilized as a key employee abroad in significant assignments which have enhanced the employer's productivity, competitiveness, image or financial position.

A specialized knowledge worker would normally possess the following characteristics:

• knowledge that is uncommon (i.e., beyond that generally found in a particular industry and within the company);
• knowledge that has been gained through extensive experience and is difficult to acquire in a short period of time;
• difficulty to train another worker to assume such duties;
• the required knowledge is complex in that it cannot be easily transferred;
• a person possessing such knowledge would be in a position that is critical to the well-being or productivity of the Canadian employer, and that cannot be found in the Canadian labour market.

Documents required for an application for an intra-company transfer TWP

Proof of citizenship (normally a passport) and a letter or affadavit from their employer supplying the following information:

• confirmation that they have been employed in an Executive, Senior Managerial or Specialized Knowledge capacity outside of Canada for at least 1 year in the previous 3 years preceding the application;
• an outline of the applicants position in an Executive, Senior Managerial or Specialized Knowledge capacity which should contain the position, title, place in the organization, job description and duties performed by the foreign worker;
• an outline of the foreign workers qualifications and employment history to support the claim that they are qualified for the position in Canada;
• an outline of the intended position in Canada, including the title, place in the organization, and job description;
• documents indicating the arrangements for renumeration, the anticipated length of stay, and a clear description of the legal relationship between the entity in Canada and the foreign entity; and
• details of the business activities of the entity outside of and within Canada to demonstrate that the Canadian entity is permanent and continuing.