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Foreign nationals being temporarily transferred to work at their international employer’s Canadian branch, parent company, subsidiary, or affiliate may qualify for an Intra-Company Transfer (Intra Company Transfer) work permit.

Understanding the Intra Company Transfer Program

Before applying for an Intra Company Transfer work permit, there are two key things to know:

1. LMIA Exemption:
   Work permits under this program do not require a Labour Market Impact Assessment (LMIA). This means employers transferring eligible employees to Canada don’t need to prove that the hiring will have a neutral or positive impact on the Canadian labor market.
2. Eligible Job Roles:
   The applicant’s role in Canada must be in a “managerial, executive, or specialized knowledge” capacity. These roles are defined as:
   Managerial Positions:
   Senior Managers: Manage part or all of the company and supervise other managers or professionals.
   Functional Managers: Manage essential company functions but don’t necessarily supervise employees.
   Executive Positions: Lead the management of the entire corporation or a significant part of it.
   Specialized Knowledge Positions: Require employees to have advanced expertise and proprietary knowledge of the company’s products, services, or procedures.
   

Intra Company Transfer Work Permit Eligibility

To qualify for an Intra Company Transfer work permit, both employees and the companies (either established or start-up) must meet certain requirements.

Employee Eligibility

Employees seeking an Intra Company Transfer work permit must:

• Be employed by a foreign multinational company (MNC) transferring employees to Canada.
• Transfer to a Canadian branch, parent company, subsidiary, or affiliate of their employer.
• Work at a legitimate, ongoing business in Canada.
• Comply with Canada’s temporary entry requirements.
• Have worked full-time for at least one continuous year in the last three years in a role similar to their Canadian position.

In some cases, the full-time work or “one continuous year” requirement may not apply, such as:

• Part-time employment: Immigration authorities may consider factors like length of employment and role comparability.
• Corporate mergers/acquisitions: If the employee worked for an acquired company’s affiliate for one year in the last three years.

Established Company Eligibility

Established foreign MNCs must:

• Be actively conducting business with their Canadian branch, not just having a physical presence.
• Ensure the Canadian company receiving the employee is operational and providing goods or services.

Start-Up Eligibility

Start-ups seeking an Intra Company Transfer work permit must:

• Demonstrate financial capability to support start-up costs and employee salaries.
• Provide a business plan for operations in Canada, including staffing.
• Show that they have secured (or are securing) a physical location in Canada.
• Prove they will be doing business and have Canadian management overseeing the work.

If approved, start-up Intra Company Transfer work permits are issued for one year and may be renewed if the company continues to actively operate in Canada and maintains a qualifying relationship with a Canadian entity.