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MEMORANDUM – CANADA WORK PERMIT - INTRA-COMPANY TRANSFEREE

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					 MEMORANDUM – CANADA WORK PERMIT - INTRA-COMPANY TRANSFEREE

Introduction

Intra-company transferee work permits are appropriate when a foreign corporation wants to
transfer an employee to a Canadian corporation that is related to the foreign corporation.
Applications involve filling out an Application for Work Permit form and including a carefully
drafted support letter with documentation that supports the application. The letter must include a
detailed job description for the position in Canada and the worker’s position with the foreign
company. Also, the letter must include documentation lending proof of the employee’s
qualifications for the position, including a C.V. and educational certificates.

Process

Intra-company transferee Work Permits can, generally, be immediately applied for at border
crossings or the first port of entry into Canada. However, it the applicant is required by
Immigration rules to have a medical examination or obtain a Temporary Resident Visa, the
application is made at a Canadian embassy or consulate outside of Canada. Citizenship and
Immigration Canada charges a processing fee (currently $150.00 (CAD) (credit cards accepted)
for each Work Permit.

Requirements of Employee

To obtain the Work Permit, the employee seeking to be transferred to Canada must have worked
as an employee of the foreign company for 1 continuous year, full-time, in the 3 years
immediately preceding the date of application.

Types of Work Permits

Intra-company Transferee Work Permits can be obtained by a qualified employee in the capacity
of (1) Executive/Managerial and (2) Specialized Knowledge.

Senior Manager/Executive

Decision-making authority, discretionary power and supervision of some staff are key for the
executive category. To be eligible for this category, the employee must have care, direction and
control over one or more major components of the Canadian company, including the supervision
of managerial staff. This employee is responsible for planning, organizing, directing or
controlling the business. This category is not applicable to middle managers. Examples and
details of these qualifications and duties are important to include in the support letter. This type
of permit is issued for 1-3 year term and is renewable indefinitely.

Specialized Knowledge

For an employee to qualify under this category, the knowledge that the employee possesses must
be a kind that cannot be gleaned simply from a day’s worth of training or from generic
schooling, but, rather, is specialized knowledge at an advanced level. In addition, knowledge of
an employer’s unique company product or processes and procedures can give an employee the
specialized knowledge necessary to successfully qualify for this category. The initial permit is
issued for a 1 year term and can be renewed for a total of 3 years.

Corporate Requirements

The Canadian company and the foreign company must have a qualifying relationship in order for
an employee to be eligible for an Intra-company Transferee work permit. Generally speaking,
there must be common control between the two companies. There are three major types of
qualifying corporate relationships, although each category has numerous permutations and
combinations:

   1. Parent or Subsidiary;
   2. Affiliate (including Joint Venture); or
   3. Branch.

Evidence of the qualifying relationship must be included in the application and explained in the
support letter, and can be in the form of organizational charts, share certificates, articles of
incorporation, or an Officer’s certificate setting out the relationship between the companies.

Miscellaneous
Spouses and children can accompany an employee with a Work Permit to live in Canada and will
be issued Visitor Records for the duration of the Work Permit. Depending on the type of
position the employee holds, the spouse may be eligible for an open Work Permit to work in
Canada as well.

The foregoing is a brief introduction to the Intra-company Transferee Work Permit category.
Should you want our office to prepare the application, support letter and accompanying
documentation for your company, please feel free to contact us to discuss your specific situation
further.

Shawna K. Vogel
Partner
Fraser Milner Casgrain LLP
(780) 423-7335
shawna.vogel@fmc-law.com


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