Intracompany Transfers Handbook
Intracompany Transfers Entry to Canada Guide For Employers
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Contents
1. Introduction
2.1 General
2.2 General Criteria
2.3 Qualifying Relationship Between the Canadian and Foreign Employer
- 2.3.1 Affiliate
- 2.3.2 Branch
- 2.3.3 Parent
- 2.3.4 Subsidiary
2.4 Qualifying Relationship Between the Employer and Foreign Worker
2.5 Services Provided by the Foreign Worker
- 2.5.1 Executive Capacity
- 2.5.2 Managerial Capacity
- 2.5.3 Specialized Knowledge
3.1 General
3.2 Requirements
3.3 Where An Application May Be Made
3.4 Documentation Required by the Foreign Worker
3.5 Immigration Documentation on First Entry
3.6 Extensions
3.7 Best Use of the General Provision
- 3.7.1 Executives and Senior Managers
- 3.7.2 Specialized Knowledge Workers
4.1 International Agreements: General
4.2 North American Free Trade Agreement:
- 4.2.1 General
- 4.2.2 Executives and Senior Managers
- 4.2.3 Specialized Knowledge Workers
- 4.2.4 Requirements for the Company
- 4.2.5 Where An Application May Be Made
- 4.2.6 Documentation Required by the Specialized Knowledge Worker
- 4.2.7 Documentation From Immigration
4.3 Canada Chile Free Trade Agreement
5. Comparison: General Provision and International Agreements
5.1 General
5.2 Executives and Managers
5.3 Specialized Knowledge Workers
5.4 Citizenship Factor
5.5 Duration of Employment in Canada
5.6 Executives
5.7 Managers
5.8 Specialized Knowledge Workers
6. Miscellaneous Categories of Foreign Workers
6.1 General
6.2 Business Visitors
6.3 Company Purchasers of Goods or Services
6.4 Company Trainers
6.5 Company Trainees
6.6 Company Sellers
6.7 Company Employees for Consultation
6.8 Reciprocal Employment Opportunities for Canadians
6.9 International Student and Young Worker Programs
7.1 Introduction
- 7.1.1 General
- 7.1.2 Skilled Worker Class of Immigrants
- 7.1.3 Skilled Worker Selection Criteria
- 7.1.4 Arranged Employment Criteria
7.2 Permanent Position: No interim Work Permit
- 7.2.1 Employer’s Role
- 7.2.2 Determination: Genuine Offers
- 7.2.3 Determination: Not part-time or Seasonal
- 7.2.4 Determination: Wages and Working Conditions Attractive to Canadians
- 7.2.5 After HRSDC Approval
7.3 Permanent Position: Interim Work Permit
- 7.3.1 Labour Market Opinion
- 7.3.2 Employers Role
- 7.3.3 After HRSDC Approval
- 7.3.4 Extension of the CIC Work Permit
7.4 Temporary Position: Work Permit
- 7.4.1 Labour Market Opinion
- 7.4.2 Employers Role
- 7.4.3 After HRSDC Approval
- 7.4.4 Extension/Renewal of the CIC Work Permit
7.5 HRSDC Miscellaneous
- 7.5.1 Reasons for Refusal of Confirmations
- 7.5.2 Time Standards for Processing Confirmations
- 7.5.3 Employers Represented by Third Parties
8. Applying For Work Permits at Ports of Entry
9. Applying for Work Permits at Canadian Visa Posts
10. Applying for Extensions of Work Permits in Canada
10.1 General
10.2 How to Apply
10.3 Documentation That Should Accompany The Application
10.4 Cost Recovery
10.5 Time Standards for Processing Extension Requests
10.6 Leaving Canada Before an Extension Request Is Finalized
12. Temporary Resident Visas and Travel Documents
12.1 Temporary Resident Visas
12.2 Travel Documents
12.3 U.S. Citizens and Alien Residents
13. Cost Recovery
14. Related Issues
14.1 Spousal Employment
14.2 Processing Time Standards for Work Permits
14.3 Social Insurance Numbers
14.4 Health Coverage in Ontario for Holders of Work Permits
1. Introduction
This Handbook is a guide to Immigration procedures to be followed when transferring foreign workers of multinational companies from outside Canada to a Canadian parent or subsidiary.
In Canada, regulation of the entry of foreign workers is a federal responsibility. The authority to grant entry to foreign workers on either a temporary or permanent basis rests with the Department of Citizenship and Immigration Canada (CIC). In many instances, CIC must first request a labour market opinion from Human Resources Skills Development Canada (HRSDC) before allowing a foreign worker to commence work in Canada.
The Handbook is structured to provide the user with an understanding of the general rules and the procedures set down by CIC and HRSDC.
Each Section contains:
- detailed instructions on requirements that must be met
- documentation that must be provided.
Human Resources personnel who follow these guidelines should be confident that border crossings for their key personnel will be trouble free.
Canada's Immigration law, its regulations, and their application can be complex. As such, this document cannot be considered to be a legal document and is meant as a guide only. For precise legal information, consult the Immigration and Refugee Protection Act; the Immigration and Refugee Protection Regulations; Chapter 16 of the North American Free Trade Agreement; Chapter K of the Canada Chile Free Trade Agreement; and the General Agreement on Trades in Services.
