Accompanying family members may also be eligible to join the foreign worker in Canada, with the spouse or common-law partner of the intra-company transferee being able to obtain work in Canada on an open work permit.

Employers bringing international staff to Canada as intra-company transferees are exempt from the requirement to obtain a Labour Market Impact Assessment (LMIA). For this reason, the process can be quicker, simpler, and more cost effective than the LMIA route. Qualified intra-company transferees provide ‘significant economic benefit to Canada’ through the transfer of their skills and expertise to the Canadian labour market. Intra-company transferees may be from any country.

Intra-company transfers to Canada: categories

To be eligible to work in Canada under the Intra-Company Transfer program, foreign workers must fall into one of three defined categories:

• Executives primarily direct the management of the enterprise, or a major component thereof, and receive only general (if any) supervision from higher level executives.
• Senior managers manage all or part of the enterprise and supervise or control the work of other managers or professional employees.
• Workers with ‘specialized knowledge’ can demonstrate specialized knowledge of the enterprise’s product or service, or an advanced level of expertise in the enterprise’s processes and procedures.

Intra-company transfers to Canada: work permit duration

Immigration, Refugees and Citizenship Canada (IRCC) stipulates that initial work permits granted under the Intra-Company Transfer program are typically for a one-year duration. However, these work permits may be renewed. For renewals, evidence should be provided that:

• the Canadian and foreign companies still have a qualifying relationship.
• the new office has engaged in the continuous provision of goods or services for the past year; and
• the new office has been staffed appropriately.