This program allows international companies to transfer qualified employees to their established or new Canadian branch (or subsidiary or affiliate). The work-permit issued under this program is LMIA exempt.
This program is best suited for senior managers (or key personnel) with the intention and ability to expand their business in Canada. The foreign company can nominate one of its current employed high ranking decision makers, or an employee with specialized knowledge to travel to Canada to establish, and run the Canadian operation. This person will get a one year work permit under this program that can be renewed for two more years if certain conditions are met. There is a prospect of achieving permanent residency after one year, and through a variety of federal and provincial programs depending on the person’s education, experience and language abilities.
Section 205(a) of IRPR
Exempted – C12
Business owners (or key personnel) who have been continuously employed in the foreign company for at least 12 months;
There are no investment obligations but the foreign company must prove sufficient financial ability to start operations in Canada. This amount varies depending on the type of business, but in general cannot be less than CAD 100,000;
Required Supporting Documents
Visa Validity and Renewal
1-3 years (depending on transferee’s position). Can be renewed if certain conditions are met (staffing, securing premises and engaging in business);
Work Permit Social Benefits
2 weeks – 3 months (depending on the country of applicant);
Permeant Residency Prospect
Likely. Under different federal and provincial programs depending on certain conditions;
There are three categories of positions that can qualify for transfering to Canada:
Executive and Senior Managers: In general, executives and managers plan, organize, direct, or control the activities of a business, or a division of a business (e.g. Vice President of Marketing), either independently or through middle managers. They are frequently responsible for the implementation of the policies of a business. More senior persons, either alone or in conjunction with a board of directors, may formulate policies which establish the direction to be taken by the business.
Functional Mangers: in general, functional mangers. manage an essential function in the company, but do not necessarily manage staff. Essential function generally means a function that is indispensible or important to achieving the organization’s goals. A functional manager must operate at a senior level within the organization or within the function managed, and have discretion over the day-to-day operations of the function.
Employees with specialized knowledge: these employees have a high degree of both proprietary knowledge and advanced expertise.
Qualified companies are those that regularly, systematically, and continuously provide goods and/or services in their home jurisdiction. For instance, a company with no employees which only exists on paper, and is established for the sole purpose of facilitating the entry of intra-company transferees is not qualified. Companies must be able to provide evidence to prove that they are doing business. For example, payroll showing at least 5 employees, annual reports, website and commercial literature, profit/loss statements, partnership agreements, license to do business, business tax returns, and etc.
Not necessarily. A business can qualify if it is an entity constituted or organized under its jurisdiction’s applicable law, and either privately-owned or owned by the government, including any corporation, trust, partnership, sole proprietorship, joint venture or other associations.
No. Religious, charitable, service or other non-profit organizations can also qualify to use this program.
Yes. The entity operating in Canada has to be incorporated and structured such that a parent-subsidiary, affiliate or branch relationship is established between the foreign and Canadian entities.
The Canadian company must furnish realistic plans to staff the Canadian operation, and show the financial ability to commence business in Canada and compensate employees. The company must secure physical premises to house the Canadian operation. In the start-up phase however the company can use its lawyer’s address until the executive can purchase or lease a premise.
The company will have to provide immigration Canada with a business plan that details the Canadian operation, and in particular its recruitment approach.
Yes. The transferee has to be transferred to a position in a similar capacity and be offered employment for at least 18 months. The transferee must be paid by either the Canadian entity or the foreign entity.
This requires an assessment on a case-by-case basis. If interested, please book your consultation now.
No. But if you are planning for permanent residency you will need to have language proficiency by the time you apply for permanent residency.