Employers often play a central role in Canadian corporate immigration. Often, companies sponsor foreign workers who wish to contribute to the Canadian economy – and the government encourages these types of activities. After all, foreign workers often have skills and qualifications not found within Canada – and the government recognizes their importance for growth and innovation. Corporations may also transfer employees to branches or satellite offices within Canada from other countries. This is called an “intra-company transfer.” Regardless of each company’s goals, representatives can work with experienced Canadian immigration lawyers to determine the most appropriate steps.
Intra-Company Transfer Visas in Canada
The Intra-company transfer work permit, also known as an “ICT” work permit, is a common choice for employers who wish to send their workers to Canada. It allows companies to transfer between their foreign headquarters and Canadian branches.
For example, you might have a parent company in the United States. If you operate a subsidiary, a branch, or some kind of affiliate, there are special work permits that allow you to transfer workers from your foreign headquarters to the Canadian branch.
Canadian regulations state that the branch must be operational and currently doing business in Canada. You cannot simply establish an empty office in Canada and call it a branch. As long as this foreign branch is actively engaged in the provision of goods or services, you should be able to transfer your workers to Canada relatively easily.
That said, only certain workers qualify for this type of transfer. If you want to send a worker to a Canadian branch, they must be:
A senior manager
An executive
A functional manager
Someone with “specialized knowledge”
The definition of “specialized knowledge” in this context is slightly vague and open-ended. However, these people are generally experts in highly specific fields. The worker might also have proprietary knowledge of the company’s products, services, or systems.
These restrictions protect Canadian domestic workers. The Canadian government believes it makes no sense to let a company hire foreign workers when Canadians can do the same job. Thus, these restrictions encourage foreign companies to hire Canadian workers instead of their own employees.
That said, Canada recognizes that some domestic workers cannot fulfill the unique needs of foreign companies. These might be managers or executives with years of experience. Alternatively, the company might need to bring someone with advanced technological knowledge that is not common among Canadian workers.
In some cases, it might not make sense to share proprietary information and trade secrets with average Canadian workers. Foreign companies may have concerns about corporate espionage, intellectual property infringement, and security. For these reasons, Canada allows companies to transfer workers with “specialized knowledge” – even if domestic workers have the same basic qualifications. Companies may need to bring trustworthy foreign workers to Canada.
What if I Want to Start a New Company in Canada?
CEOs, founders, and directors may plan to start new branches in Canada. But how do you transfer workers to Canada if the branch does not yet exist? Canada recognizes this issue and allows companies to obtain ICT work permits for startups.
As a high-level CEO, founder, or director, you might not have time to travel to Canada to establish this branch yourself. Your foreign company may require oversight, and you may need to send a qualified manager or executive to establish this new Canadian branch on the company’s behalf.
In this situation, you can obtain work permits for a team of workers who will establish the Canadian branch. However, this type of ICT startup permit has unique requirements.
First, your company must prove that you have the necessary funds to establish a startup in Canada. This includes not only the cost of establishing a physical presence in Canada but also the cost of paying your workers. Remember, Canada may have a higher minimum wage than that of other nations. There is also a relatively high cost of living, which means that payroll costs could be higher in Canada.
In addition, your company must provide the Canadian government with a business plan. This plan should detail exactly how you prove to establish the branch and become profitable.
You must also show that your company has secured a physical location for the new branch. This might be a leased space, or you might purchase a new workspace outright. Note that you can technically obtain your ICT startup visa if you are still in the “process” of obtaining a physical location for your business.
Finally, your company may need to be a certain size in order to qualify. Very small startups may cause Canadian immigration officials to ask questions, especially if the profitability of the company is dubious. Unfortunately, many people abuse the intra-company transfer program and create fraudulent businesses in order to gain work permits.
What About Canadian Corporations That Want to Hire Foreign Workers?
Canadian corporations also help foreign workers gain employment at their enterprises. They may do this by applying for Labour Market Impact Assessments (LMIAs). The purpose of this assessment is to establish that there is a need for foreign workers. If the LMIA establishes that there are Canadian workers who can perform the same duties, it may be difficult to hire foreign workers.
However, the LMIA is only required in certain situations. Other work permits are exempt from this requirement, and you may wish to discuss these exemptions with your Canadian immigration lawyer.
Can a Canadian Immigration Lawyer Help Me With Corporate Immigration?
Canada offers many economic opportunities for companies and workers around the world. But in order to take advantage of these opportunities, companies and workers must successfully navigate Canada’s immigration system. This isn’t always easy, and even a slight delay can affect your profit margins and growth plans. To make this process more seamless, company representatives and skilled foreign workers may consider working with experienced Canadian immigration lawyers. Choose Ackah Law – and get started with a plan today.
