If you work for a company that wants to open a parent company, branch, subsidiary, or affiliate in Canada, you may be able to secure a Canadian work permit through the Intra-Company Transfer start-up visa program.
Alternatively, if you are an employee of a company with a Canadian branch, subsidiary or affiliate, you may also qualify to be transferred to the Canadian company if you have specialized knowledge. Under this program, intra-company transferees are exempt from the requirement to obtain a Labour Market Impact Assessment (LMIA).
Start-Ups Usually, the company should have found physical premises to house the Canadian company/subsidiary. However, the exception to this if you are an executive or senior manager; then the company may use its representative’s address until the foreign worker can purchase or lease a premise.
where managers are being transferred, the operation is large enough to support several managerial or executive functions; andwhere the transferred person has specialized knowledge, that the work is being guided and directed by a manager. Ict Transferring Employees In order to qualify to be transferred as an employee, the applicant must:
What can you do?
As a 5 year ban prevents individuals from coming to Canada within that time period, an application under section 25(1) of the Immigration and Refugee Protection Act, can overcome this inadmissibility.
It is imperative to provide well written arguments and evidence to be successful using H&C law. This can only be achieved in the hands of an immigration lawyer. We specialize in such cases and are able to provide you with solutions to your immigration problems. For full information on H&C Applications, please contact CTIS. These applications are extremely complex and are most often decided on paper and therefore the application must be comprehensive, concise and compelling.
be currently employed by a multi-national company and be seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;be transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18–24 months can be used as a reasonable minimum guideline);be being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application; andbe coming to Canada for a temporary period only.
Even though an applicant may not have full-time work experience with the foreign company, the application can still be approved based different factors:
The number of years of work experience with the foreign companyThe similarity of the positionsThe extent of any part-time positions with the foreign companyWhether there appears to be an abuse of the ICT provisions.
This is the most important factor
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