Intra Company Transfer Visa in Canada

Updated on Thursday 22nd April 2021

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The intra company transfer in Canada represents an option through which an employee can relocate to another foreign country, by joining an establishment of the company in which the employee works that operates in the respective country. For instance, this can be the case of a foreign company that has set up a branch office in Canada
 
For those who want to apply for an intra company transfer visa in Canada, various legal procedures have to be followed and numerous conditions will apply as well. At the same time, the office operating in Canada must provide evidence on why there is a need for relocating a foreign employee instead of hiring a local employee. Here, a qualifying relation has to be proven and our team of consultants in company registration in Canada can offer extensive details on what this relation can be. 
 

What are the main conditions for the Canada intra company transfer visa?
 

In order to be eligible for an intra company transfer in Canada, the applicant employee must meet a set of criteria. One of them is to have an ongoing contractual relation that lasts for at least one year in the last three years for the same employer or an related employer that is located in the United States of America (USA) or Mexico. 
 
Other than the conditions mentioned above, the employee has to be relocated to Canada under a short-term employment contract signed with the same employer or a related employer, as a qualified employee in a managerial position or as an executive. Of course, in order to receive the intra company transfer visa in Canada, the applicant must be the holder of a work permit. The company transfer is open solely to those developing managerial work activities or for those who are qualified as executives who have specialized knowledge in various fields. 
 

What are the qualifying company structures for the intra company transfer in Canada? 
 

The right to apply for this special category of visa is available only for those who will be relocated in companies owned or controlled by the same company. Qualifying companies can be only those that operate under a parent company. There are several options in this sense, referring to the subsidiary, the branch office or to affiliate companies. 
 
All these structures represent entities which are fully controlled by the parent company, as it is the case of the branch office, which simply represents a sub-division of the parent company working in a foreign jurisdiction, or which are partially owned by the parent company, as it is the case of a subsidiary, which is a separate legal entity with its own managerial rights, but in which the parent company owns at least half of the subsidiary’s shares
 
The Canada intra company transfer visa procedure can be started only if any of the situations presented above can be proved by various documents. When applying for this program, one will need to present relevant documents regarding this matter, besides personal documents that are usually required when applying for a visa, and our team can advise on this matter. 
 

What should an applicant know on the intra company transfer visa in Canada?
 

Those who want to apply for this program must know that it can provide specific advantages, including on the intra company transfer Canada processing time, as this visa can be issued much faster compared to other employment visas available in this country. Below, you can find few highlights of this program:
 
  • the visa is available for those who are employed as full-time employees, working at least 30 hours per week in the same company for minimum 1 year;
  • prior to sending an application for the intra company transfer in Canada, the employer has to submit a set of documents with the Immigration, Refugees and Citizenship Canada and pay an application fee of $230;
  • in several situations, the intra company transfer Canada processing time can be of only 2 weeks, but this applies for highly skilled and top managerial positions;
  • as a general rule, the standard intra company transfer Canada processing time is of 1-2 months, and in exceptional cases (less than 5% of the applications) it can last for up to 3 or 4 months;
  • the right to stay in Canada can vary from 1 to 7 years, depending on the skills and the position the employee will have in the Canadian company (the more specialized the job, the more time the foreigner can stay in Canada).
     
If you need more details on how to start this procedure and the documentation that you must prepare for the issuance of the visa, we invite you to contact our team of consultants in company formation in Canada. Our team can advise on all the basic requirements in order to ensure that you will obtain the Canada intra company transfer visa as soon as possible.