Intra – Company Transferee

Intra – Company Transferee

Intra – Company Transferee Requirements

An intra-company transferee is essentially and work transfer program for lack of a better analogy. It involves an eligible worker who wishes to transfer between two qualifying organizations of the same company. The parent company being abroad and the branch company in Canada. As the applicant, there is a long list of criteria that you must meet in order to qualify. The same goes for your company. There must exist a "qualifying" relationship between your home company and the branch you wish to transfer to. Demonstrating this relationship is easier said than done.

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If you intend on applying as an intra-company transferee, as the applicant, you must:

• have worked:
  • on an ongoing basis,
  • for at least one year in the last three years,
  • for the same or a related employer in the United States or Mexico,
• be transferred to Canada to work short term for the same or a related employer,
• work as a manager, as an executive or in a job that uses specialized knowledge, and
• have a work permit.

The above will help you understand whether or not you meet the basic criteria to be considered an eligible worker. You will also need to determine the nature of your work:

• Directs the management of the organization or a major component or function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision or direction from higher level authorities

• Manages the organization, a department, subdivision, function, or component of the organization;
• Supervises and control the work of:
  • Other manager or supervisors;
  • Professional employees, or
  • Manages an essential function within the organization, or a department or subdivision of the organization

• Has the authority to hire and fire, or recommend these and other personnel actions, such as promotion and leave authorization; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has the authority.

• Has unique or unusual knowledge of a company's product or service and its application in international markets, or an advanced level of knowledge or
• expertise in the organization's processes and procedures (product, process and service can include research, equipment, techniques, management, or other interests).

Submitting an application to this program comes with a long list of requirements as well as employer criteria that you will need to consider. Both you and your employer will need to meet the eligibility criteria in order to have your application processed.

To be successful as an intra-company transferee, you will need to satisfy an officer making a decision on your matter that you have the necessary skills and background to fulfill you intended purpose in Canada, your parent company abroad and the company in Canada have a qualifying relationship and you will be fulfilling your intended duties under the classification of an executive, managerial or specialized knowledge.

An application for an intra-company transferee work permit is a very document intensive and complicated application. We highly recommend you seek the assistance of a skilled immigration representative.

If you intend on submitting your application without the support of a representative, there are a couple of factors you should keep in mind.

Parent means a firm, corporation or other legal entity that has subsidiaries.

Subsidiary refers to a firm, a corporation, or other legal entity of which a parent owns:

• directly or indirectly, half or more than half of the entity and controls the entity; or
• owns, directly or indirectly, 50% of a 50-50 joint venture and has equal control and veto power over the entity; or
• owns directly or indirectly, less than half of the entity, but in fact controls the entity.

Branch is an operating division or office of the same organization housed in a different location.

Affiliate means:

• one of two subsidiaries, both of which are owned and controlled by the same parent or individual; or
• one of two legal entities, owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each company.

Education – Your education should reflect your current position as well as your intended purpose in Canada.

Knowledge– Knowledge in your field should be based on experience with the company and be unique to your occupation. Essentially, not just anyone would be able to accomplish your intended purpose in Canada.

Experience – Your experience or tenure with the company should be comparable to your claims of unique knowledge. If you have only been working of the company for two years, for example, you will need to strongly demonstrate that you have amassed unique or insider knowledge of the company's business in a relatively short amount of time.

Salary – Your intended salary should be comparable to current market standards in the province your company will be operating out of in Canada.

Relevant training – Training you have received could also reflect how you have obtained specialized or in depth knowledge.

Supporting documentation – Your resume, reference letters, proof of completed works etc. should reflect your claims and the factors above.

We solved hundreds of Business Visa application cases. We have helped our customers in their difficult situation and have guided them to outline a more effective application. We can help you prepare an application and arrange necessary documents. A well-planned and complete application will increase your acceptability and save you from trouble.

If you are worried about legal fees, don't! Our goal is to help people who are interested in immigrating to Canada. Contact us and we can provide many options for you. You can also buy our reasonable immigration tool kit “Do it Yourself” which detailing everything for you. If you are still confused, come back to us. We will review your case before you submit it to get the best result.

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