While for most Canadians, USMCA (previously NAFTA) is the most widely known trade agreement there are many others that have immigration consequences for Canadian businesses looking to send professionals to several countries. Below are some general requirements for an intra company transfers according to different trade agreements.
CCFTA Canada- Chile
CPA for Trans-Pacific Partnership (CPTPP)
Canada - Korea
CETA (Canada-European Union)
There are many more nuances and specifications to be considered. If you would like to find out more about these trade agreements, and determine if you qualify for an intra company transfer under any of these agreements, please contact Toronto lawyer Janice Warren.
Here is a detailed chart: USMCA information
An Intra Company Transfer or ITC work permit allows international companies to temporarily transfer their senior executives or employees to work for its Canadian subsidiary, affiliate, or branch. In many respects, an ITC is the Canadian counterpart to the American L1 visa.
To obtain this work permit, 3 main requirements must be met:
If the applicant is an executive, that person must direct management, set goals and use discretion in high level decision making. As a functional manager, the applicant must operate at the senior level, be involved in overseeing daily operations, and coordinate with other functional managers and senior level executives.
For those applying under the specialized knowledge category, s/he must show that there is 'proprietary knowledge' and ‘advanced level of expertise' which contributes to the overall productivity of the Canadian company. This knowledge should be scarce within the foreign firm and the industry to qualify as specialized. It must also be proven that these skills are not easily transferable and critical to the position applied for.
The good news is that this work permit is LMIA (Labor Market Impact Assessment) exempt, which relieves the Canadian company of onerous paperwork and research. Once approved, the ITC will be valid for one year initially, and the visa can be renewed.
The documentation required for this kind of application is extensive, complex, and full of nuances. It is crucial to make your submission as robust as possible, as a refusal at the port of entry will complicate your immigration matter. To make sure you have the proper documentation, and to guide you through the process, contact Toronto lawyer, Janice Warren.
In practice for 20 years, Janice P. Warren has concentrated her immigration law practice on helping Canadians move to the United States and finding ways to make their move as efficient and cost-effective as possible.