Intra-company transferees

With a few exceptions, all foreign nationals wishing to work in Canada must obtain a work permit. In most cases, this requires a Canadian employer to obtain a positive Labour Market Impact Assessment (LMIA). However, under the intra-company transfer stream of the International Mobility Program, foreign workers can obtain a work permit without needing to provide an LMIA.

Did you know?

Foreign nationals from many countries can work temporarily in Canada through the International Experience Canada (IEC) program. This program allows young adults to gain work experience in Canada while discovering the country. Find out if you are eligible and learn more about the opportunities offered by the IEC!

To be eligible for an LMIA exemption as an intra-company transferee, both the employee and the company must meet several requirements.

To be eligible for an intra-company transfer under the International Mobility Program, a foreign national must meet several specific criteria:

Employment in a multinational company: The employee must work for a multinational company that seeks to establish a head office, subsidiary, branch, or affiliate in Canada, and this business relationship must be eligible.

Eligible position: The position in Canada must be at an executive level, senior management level, or require specialized knowledge. The employee must have worked full-time for the company for at least one year within the last three years.

Criteria of the International Mobility Program: The program relies on definitions set out in the North American Free Trade Agreement (NAFTA) to assess the employee’s qualifications as an executive, senior management, or specialized knowledge expert.

Management Skills

To meet this definition, the position must fulfill some or all of the following criteria:

• Directing the management of the organization or a major component.
• Establishing objectives and policies for the organization or its function.
• Enjoying significant latitude in decision-making.
• Receiving directives only from senior executives, the board of directors, or shareholders.

Management Skills

The position must meet some or all of the following criteria:

• Managing a department, subdivision, or component of the organization.
• Supervising and controlling the work of supervisors, professionals, or executives, or managing an essential function.
• Having the authority to hire, dismiss, and take other personnel actions.
• Exercising discretion over daily operations under their responsibility.

Specialized Knowledge

Specialized knowledge must include exclusive knowledge and advanced expertise:

• Exclusive knowledge: Expertise specific to the company that is not disclosed to others.
• Advanced expertise: Knowledge acquired through significant and recent experience within the company, contributing to the employer’s productivity.

The company located outside Canada and the Canadian company must be linked by one of the following relationships: parent company, subsidiary, branch, or affiliate. Additionally, both companies must have an active business relationship, meaning they must be regularly engaged in providing goods and services. A mere presence in Canada is not sufficient to meet this requirement.

If an applicant meets these criteria, they may apply for an LMIA-exempt work permit. Depending on the applicant’s country of residence and citizenship, applications may be submitted at a Canadian port of entry, to the appropriate Visa Application Center (VAC), and/or online.

Some countries have trade agreements with Canada that provide additional options for intra-company transferees. Nationals from countries covered by the North American Free Trade Agreement (NAFTA) or the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union can explore these programs to discover the available options.