If you are an employee of a multinational company located outside of Canada, you may be eligible to obtain an LMIA-exempt work permit to transfer to one of the company’s locations within Canada.

General Requirements for the Employee:

To qualify for an LMIA-exemption as an intra-company transferee, the employee must:

• Be employed at a multinational company seeking entry to Canada to work at the company’s parent, subsidiary, branch, or affiliate;
• Be applying to work in Canada in a position at the executive level, senior managerial level, or in a position requiring specialized knowledge;
• Have been employed with the company for at least 1 year (full-time) within the previous 3 years.
• Please note that to identify executive capacity, senior managerial capacity, and specialized knowledge, the International Mobility Program uses the definitions outlined in the North American Free Trade Agreement (NAFTA).

Executive Capacity:

A position must meet some or all of the following criteria to meet the definition of executive capacity:

• 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 executives, the board of directors, or stockholders of the organization.

Managerial Capacity:

A position must meet some or all of the following criteria to meet the definition of managerial capacity:

• manages the organization, or a department, subdivision, function, or component of the organization;
• supervises and controls the work of other supervisory, professional, or managerial 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 those, as well as other, personnel actions (such as promotion and leave authorization); if no other employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed; and
• exercises discretion over the day-to-day operations of the activity or function for which the employee has the authority.

Specialized Knowledge:

A position must require both proprietary knowledge and advanced expertise to meet the definition of specialized knowledge. These are defined through NAFTA as the following:

Proprietary Knowledge: “company-specific expertise related to a company’s product or services. It implies that the company has not divulged specifications that would allow other companies to duplicate the product or service.”

Advanced Expertise: “specialized knowledge gained through significance (i.e. the longer the experience, the more likely the knowledge is indeed “specialized”) and recent (i.e. within the last 5 years) experience with the organization and used by the individual to contribute significantly to the employer’s productivity.”

General Requirements for the Multinational Company:

The multinational company must meet the following requirements:

• the enterprise outside of Canada and the enterprise inside of Canada must have one of the following relationships: parent, subsidiary, branch, or affiliate;
• the two enterprises must be doing business. This means that they are regularly and continuously engaging in the provision of goods and services. The mere presence of a location in Canada will not be sufficient to meet this requirement.

If you meet the above-mentioned criteria, you are eligible to submit a work permit application for an LMIA-exempt work permit. Depending on your country of residence and citizenship, work permit applications may be submitted at a Canadian Port of Entry (POE), at the appropriate Visa Application Centre (VAC), and/or online.

Foreign nationals from countries covered by the North American Free Trade Agreement (NAFTA) or Canada-European Union Comprehensive Economic and Trade Agreement (CETA), may consult those programs for additional options. These programs offer additional benefits for eligible foreign nationals who wish to work in Canada as intra-company transferees. For example, NAFTA offers expedited processing for certain intra-company transferees who are citizens of the United States or Mexico, while CETA allows eligible intra-company transferees from European Union member states to obtain work permits without an LMIA.
At HOI, we understand that navigating complex immigration regulations can be challenging, especially for employers who wish to bring foreign workers to Canada. Our team of experienced immigration consultants can help guide your company through the intra-company transfer process, ensuring that all requirements are met and the application is processed quickly and efficiently. Contact us today to discuss your work permit needs and how we can help you bring the right talent to Canada.