- Foreign Nationals Must Now be Actively Employed Overseas When Applying for Intracompany Transferee Status
- July 19, 2012
- Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
To qualify for a work permit as an intracompany transferee, a foreign national must be employed by an overseas parent, subsidiary, branch or affiliate of the Canadian sponsoring employer at the time his or her application is filed. This new rule applies to the general intracompany transferee work permit category and to transferees under Canada’s free trade agreements, such as NAFTA. The change was announced July 13, 2012 and took effect immediately.
Intracompany transferees have always been required to have worked for the overseas entity for at least one continuous year in the three years preceding the filing date of their work permit application, but they were not required to be actively employed by the overseas entity at the time their work permit application was submitted.
In general, foreign entities may transfer an employee to a parent, subsidiary, branch, or affiliated business in Canada if the foreign national worked for the entity overseas for at least one continuous year within the preceding three years in an executive or senior managerial position or in a specialized knowledge position and will work in one of those categories in Canada. Intracompany transferees are exempt from labor market opinion requirements, but must obtain a work permit.