In June, Citizenship and Immigration Canada introduced a number of "updates" to their Foreign Worker manual. The Foreign Worker manual is usually the first resource immigration officers consult when making an immigration decision regarding work permits and, as a result, any "updates" made to this publication can result in significant changes to how immigration eligibility is assessed. Some of the more significant "updates" deal with the qualifications of intra-company transferees who wish to work in Canada.

Intra-company transferees (ICTs) are employees of multinational companies seeking to work in Canada for a related company. There are three types of ICTs – executives, managers and specialized knowledge workers. While most of the basic requirements that companies and employees must meet have not been changed, the following are some of the more significant changes:

  • First, in order to qualify as an ICT, the transferring employee must be a current employee of the foreign transferring company. Previously, Citizenship and Immigration allowed former employees to be ICTs as long as they were employed abroad for at least one year in the three years immediately before the transfer.
  • Second, officers are now instructed to analyze whether an ICT's proposed Canadian position will be at a similar or higher level than his or her foreign position. If it is determined that the ICT will not be making a lateral move or is being promoted, the ICT will only be approved if he or she is able to establish that an exceptional situation exists. In conducting this analysis, officers will now review both the ICT's foreign and prospective Canadian position against Canada's National Occupational Classification.
  • Finally, for specialized knowledge ICTs, specialized knowledge can now be analyzed in relation to the knowledge base in the ICT's company. Previously, specialized knowledge ICTs had to prove that their knowledge was beyond what is commonly found in the industry. This change should be of assistance to ICTs and companies who do not have an in-depth knowledge of what is commonly found in the industry.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.