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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.
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Given the complexities of a typical business acquisition, it is frequently the case that immigration issues slip well down the priority list for such a transaction.
As part of its Economic Action Plan 2013, the Federal Government signalled that it would be taking action in the coming months to reform the Temporary Foreign Worker Program.
The CEC, woven into the framework of the IRPA in 2008, was established in a bid to retain the top talent from abroad and overcome the excessively long processing delays many applicants experience when applying for permanent residence status under the federal skilled worker program.
