Citizenship and Immigration Canada (CIC) issued new guidelines
yesterday, detailing its new method of assessing Intra-Company
Transfers based on Specialized Knowledge. This provision is an
important vehicle for many companies seeking to bring/send
personnel to Canada, and its new limitations could have significant
impact on many companies who indeed seek to bring/send specialized
personnel to Canada.
Among other new considerations, the new guidelines indicate that
an Intra-Company Transferee must:
(a) show a high degree of BOTH proprietary knowledge AND
(b) be paid at least prevailing wage (with an exemption for
NAFTA and other Free Trade Agreement applicants), and
(c) be supervised in Canada (not the home country).
These elements represent significant departures from previous
considerations, and will narrow the available pool of personnel
that employers can send/bring to Canada.
Previously (again, among many issues):
Intra-Company Transferees could be paid and supervised from a
foreign country (though this has been changing in recent years).
This new provision disallows that, so that if an employee is coming
for a short stay, and will remain under the control of a
'home' supervisor, he may no longer qualify as an
Intra-Company Transferees needed to provide evidence of only
one of 'proprietary knowledge' or 'advanced
expertise'. The new requirement for both elements of the test
will certainly eliminate a large pool of prospective applicants who
may have previously qualified.
What is the impact of the changes:
The impact of these changes is significant. Many companies rely
on these Intra-Company Transfer provisions to allow effective
global operation. With restricted criteria, it is certain that many
employees who could previously be considered 'routine'
Intra-Company Transfers, will suddenly need to find another Labour
Market Opinion (LMO) exemption (of which there are very few), or
indeed seek an LMO, which could take considerable time and expense,
and which is not assured of success.
Who should consider the impact of the changes:
The impact of these changes should be considered by any
corporation that seeks to send/bring personnel to Canada, as well
as relocation or global mobility organizations assisting such
companies, and counsel advising such companies. As well, the
employee him/herself will obviously be impacted by a restriction on
the ability to quickly secure a work permit for Canada.
Actions to take:
Corporations, as well as counsel and relocation advisors, need
to ensure that they recognize who may or may not qualify for
Intra-Company Transfer status moving forward. Preventative measures
such as seeking LMOs early may be in order, to compensate for this
new development. Further, the new pronouncements are not clear on
the fate of Intra-Company Transferees already in Canada, and the
prospect for renewal. As such, corporations must also consider the
need to replace those people already in Canada as their work
permits being to expire.
Given the impact of the pronouncements, it is strongly suggested
that corporations consider their options forthwith.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
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