Intra-Company Transfers

Employees seeking to complete an intra-company transfer to Canada must meet the following requirements.

• A multinational company currently employs the Applicant, and they are seeking to transition into a similar role in a parent, a subsidiary, a branch, or an affiliate of the company where they are currently employed.
• The Applicant is transferring to an enterprise with a qualifying relationship with the company where they are currently employed. Furthermore, they will be undertaking legitimate employment focusing on continuing the establishment of the enterprise.
• The Applicant is being transferred to a position in an executive, senior managerial, or specialized knowledge capacity.
• The Applicant has been employed continuously by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application. 
• The Applicant is coming to Canada for a temporary period only.
• The Applicant complies with all immigration requirements for temporary entry.

The transferring employee must fall into one of the specified categories: executive, senior managerial, or a role requiring specialized knowledge. Each of these categories comes with distinct criteria as outlined:

Executive Intra-Company Transferee Requirements

To complete an Intra-Company Transfer under the Executive category, the Applicant being transferred (the “transferee”) must meet the following conditions:

• Directs the management of the organization as a whole or a significant component in a way that effects the function of the organization;
• Establishes goals and policies of the organization, a component of it, or its 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 Intra-Company Transferee Requirements

To complete an Intra-Company Transfer under the Managerial category, the transferee must meet the following:

• Manages the organization, department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees;
• Possesses authority to hire and fire or recommend those and other personnel actions (such as promotion and leave authorization) for employees directly supervised; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

Specialized Knowledge Intra-Company Transferee Requirements

To complete an Intra-Company Transfer under the Specialized Knowledge category, the employee must demonstrate an advanced level of proprietary knowledge and expertise of the company’s product, service, research, equipment, techniques, or management:

Proprietary knowledge is company-specific expertise related to a company’s product or services. This implies that the company has not divulged specifications, allowing others to duplicate the products or services offered.

Advanced proprietary knowledge would require an applicant to demonstrate:

• Significant and uncommon knowledge of products or services and their performance in international markets; or
• An advanced level of expertise or knowledge of the enterprise’s processes and procedures, including its production, research, equipment, techniques, or management.

An advanced level of expertise is also required, which requires specialized knowledge gained through seniority and experience. This means the longer the experience, the more likely the knowledge is qualifying as “specialized”. The experience with the organization must also be recent (within the last five years), and used by the individual to contribute significantly to the employer’s productivity.