Inter-company transfer

[pdb1]

If my company is willing to transfer me to Canada from the US, what kind of Visa do I need? I am a british Citizen living in the US. The company currently has operations in US and Canada. Some comments on the web seem to indicate that in this scenario, I can get the visa at the canadian airport. No need to apply for any temporary visa ahead of time, no need to do any LMO (labor market opinion). Does anyone have experience with this. Any help would be appreciated.

The reason I post this under family class is because, I have already applied for PR through my spouse. So I also need help understand the linkage between inter-company transfer and PR through family class

 

[awor]

Once you have PR through your spouse, you don't need anything else. You're free to work, study, and live in Canada with just the PR.

 

[PMM]

Hi

If my company is willing to transfer me to Canada from the US, what kind of Visa do I need? I am a british Citizen living in the US. The company currently has operations in US and Canada. Some comments on the web seem to indicate that in this scenario, I can get the visa at the canadian airport. No need to apply for any temporary visa ahead of time, no need to do any LMO (labor market opinion). Does anyone have experience with this. Any help would be appreciated.

The reason I post this under family class is because, I have already applied for PR through my spouse. So I also need help understand the linkage between inter-company transfer and PR through family class

1. For intra company transferee:

Intra-company transferees may apply for work permits under the general provision if they:
• are seeking entry to work in a parent, subsidiary, branch, or affiliate of a multi-national
company;
• will be undertaking employment at a legitimate and continuing establishment of that company
(where 18-24 months can be used as a reasonable minimum guideline);
FW 1 Temporary Foreign Worker Guidelines
• are taking a position in a Executive, Senior Managerial, or Specialized Knowledge capacity;
• have been employed (via payroll or by contract) by the company outside Canada in a similar
full-time position (not accumulated part-time) for one year in the three-year period immediately
preceding the date of application.

See: http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf page 52

2. You will need a letter from the employer covering your present job duties and the proposed job duties. You will the following form completed by the company. http://www.cic.gc.ca/english/work/employers.asp
maximums referred to in the tables at the end of this section (5.31) and in the table in section
11.2

 

[IndividualLikeEveryoneEls]

I know someone who was refused an intra-company transfer. He applied at the PoE and was categorically told by the IO that it cannot be applied for at PoE. His immigration consultant assured him they were wrong however that didn't help as he was turned around at the airport and sent back to where he came from. If you do (your employer does) apply for this, make sure you have sought sound advice. It can be a quick way in but as my friend found out, it is by no means guaranteed.

Can't you just wait for the spousal to be approved?

 

[pdb1]

Hi

1. For intra company transferee:

Intra-company transferees may apply for work permits under the general provision if they:
• are seeking entry to work in a parent, subsidiary, branch, or affiliate of a multi-national
company;
• will be undertaking employment at a legitimate and continuing establishment of that company
(where 18-24 months can be used as a reasonable minimum guideline);
FW 1 Temporary Foreign Worker Guidelines
• are taking a position in a Executive, Senior Managerial, or Specialized Knowledge capacity;
• have been employed (via payroll or by contract) by the company outside Canada in a similar
full-time position (not accumulated part-time) for one year in the three-year period immediately
preceding the date of application.

See: http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf page 52

2. You will need a letter from the employer covering your present job duties and the proposed job duties. You will the following form completed by the company. http://www.cic.gc.ca/english/work/employers.asp
maximums referred to in the tables at the end of this section (5.31) and in the table in section
11.2

This is great...but one additional question, how does the work permit differ under the general provision to a work permit by LMO.

 

[pdb1]

I know someone who was refused an intra-company transfer. He applied at the PoE and was categorically told by the IO that it cannot be applied for at PoE. His immigration consultant assured him they were wrong however that didn't help as he was turned around at the airport and sent back to where he came from. If you do (your employer does) apply for this, make sure you have sought sound advice. It can be a quick way in but as my friend found out, it is by no means guaranteed.

Can't you just wait for the spousal to be approved?

So it sounds like I should be getting the visa at PoE but this depends on the IO....

My wife is not feeling well and that is why we are moving...if I wait for the spousal approval then we could be waiting for another 6 to 12 months (buffalo seem to moving very slowly). I have spoken to my company and they are willing to accomodate me, which means I can move in the next two months with inter-company transfer

 

[IndividualLikeEveryoneEls]

My friend's advice is to not apply at PoE. You probably don't want to risk the heartache that he suffered. Temporary Foreign Worker Unit is the way to go I believe.

 

[IndividualLikeEveryoneEls]

You can call them and they are helpful. Their details are here http://www.cic.gc.ca/english/work/employers/tfw-units.asp

Good luck