Note: The information and eligibility criteria contained herein are subject to change by the Immigration, Refugees and Citizenship Canada (or “IRCC”) without prior notice. Please consult with Kaizen’s visa and immigration professionals before applying.
For reference purposes and subject to change, the Immigration, Refugees and citizenship Canada application fees as at May 23rd, 2022 are as follows:
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(1) |
Eligibility assessment and consultation with our immigration counsel; |
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(2) |
Continuous advice and guidance on the ICT work permit application; |
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(3) |
Guidance on the creation of the Employer Portal account and submission of the Offer of Employment; |
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(4) |
Drafting of the business plan (start-up scenario ONLY); |
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(5) |
Assistance with gathering the supporting documents; |
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(6) |
Preparation of the application forms; |
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(7) |
Legal representation for the purpose of the ICT work permit application; |
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(8) |
Submission of the ICT application package to the relevant governmental authorities; |
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(9) |
Liaison with the governmental authorities and reporting of the application status; |
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(10) |
Responding to requests for additional documents and procedural fairness letters, if any; |
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(11) |
Assistance with the medical examination(s) and police certificate(s) documentation; |
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(12) |
Upon approval of the work permit application, handling of the Letter of Introduction. |
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You may be eligible for an intra-company transferee work permit if you: |
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| (1) |
Are currently employed by a multinational company and seeking entry to Canada to work in an entity that has a qualifying relationship* with the foreign company; |
| (2) |
Have been employed continuously (via payroll or by direct contract) by the foreign company in a similar full-time position (not accumulated part-time) for at least 1 year in the 3-year period immediately preceding the date of application; |
| (3) |
Will be undertaking employment at a legitimate and continuing establishment of the Canadian entity (where 18 to 24 months is a reasonable minimum guideline); |
| (4) |
Are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity; |
| (5) | Are coming to Canada for a temporary period only and will comply with all visa requirements for temporary entry. |
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Generally, the foreign company must: |
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| (1) |
Be a legal entity in the home country and have a qualifying relationship* with the Canadian legal entity; |
| (2) |
Be actively engaged in business in the home country. The Canadian entity also must be or will be doing business; |
| (3) |
Secure physical premises to house the Canadian operation, particularly in the case of specialized knowledge. However, in specific cases involving senior managers or executives, it would be acceptable that the address of the new start-up not yet be secured. In such case, the new entity may use its counsel’s address until the transferred executive or manager can purchase or lease a premise; |
| (4) |
Furnish realistic plans to staff the new operation; |
| (5) |
Have the financial ability to commence business in Canada and compensate employees; |
| (6) |
When transferring executives or managers, demonstrate that it will be large enough to support the executive or management function; |
| (7) |
When transferring specialized knowledge workers, demonstrate that it is expected to be doing business and ensure that work is guided and directed by management at the Canadian operation. |
| (1) |
Application for Work Permit Made Outside of Canada (IMM 1295) |
| (2) |
Family Information form (IMM 5707). It must be completed by those aged 18 years or older or a minor travelling alone to Canada |
| (3) |
Statutory Declaration of Common-law Union (IMM 5409), where applicable |
| (4) |
Use of a Representative (IMM 5476) |
| (5) |
Authority to Release Personal Information to a Designated Individual (IMM 5475) |
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(1) |
Online Offer of Employment submitted via the Employer Portal, which must include information about: |
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(a) |
The Canadian business |
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(b) |
The transferee |
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(c) |
The job details |
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(d) |
The wage and benefits |
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(e) |
+ The payment of the employer compliance fee of CAD230 |
| (2) |
Qualifying relationship between foreign and Canadian entities (non-exhaustive): |
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(a) |
Business license or registration |
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(b) |
Articles of incorporation, articles of association, partnership agreements if any |
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(c) |
Registration with relevant tax authorities |
| (3) |
Financial ability of the company to commence and establish a business, compensate employees, and cover other operational expenses in the first year: |
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(a) |
Audit reports, or financial statements including profit & loss statements |
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(b) |
Business tax returns (declarations, notices of assessment, payment receipts, etc.) |
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(c) |
Bank statements indicating the investment funds, etc. |
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(d) |
Payroll |
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(e) | Proof of active engagement in business (permits and office lease, insurance/wage payments for employees, marketing material, contracts and agreements, invoices, accounting records, etc.) |
| (4) |
If establishing a start-up: a detailed and viable business plan, including a realistic hiring plan in Canada for the next five years |
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| (5) |
Where necessary: Business owner’s personal documents (educational diplomas, employment letters, passport, marriage certificate, passport photo, bank statements) |
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| (6) | Any additional document the visa office may request | |
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(7) |
Document Checklist (IMM 5488) | |
| (8) |
Offer of Employment ID number generated by the company’s Employer Portal |
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| (9) |
Copy of transferee’s valid passport or travel document (biographic page with name, passport number, photograph, date and place of birth, and issuance and expiry dates) |
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| (10) |
Two (2) recent photographs meeting the required photo specifications |
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| (11) |
Proof of current immigration status (if country of residence differs from the citizenship listed on passport) |
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| (12) |
Copy of Marriage License/Certificate |
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| (13) |
Current employment of transferee within the foreign company: |
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(a) | Applicable National Occupation Classification code (NOC) |
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(b) | Employment letter, job offer confirmation letter, etc. outlining the transferee’s position in an executive or managerial capacity or one involving specialized knowledge (i.e. position, title, place in the organization, job duties and responsibilities); |
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(c) | Employment contract |
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(d) | Work reference letter |
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(e) | Pay stubs, dividend payments, shareholder certificates, etc. |
| (14) | Future employment in the Canadian entity and evidence of transferee’s meeting of the requirements of the job being offered: | |
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(a) | Scope of work in Canada, proof of full-time but temporary (18-24 months) nature of the position, project(s) and rollout(s) if any |
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(b) | Invitation Letter from Canadian company |
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(c) | Transfer Letter from foreign company (highly occupation-specific letter outlining the job duties and responsibilities in Canada, project scope, salary offered as per the Canadian market) |
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(d) |
Relevant training opportunities if any |
| (15) | In the case of “specialized knowledge”, evidence that the position in Canada requires a specialized knowledge and that the transferee has such knowledge | |
| (16) | Intended duration of stay and proof that the transferee will leave Canada at the expiration of his/her work permit | |
| (17) | Proof of sufficient funds to care for him(her)self and his/her family members during their stay in Canada and to return home | |
| (18) |
Medical examination(s) and police certificate(s) |
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| (19) |
Payment receipt of work permit application fee in acceptable format |
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| (20) |
Payment receipt of biometric and/or open work permit fee(s), where applicable |
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| (21) |
Any additional document the visa office may request |
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| (22) | Before entry: visitor visa or electronic travel authorization (eTA), where applicable | |
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(1) |
The processing time is estimated based on the average file and may vary depending on the cooperation of the hiring company and the transferee, the processing time by the IRCC, immigration policy changes, etc. |
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(2) |
May vary depending on the province or territory. |
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(3) |
The processing time pledge by the IRCC as at May 23rd, 2022, from the time a complete package is received to the time a decision is made, is 17 weeks for a home company located in Hong Kong. Please consult with our professionals for other jurisdictions. |
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