INTERNATIONAL MOBILITY PROGRAM

Intra-Company Transferee Work Permits | Toronto Lawyer

Intra-Company Transferee work permits allow multinational companies to transfer executives, managers, or employees with specialized knowledge to Canadian operations under the International Mobility Program.

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An intra-company transferee work permit allows a multinational company to transfer an eligible employee to a related Canadian business under the International Mobility Program.

This category is LMIA-exempt and may be available where the foreign and Canadian businesses have a qualifying corporate relationship, such as a parent, subsidiary, branch, or affiliate relationship. The applicant must usually have worked continuously for the foreign company for at least one year within the three years before the application, in a similar full-time position.

Intra-company transferee applications commonly involve executives, senior managers, or employees with specialized knowledge. The Canadian business must be able to support the proposed role, and both the foreign and Canadian operations must meet the applicable program requirements.

A strong intra-company transferee application should clearly document:

the qualifying relationship between the foreign and Canadian entities;
active business operations outside Canada;
active or planned business operations in Canada;
the applicant’s qualifying employment abroad;
the proposed Canadian role;
the appropriate exemption category;
the applicant’s duties, authority, knowledge, wages, and work location; and
the business need for the transfer.

Intra-company transferee applications are evidence-driven. Officers may assess whether the corporate relationship is genuine, whether the Canadian operation can support the role, whether the applicant fits the selected category, and whether the proposed transfer is temporary.

C61 may apply where a foreign company is sending an executive, manager, or specialized-knowledge employee to Canada to establish a new Canadian branch, subsidiary, or affiliate.

C61 applications often require evidence of:

the qualifying corporate relationship;
business plan viability;
financial capacity;
physical premises or plans for Canadian operations;
expected staffing and operational timelines;
the applicant’s proposed role in launching the Canadian entity; and
the company’s ability to become actively engaged in business in Canada.

Start-up intra-company transferee work permits are usually issued for a shorter period. Further intra-company transferee work in Canada generally requires evidence that the Canadian entity has become actively engaged in business and that the applicant fits an appropriate ongoing category.

C62: Executives and Managers

C62 may apply to executives or senior managers who will direct or manage the Canadian operation or an essential function of the business.

C62 applications often require evidence of:

senior decision-making authority;
an organizational structure supporting an executive or managerial role;
authority over employees, departments, or essential functions;
discretionary control over operations or strategy;
alignment between duties, title, wages, and business needs; and
a genuine employer-employee relationship with the Canadian entity.

C63: Specialized Knowledge Workers

C63 may apply to employees with specialized knowledge, including advanced proprietary knowledge and an advanced level of expertise.

C63 applications often require evidence of:

proprietary product, process, system, service, or company-specific knowledge;
advanced expertise that is uncommon within the company or industry;
prior experience with the foreign company;
the need for that knowledge in Canadian operations;
duties aligned with the specialized-knowledge claim;
wages that meet applicable requirements; and
the impact of the applicant’s expertise on the Canadian business.

Choosing the correct category is important. A mismatch between the category, role, evidence, wages, or business structure can increase refusal risk.

Legal representation for an intra-company transferee work permit application may include eligibility review, category selection, evidence planning, Employer Portal guidance, application preparation, and legal submissions.

Eligibility and Strategy

assessment of the appropriate intra-company transferee category;
review of the foreign and Canadian corporate relationship;
review of ownership, control, affiliate, subsidiary, branch, or parent-company structures;
assessment of whether both businesses are actively operating;
review of the applicant’s qualifying employment abroad;
analysis of the proposed Canadian role, duties, work location, and wage;
review of temporary purpose and business need; and
assessment of extension strategy where the Canadian entity is moving from start-up operations to active operations.

Evidence and Documentation

review of corporate records, ownership documents, and organizational charts;
evidence of active operations in Canada and abroad;
employment records showing the applicant’s qualifying work experience abroad;
job descriptions, reporting structures, and role details;
proof of executive authority, managerial responsibility, or specialized knowledge;
business plans, financial records, leases, contracts, or operational evidence for new Canadian entities;
wage evidence and prevailing wage considerations for specialized-knowledge applications; and
organization of evidence into a complete work permit package.

Application Preparation

preparation or review of required work permit forms;
guidance on the Employer Portal offer of employment;
review of exemption category, role description, wage, duties, and work location;
drafting of legal submissions addressing the regulatory framework, significant benefit, corporate relationship, job offer genuineness, category requirements, and temporary purpose;
review of consistency across corporate documents, Employer Portal details, forms, support letters, and evidence; and
monitoring of IRCC correspondence through to a decision.

Complex Situations

Legal representation may be especially useful where the Canadian entity is newly established, the corporate relationship is complex, the Canadian operation has limited revenue or staff, the role overlaps multiple categories, the wage requires explanation, the applicant will work at a client site, the applicant is partly remote, or there are prior refusals, procedural fairness concerns, or GCMS notes requiring review.

Legal assistance is recommended where the intra-company transferee application requires a structured explanation of corporate relationship, category selection, role requirements, business viability, or specialized knowledge.

This may include situations where:

the company is establishing a new Canadian entity;
the Canadian business has limited operating history;
the corporate relationship is not straightforward;
the applicant’s role could fit more than one category;
the applicant must demonstrate specialized knowledge;
the organizational structure is small or developing;
wages require justification;
the applicant will work remotely, partly remotely, or at a client site;
the Employer Portal offer requires careful drafting;
the applicant is applying for an extension after a C61 start-up transfer;
there are previous refusals or GCMS notes;
there are concerns about active operations in Canada or abroad; or
the company needs to coordinate the work permit strategy with future permanent residence planning.

Intra-company transferee refusals often arise from concerns about the qualifying corporate relationship, lack of active business operations, insufficient evidence of specialized knowledge, unclear executive or managerial duties, weak business viability, wage issues, temporary intent, or the genuineness of the job offer.

A refusal should be reviewed before reapplying. Depending on the circumstances, the next step may involve requesting officer’s notes, preparing a stronger new application, submitting a reconsideration request where appropriate, or seeking judicial review at the Federal Court where there are reviewable errors.

Andra Dumitrescu

Barrister & Solicitor

Law Society of Ontario # 75447M

HOW WE WORK TOGETHER

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Discovery call to understand the company structure, proposed role, and possible intra-company transferee category.

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Strategy review for C61, C62, or C63, including corporate relationship, business viability, and role requirements.

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Evidence planning for corporate records, active operations, organizational charts, job duties, specialized knowledge, and wages.

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Preparation of the Employer Portal offer, work permit application, legal submissions, and supporting documents.

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Monitoring of IRCC correspondence through to a decision.

FREQUENTLY ASKED QUESTIONS

An intra-company transferee work permit is an LMIA-exempt work permit under the International Mobility Program that allows a multinational company to transfer eligible employees to a related Canadian business. These work permits are commonly used for executives, senior managers, and specialized knowledge workers being transferred to a Canadian parent, subsidiary, branch, or affiliate.

A qualifying employee must usually have worked continuously for the foreign company for at least one year within the three years before the application, in a similar full-time position. The foreign and Canadian businesses must have a qualifying corporate relationship, and the Canadian business must be able to support the proposed role. New Canadian operations face additional scrutiny regarding business viability, premises, staffing, and the ability to become actively engaged in business in Canada.

C61 applies where the company is establishing a new Canadian entity. C62 applies to executives and senior managers who will direct or manage the Canadian operation. C63 applies to specialized knowledge workers with advanced proprietary knowledge and an advanced level of expertise. Each category has different evidence requirements, including corporate relationship documents, organizational charts, role descriptions, business plans, wage evidence, and proof of active operations.

Legal fees with AVIO Immigration begin at CAD $3,500 for an intra-company transferee work permit application. Start-up intra-company transfers involving a new Canadian entity begin at CAD $4,500. Government fees are separate and may include the work permit processing fee, biometrics, and the employer compliance fee where applicable.

Initial intra-company transferee work permit validity depends on the category and the Canadian operation. Start-up intra-company transferee work permits are often issued for one year because the Canadian entity must demonstrate progress toward active operations. Established operations may receive longer validity, depending on the role, passport validity, requested duration, and evidence provided. Extensions require evidence that the Canadian and foreign businesses remain active and that the applicant continues to meet the intra-company transferee requirements.

An intra-company transferee work permit is a temporary work permit category and is not, by itself, a permanent residence pathway. However, intra-company transferee workers may later explore permanent residence through Express Entry, the Canadian Experience Class after qualifying Canadian work experience, provincial nominee programs, or employer-supported pathways. The permanent residence strategy should be assessed separately from the intra-company transferee application.

Yes, an intra-company transferee work permit may be extended if the applicant and employer continue to meet the program requirements. Extensions usually require updated evidence of the qualifying corporate relationship, active business operations in Canada and abroad, the employee’s continuing role, wages, work location, and business need. However, C61 start-up intra-company transferee work permits are normally issued for a maximum of one year and are not intended to be extended under C61. After the first year, the Canadian entity is expected to be actively engaged in business, and the applicant would usually transition to C62 as an executive or manager, or C63 as a specialized knowledge worker, if eligible, for any further intra-company transferee work in Canada.

An intra-company transferee refusal should be reviewed before reapplying. Depending on the reasons, options may include requesting officer’s notes, submitting a reconsideration request, filing a stronger new application, or seeking judicial review at the Federal Court. Refusals often involve concerns about the qualifying corporate relationship, active business operations, specialized knowledge, executive or managerial duties, wages, business viability, temporary intent, or the genuineness of the job offer.