ARCHIVED – Operational Bulletin 346 - September 19, 2011

Temporary Foreign Worker Program—Intra-company transferees—Recaptured time

This Operational Bulletin has expired.

Purpose

This Operational Bulletin advises officers of new guidance in regard to Intra-company transferees (ICTs) and the maximum allowable (cap) work stay in Canada.

Background

As per Section 5.31 (Canadian interests: Significant benefit—Intra-company transferees, R205(a), C12) and Appendix G concerning the T24 exemption in accordance with NAFTA of the Temporary Foreign Worker Guidelines (FW 1), executives and managers are subject to a maximum work stay (or cap) of seven years, and specialized knowledge workers to a maximum (or cap) of five years.

Current guidance

Breaks in Canadian service—Most foreign nationals who have worked in Canada under the ICT category may again receive consideration under this category if they have been on an assignment with a branch of the same company in a foreign jurisdiction for at least 12 months. For example, a foreign national who worked in Canada as a specialized knowledge worker for two years for the Canadian entity, then transferred to an Australian branch of the same company for two years, would be eligible for consideration under the ICT provisions as a specialized worker for another five-year period. The initial work permit should not exceed the three-year maximum duration under C12.

Intra-company transferee duration of work permit limit—After ICTs have reached their maximum work permit duration, they must complete one year of full-time employment in the company outside Canada if they wish to re-apply as an ICT.

New guidance

Recaptured Time—Normally, the duration of the work permit is used to calculate the maximum five or seven year time limit that an ICT is allowed to work in Canada. However, time spent outside Canada during the duration of the work permit can be recaptured. For example, if ICT senior managers have a work permit for one year and spend two 2-month stints over the course of the 12 months working in the U.S., then only 8 months would count against their seven-year limit as ICTs. In summary, documented time spent outside Canada can be “recaptured” to allow the ICT five or seven full years of physical presence in Canada.