Temporary Foreign Worker Program: Canadian interests – Significant benefit – Intra-company transferees – International agreements [R205(a)] (exemption code C12)
All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. See the list of programs that are exempt from the in-Canada mandatory electronic application requirement.
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Intra-company transferees under free trade agreements
The pages on international free trade agreements and on the North American Free Trade Agreement provide terminology explanations relevant to the general provisions and elaborate on documentary requirements; however, the criteria are essentially the same as the general criteria.
Applicants may be eligible to apply under different intra-company transferee provisions in addition to Canada’s domestic regime (that is, paragraph 205(a) of the Immigration and Refugee Protection Regulations [IRPR]), depending on their country of citizenship, under our free trade agreements (FTAs). However, officers should process applicants according to the provisions under which the applicants have requested to apply.
Note: The duration for a T24 NAFTA work permit is now the same as the general provisions under the Immigration and Refugee Protection Act (IRPA) (refer to the categories of work with validity periods which may not be exceeded).
General Agreement on Trade in Services intra-company transferees
The General Agreement on Trade in Services (GATS) criteria are essentially the same as the general criteria. All 150 member countries of the World Trade Organization (WTO) are thus eligible for the commitments that Canada has granted with respect to temporary entry (including entry of “specialized knowledge workers”). Therefore, IRCC has expanded the general criteria in order to achieve transparency and an easier decision-making process for officers. Even where the applicant may meet the more specific criteria under GATS, they should be processed under the general provision of paragraph R205(a) (exemption code C12).
Comparison of IRPA general provisions and NAFTA and other FTAs
The information below illustrates the harmonization of the general provisions with NAFTA provisions.
General immigration provision (C12) | FTA (T24) | |
---|---|---|
Citizenship | No restrictions |
American or Mexican (NAFTA); Chilean (CCFTA); or Peruvian (and permanent residents) (Canada–Peru FTA) |
Employment criteria | Currently employed by a related enterprise outside Canada, and seeking entry to work in a parent, subsidiary, branch or affiliate in Canada; continuous employment for at least 1 year (full-time) within the previous 3 years in a similar position with the company outside Canada |
Currently employed by a related enterprise outside Canada, and seeking entry to work in a parent, subsidiary, branch or affiliate in Canada; continuous employment for 1 year (full-time)—or 6 months for the Canada–Peru agreement—within the previous 3 years in a similar position with the company outside Canada |
Other criteria | Companies must
The employee must
|
Same as general provisions |
Documents required for entry | From the worker:
From the employer:
Additional documents required from employer for specialized knowledge workers:
|
From the worker:
From the employer: Same as in general provisions, except:
|
Duration of stay | Executives and managers: initial maximum 3 years, unless office start-up (1 year); 2-year renewals allowable; total period of stay may not exceed 7 years Specialized knowledge workers: initial maximum 3 years, unless office start-up (1 year); 2-year renewals allowable; total period of stay may not exceed 5 years |
Same as general provisions |
Application for work permits | Ports of entry or visa posts; renewals or extensions through the Case Processing Centre in Vegreville |
Same as general provisions |
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