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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.

Harmonized requirements and procedures for intra-company transferees entering Canada under the general immigration provision (C12) or an FTA (T24)
  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

  • have a qualifying business relationship: parent, subsidiary, branch, or affiliate (does not include franchise or licence agreements);
  • both be doing business.

The employee must

  • be working in a similar position with the company in a foreign jurisdiction;
  • be taking employment at a permanent and continuing establishment of that company.

Same as general provisions
Documents required for entry

From the worker:

  • proof of citizenship
  • documentation from the employer

From the employer:

  • confirmation that the foreign national is currently employed by a related enterprise outside Canada that plans to transfer him or her to a parent, subsidiary, branch, or affiliate of that enterprise in Canada
  • confirmation that the employee has been employed (via payroll or by contract) in a similar position by that company continuously for 1 year (full-time) within the 3-year period immediately preceding the initial application
  • outline of the employee’s position outside of Canada: job title, place in the company, job description, duties
  • outline of the employee’s intended position in Canada
  • arrangements for remuneration
  • length of employee’s intended stay in Canada
  • description of the qualifying relationship between the Canadian and the foreign company
  • evidence that both companies are doing business

Additional documents required from employer for specialized knowledge workers:

  • documentation establishing the employee’s specialized knowledge
  • confirmation that the position in Canada requires such knowledge

From the worker:

  • proof of citizenship (the Canada–Peru agreement allows for permanent residents as well)
  • documentation from the employer

From the employer:

Same as in general provisions, except:

  • confirmation that the employee has been employed (via payroll or by contract) in a similar position by that company continuously for 1 year (full-time)—or 6 months for the Canada–Peru agreement—within the 3-year period immediately preceding the initial application
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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