Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) – Intra-corporate (company) transferees R204(a) (work permit required/LMIA exemption code T44) and spouses (open work permit/LMIA exemption code T45)

The intra-corporate (company) transferee provisions of CETA, described under the key personnel category, are similar to the C12 exemption, with the addition of graduate trainees.

• Criteria for intra-corporate (company) transferees
• Work permit issuance in the Global Case Management System (GCMS) for intra-corporate (company) transferees
• Spousal provision for intra-corporate (company) transferees

Criteria for intra-corporate (company) transferees

All intra-corporate (company) transferees must

• be currently employed by an enterprise of a European Union (EU) member state or be a partner in an enterprise of an EU member state and have been employed or a partner for at least 1 year at the time of submitting the application
• be temporarily transferred to an enterprise (may be a subsidiary, branch or head company of the enterprise) in Canada

The applicant must belong to one of the following categories:

• senior personnel
• specialists
• graduate trainees

Senior personnel and specialists

Senior personnel under CETA is parallel to the “executive capacity” position. Specialists are parallel to “Specialized knowledge” personnel provisions under NAFTA (see Section 4.5 and 4.7).

Length of stay: The lesser of three years or the length of the contract, with a possible extension of up to 18 months at the officer’s discretion, if the applicant is able to provide documentation that satisfies the processing officer of their need to have their stay extended.

Criteria for graduate trainees

Graduate trainee applicants must also:

• possess a university degree
• be temporarily transferred to an enterprise in Canada for career development purposes or to obtain training in business techniques or methods

Length of stay: the lesser of one year or the length of the contract.

Note: No extensions are permitted for graduate trainees applying under the same category and exemption.

Work permit issuance in the Global Case Management System (GCMS) for intra-corporate (company) transferees

Based on fields in the “Offer of Employment”, officers should enter the following under the “Application” screen:

• Province of Destination: address of physical job location
  • If there is more than one location, officers should enter the primary location in the “Province of Destination” field and the secondary location in the “Remarks” field.
• City of Destination: address of physical job location
  • If there is more than one location, officers should enter the primary location in the “City of Destination” field and the secondary location in the “Remarks” field.
• Exemption Code: T44 and Spouses T45
• NOC: National Occupational Classification code
• Intended Occupation: job title
• Salary: “amount per year” as indicated wage in Canadian dollars and number of work hours
• Employer: business operating name

Note: Processing officers must specify in the work permit user remarks which intra-corporate (company) transferee category (graduate trainees, senior personnel and specialists) the foreign national is applying for.

Officers should note that intra-corporate (company) transferees under the CETA are exempt from meeting Canada’s prevailing wage requirements.

Spousal provision (open work permit / LMIA exemption code T45)