Intra-corporate transferees – CPTPP [R204(a) – T51, T54, T55] – Agreements or arrangements – International Mobility Program

In these instructions, “officer” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.

The instructions on this page should be reviewed in conjunction with the following:

• Employer-specific work permits – General processing – International Mobility Program
• Conditions and validity period on work permits

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is an international trade agreement between Canada and multiple countries, and as such any work permit applications are assessed under paragraph 204(a) of the Immigration and Refugee Protection Regulations (IRPR). This regulatory section falls under the International Mobility Program.

The intra-corporate transferees category is comprised of business persons who are employed by an enterprise in 1 of the CPTPP countries, except Singapore and Vietnam, and who are seeking to render services to an enterprise in Canada that is

• the parent entity
• a subsidiary
• an affiliate

The business person must be doing work as 1 of the following:

• an executive
• a manager
• a management trainee
• a specialist

On this page

• Eligibility
• Documentary evidence
• Application assessment
  • Executives (Administrative code T51)
  • Specialists (Administrative code T55)
  • Managers (Administrative code T51)
  • Management trainees (Administrative code T54)
• Final decision
  • Approval
  • Refusal
• Length of stay
• Spousal provisions – Administrative code T53

Eligibility

At the time of submitting their application, all intra-corporate transferees must meet the following requirements:

• be either
  • a citizen of
    • Australia
    • Brunei
    • Chile
    • Japan
    • Malaysia
    • Mexico
    • New Zealand
    • Peru
  • or a permanent resident of
    • Australia
    • New Zealand
• have been continuously employed by the transferring company for at least 1 year within the previous 3 years
• show that their employment or partnership was in an enterprise of a CPTPP country
  • Note: The employment does not have to be in the same CPTPP country as their citizenship or permanent residence, but it must have been in 1 of the CPTPP countries.
• be transferred to a qualifying enterprise in Canada
• belong to 1 of the following occupational categories:
  • Executives
  • Specialists
  • Managers
  • Management trainees

Documentary evidence

The onus is on the applicant to provide evidence that they meet the eligibility requirements of the exemption and will be able to perform the work being sought as stated in the International Mobility Program (IMP) offer of employment.

The following documents are required:

• proof of citizenship or permanent residence in an eligible CPTPP signatory country for the intra-corporate transferee category under which the foreign national has applied (executive, specialist or manager)
• confirmation that the foreign national is currently employed by the enterprise of a CPTPP enterprise outside of Canada
• confirmation that in the 3-year period immediately preceding the date of application, the foreign national has been employed continuously outside Canada by the enterprise for 1 year
• a letter of introduction from the employer that specifies
  • the applicant’s current position in an executive or managerial capacity or one involving specialized knowledge, including their title, place in the organization and job description
  • in the case of “specialized knowledge,” evidence that the person has such knowledge and that the position in Canada requires such knowledge
  • the position in Canada, title, place in the organization and job description
  • the intended duration of stay
  • a description of the relationship between the enterprise in Canada and the enterprise in the CPTPP signatory country

Application assessment

When assessing if the work permit application meets the requirements of the CPTPP, officers should review the offer of employment that appears under the Employment Details tab in the Global Case Management System (GCMS) for information provided by the employer or the matching fields on the IMM 5802 form (if the employer was authorized to use it).

Refer to Employer-specific work permits – General processing – International Mobility Program for further guidance.

Executives (Administrative code T51)

Available to citizens of

• Australia
• Brunei
• Chile
• Japan
• Malaysia
• Mexico
• New Zealand
• Peru

An executive is a business person within an organization who does all of the following:

• primarily directs the management of the organization or a major component or function of the organization
• establishes the goals and policies of the organization or of a component or function of the organization
• exercises wide latitude in decision-making and receives only general supervision or direction from high-level executives, the board of directors or stockholders of the business organization

Specialists (Administrative code T55)

Available to citizens of

• Australia
• Brunei
• Chile
• Japan
• Mexico
• New Zealand
• Peru

Malaysian citizens are excluded from this category.

A specialist is an employee possessing specialized knowledge of the company’s product or services and their application in international markets or an advanced level of expertise or knowledge of the company’s processes and procedures.

See Intra-company transferees – Qualifying job positions for specialized knowledge workers [R205(a)] (exemption code C12) for guidance on specialized knowledge.

Managers (Administrative code T51)

Available to citizens of

• Australia
• Brunei
• Chile
• Japan
• Malaysia
• Mexico
• New Zealand
• Peru

A manager is a business person within an organization who does all of the following:

• primarily directs the organization or a department or subdivision of the organization
• supervises and controls the work of other supervisory, professional or managerial employees
• has the authority to hire and fire or take other personnel actions (such as promotion or leave authorization)
• exercises discretionary authority over day-to-day operations

Management trainees (Administrative code T54)

Available to citizens of

• Chile

A management trainee on professional development is an employee of a company who

• has a post-secondary degree
• is on a temporary developmental assignment intended to broaden that employee’s knowledge and experience
• is preparing for a senior leadership position within the company.

Final decision

Approval

The work permit will be issued under the authority of paragraph R204(a).

In GCMS, under the Application screen, officers should enter the information below in the specified fields.

Work permit issuance in GCMS

Refusal

If an officer is not satisfied that all the requirements of R200, including the assessment under R204(a), are met, they must record their reasons and outline the rationale underlying the decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.

Refusal reasons should clearly indicate which criteria or what requirement of R200 was not met and explain how the conclusion was reached. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision.

Length of stay

The length of stay is up to 3 years for initial applications, with possible extensions at the officer’s discretion if the applicant is able to provide documentation that satisfies the processing officer that the applicant needs to have their stay extended and is still in Canada for a temporary purpose.

See Extending work permits issued under the CPTPP for details on when an application can be extended.

Spousal provisions – Administrative code T53

An open work permit may be issued to the spouse of an intra-corporate transferee if the principal applicant is 1 of the following:

• a citizen of Australia, Brunei, Chile, Japan or Mexico
• a permanent resident of Australia
• a citizen of Malaysia and an intra-corporate transferee in an executive or managerial capacity

Spousal eligibility is based on the citizenship or permanent resident status of the principal applicant.