Intra-Company Transferee program involves an eligible worker who wishes to transfer between two qualifying organizations of the same company. The parent company being abroad and the branch company in Canada. As the applicant, there is a list of criteria that you must meet to qualify. The same goes for your company. There must exist a “qualifying” relationship between your home company and the branch you wish to transfer to. Demonstrating this relationship is easier said than done.
INTRA-COMPANY TRANSFEREE REQUIREMENTS:
- On an ongoing basis.
- For at least one year in the last three years.
- For the same or a related employer in the United States or Mexico.
- Be transferred to Canada to work short term for the same or a related employer.
- Work as a manager, as an executive or in a job that uses specialized knowledge, and have a work permit.
The above will help you understand whether or not you meet the basic criteria to be considered an eligible worker. You will also need to determine the nature of your work
EXECUTIVE CAPACITY MEANS THAT THE EMPLOYEE PRIMARILY:
- Directs the management of the organization or a major component or function of the organization;
- Establishes the goals and policies of the organization, component, or function;
- Exercises wide latitude in discretionary decision-making; and
- Receives only general supervision or direction from higher level authorities
MANAGERIAL CAPACITY MEANS THAT THE EMPLOYEE PRIMARILY:
- Manages the organization, a department, subdivision, function, or component of the organization
- Supervises and control the work of:
- Other manager or supervisors;
- Professional employees, or
- Manages an essential function within the organization, or a department or subdivision of the organization
- Has the authority to hire and fire, or recommend these and other personnel actions, such as promotion and leave authorization; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has the authority
SPECIALIZED KNOWLEDGE MEANS THAT THE EMPLOYEE PRIMARILY:
- Has unique or unusual knowledge of a company’s product or service and its application in international markets, or an advanced level of knowledge or
- Expertise in the organization’s processes and procedures (product, process and service can include research, equipment, techniques, management, or other interests).
COMPANY QUALIFYING RELATIONSHIP:
Subsidiary refers to a firm, a corporation, or other legal entity of which a parent owns:
- directly or indirectly, half or more than half of the entity and controls the entity; or
- owns, directly or indirectly, 50% of a 50-50 joint venture and has equal control and veto power over the entity; or
- owns directly or indirectly, less than half of the entity, but in fact controls the entity.
Branch is an operating division or office of the same organization housed in a different location.
- One of two subsidiaries, both of which are owned and controlled by the same parent or individual; or
- One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each company.
You or your employer will need to determine this relationship and be able to demonstrate it with the proper documentation. Documents demonstrating share distribution are a good place to start.