For most people, they want their immigration applications to Canada to be fast, simple, and cost-effective. Luckily, if you are foreign entrepreneur looking to start a company in Canada, then you can achieve all three goals with the Intra-Company Transfer program. Let me walk you through the 3 main requirements of this amazing program.
Relationship between Foreign Company & Canadian Company
First, the foreign entrepreneur must have an operating company in any country. This foreign company must be in operations for at least one year, and ideally should have an operating history for 2 years or more.
Then, that foreign company needs to open a Canadian branch. There must be a qualifying relationship between the foreign company and the Canadian company, including parent-child, home branch-foreign branch, or affiliates of each other. As the lawyers at Varity Law have expertise in both immigration and business law, we have helped many foreign entrepreneurs officially open their Canadian branch from scratch. Of course, we also ensure that the Canadian branch is structured so that it has a qualifying relationship with the foreign company.
The foreign company should show that it has sufficient revenue to support the Canadian branch. Of course, it would be ideal if the foreign company has had some international experience before, or has opened up branches in other countries. However, this is not a necessary requirement for the application.
Role of the Applicant in Both Companies
The foreign entrepreneur must have worked full-time in the foreign company for at least one year before submitting the intra-company transfer application. This needs to be supported by payroll or employment contract with the foreign company.
Then, the foreign entrepreneur would be transferred to a similar position within the Canadian branch. The position must be one of the following categories:
- Executive – if application is successful, a work permit that may be renewed up to 7 years will be issued
- Senior Managerial – work permit may be renewed up to 7 years
- Specialized Knowledge (technical position) – work permit may be renewed up to 5 years
Of course, the foreign entrepreneur may also apply to any eligible permanent residence programs during the duration of their work permit. For example, after working for one full year, they may apply to the Canadian Experience Class or Federal Skilled Worker under the federal express entry program.
Sustainability of Canadian Company
The hardest element of intra-company transfer applications is showing that the Canadian branch may operate successfully in the long run. This is especially important since most Canadian branches are opened just prior to submitting the intra-company transfer application – it has no operational history to show that it will thrive in the long term.
To demonstrate this, having a well-drafted business plan for the Canadian branch is crucial. The plan should show any support that the foreign company will give to the Canadian branch, the Canadian branch’s advantages vis-à-vis its direct competitors, and a realistic budget and growth plan for the Canadian branch. In the least, the Canadian branch would need to support its minimum operating costs and the salary of the foreign entrepreneur.
Conclusion
The intra-company transfer program is a great choice for foreign entrepreneurs seeking a fast, simple, and affordable path to Canadian immigration. As well, it solves two problems with one application – the foreign entrepreneurs will gain their valid immigration status AND earn their livelihood by operating a sustainable business. The lawyers at Varity law, who are skilled at both business law and immigration law, can guide you through the entire process, making the immigration application and incorporating process a breeze.
This article is only meant to give general legal information. For legal advice on your specific situation, please book a free initial consultation with us by clicking HERE.
Yi Dan (Sabrina) Ding is the Owner & Principal Lawyer at Varity Law Prof. Corp. Varity Law is a one-stop-shop law firm that offer services in real estate law and wills & estates law, as well as business law and business immigration.
