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CCCA_V6No2_Dept-CorpImmigration-FIN_CCCA_V6No2_Dept-IntellectualProperty 5/23/12 11:46 PM Page 14 Corporate Immigration Intra-company transfers for multinational companies Specialized knowledge workers face new challenges. By R. Reis Pagtakhan or over two decades, Canada has Fpermitted certain employees of for- eign multinational companies to work in the Canadian parent, subsidiary, affil- iate or branch offices of these compa- nies. Intra-company transfers allow multinational companies to fill labour shortages, provide global training, and co-ordinate international operations through employee exchanges. Recent changes, however, have made qualifying under this category more challenging. Who qualifies To qualify, an employee must have been working in an executive, managerial, or specialized knowledge capacity outside of Canada for the multinational company abroad for at least one year in the three years before applying to work in Canada. In addition, the employee must not be inadmissible to Canada for criminal or other reasons, the Canadian employer Term duration Canada. In these cases, initial terms of one must be able to establish the appropriate Most intra-company transferees can year are available. intra-company relationship, and the work in Canada for up to three years. Canadian employer must be compliant Extensions of up to two additional years Working beyond the time limit with immigration laws. are available for specialized knowledge Prior to September 2011, the only way The only exception to the requirement employees and extensions of up to four that an intra-company transferee could for prior work of one year abroad are for additional years are available for executives work in Canada beyond their five- or individuals covered by Canada’s free-trade and managers. seven-year time limit would be if the agreements with Columbia and Peru. For The one exception to the initial three- employee completed one year of full-time these individuals, the minimum period of year term is where a multinational employment outside of Canada for the VEER.COM work abroad is six months. company is setting up a new office in multinational company before reapplying. 14 CCCA Canadian Corporate Counsel Association SUMMER 2012