Canada

The new immigration regulations allow foreign companies to transfer managers as well as specialized employees to Canada. Furthermore, foreign companies can open new operations in Canada and transfer their executives.

Intra-Company transfer allows foreign companies, who are already operating in Canada or who plan to start new business operations in Canada, to transfer certain key persons to their Canadian operations. The transferee must meet the following requirements.

• The person to be transferred to Canada must hold a position as an Executive, Manager or Specialist in a qualified company in the member nation.
• He must be working for the foreign company for a period of at least one year.
• Managers and senior executives must be working as Managers rather than performing their professional duties.
• Executive transferee must be performing the duty of managing the company, establishing goals and policies for the company or for its major components or functions and should have wide decision making powers with little senior supervision.
• Manager transferee must be performing duties to direct the company and/or one of its departments or sub divisions and supervise the work of other supervisory, professional or managerial employees. He should have discretionary power in the management of the company including the power to hire and fire employees.
• Specialist transference must have an advanced level of expertise and proprietary knowledge of the company’s products, services, research equipment’s, techniques or management. This type of knowledge should not be available in Canada and his position should be critical to the wellbeing of the enterprise.