The Complete Guide for American Companies Expanding to Canada

|

cdn-flag-reflection-1920x1080

The Canadian Intra-Company Transfer Visa: What Is It And How Can It Help US Tech Companies?

The Great White North has become one of the most popular destinations in the world for immigrants. Last year almost 350,000 people immigrated to Canada, and that number is expected to rise.

Even Americans are getting in on the action — in 2017, over 9,000 Americans moved north into Canada and the number of Americans immigrating to Canada annually hasn’t dipped below 8,700 ever since.

What makes this big, (mostly) cold country such a red hot destination? Simply put, Canada is renowned for being one of the most welcoming countries in the world towards immigrants, especially from a business immigration standpoint.

For example, Global Skills Strategy, which was launched in 2017 and is aimed at making it easy to bring in skilled workers into Canada, has been a popular way to get much-needed tech talent into the country at a time when the population is aging and the tech industry is booming.

But there are other, less well-known programs that are similarly helping Canada remain a top destination for new companies and talented individuals.

One such program is called the intra-company transfer visa.

It isn’t talked about as much as it should, so let’s dive into what this program is, how it works, and why it’s great for US tech employers and others around the world that want to truly take advantage of Canada’s immigration system and growing tech scene.

Everything You Need to Know About the Intra-Company Transfer program

The intra-company transfer program allows key employees of a company that has a parent, branch, or affiliate company, or is looking to open up a new office in Canada, to be able to move to Canada and get work authorization.

One of the major perks of bringing international employees to Canada as intra-company transferees is that employers can skip getting a Labour Market Impact Assessment, a fairly lengthy, expensive, and stressful process that shows that there will be no negative impact to the Canadian labor force by bringing in this particular employee.

In order to qualify for the intra-company transfer program, the employee you want to move to your Canadian office needs to check a few boxes.

  1. First, the applicant must have worked for the company for at least one year on a full-time basis.
  2. Second, they must have been offered a position with a Canadian branch, affiliate, or subsidiary of the foreign company.
  3. Third, they must fall into one of these three categories:
    • Executives who receive only general supervision or no supervision from other executives, directors, or shareholders.
    • Senior managers who supervise other managers or who manage essential functions within the business.
    • Workers with specialized knowledge or an advanced level of expertise.

Documentation is required to prove the applicant qualifies for the intra-company transfer program. In addition to employment history records, this documentation must include a detailed description of the applicant’s current role and details of their executive or managerial capacity in Canada. If their application relies on them having “specialized knowledge” they must provide evidence of this specialization.

Processing time for the intra-company transfer depends on your country of origin, but generally, intra-company transfer applicants qualify for a 2-week processing time (somewhat longer during COVID, but still considered a fast lane) under the Global Skills Strategy

The duration of the intra-company transfer work permit is seven years for executives and senior managers and five years for specialized knowledge workers. Once the transferee has reached their maximum work permit duration, they must work full-time outside of Canada in order to reapply for the program. 

But they can also become eligible for permanent residence, which would allow them to stay in Canada indefinitely. Let’s explore what that looks like.

Permanent Residency: The Benefits and How to Get It

Intra-company transferees are strong candidates to become permanent residents of Canada and are given a boost in Comprehensive Ranking System (CRS) points via Canada’s Express Entry immigration selection system.

It is also possible for intra-company transferees to apply for permanent residence through Provincial Nominee Programs.

There are many, many benefits to permanent residency in Canada (just ask the 350,000 who immigrate there annually!) but here are six of the top reasons:

  1. Free universal healthcare and social services – All permanent residents have access to Canada’s healthcare and social services. Universal healthcare means that you have free access to medical care and never have to worry about huge medical bills.
  2. You can sponsor your spouse and children – Once you’re a permanent resident, you’re able to sponsor your spouse and children to join you in Canada. But, for example, if you immigrate through Express Entry, you’re given the option to include your family in your initial application.
  3. Better work-life balance – Canadian workers enjoy shorter workweeks. According to studies, the average American worker clocks 47 hours each week. Compare that to a Canadian worker who logs an average of 40 hours a week.
  4. Paid maternity leave – Canadian mothers are given 35 to 61 weeks off after the arrival of a new baby, and they can also receive additional payment through Canada’s Employment Insurance.
  5. You can become a Canadian citizen – Becoming a permanent resident is the first step to becoming a Canadian citizen. After you’ve lived in Canada for three out of five years, you’re eligible to become a citizen.
  6. Your permanent resident status can’t be taken away from you – Once you’ve become a permanent resident, the status cannot be reversed unless you commit a serious crime or fail to meet the residency obligation which requires you to live in Canada two out of every five years.

Leveraging ICT Can Help US Businesses Struggling to Retain Skilled Foreign-born Talent

Has the intra-company transfer program piqued your interest? If you have an office in Canada already, this is a great way to move top talent into Canada’s expanding economy, especially if that talent is in the US on an H-1B visa.

And that’s because the Trump administration’s strict immigration policies and H-1B visa restrictions have encouraged more tech talent and more startups to move “north of the border.”

In Canada, entrepreneurs will find a mixture of top-tier talent, a diverse community, strong governmental support, and access to funding. This government support takes the form of tax breaks for business founders and special visas for immigrant entrepreneurs

On the flip side, if your company doesn’t have a branch or affiliate in Canada, there are lots of reasons why working in expanding your business in Canada is a great idea.

Believe it or not, expanding into Canada is just the boost US companies need right now, especially if in tech.

Indeed, over the past five years, Toronto saw the biggest growth in technology jobs of any North American city, outpacing even San Francisco and New York. This massive growth is partially due to the US’s tightening borders.

Look to The Intra-Company Transfer Visa to Expand into Canada

There are many benefits to working and living in Canada over the US, but you may also have a lot of worries about expanding your company over the border.

Fortunately, you don’t have to fully open an office in Canada to enjoy the benefits of operating a business there. Instead, you can start by hiring one or two workers remotely through a professional employer organization (PEO) like Syndesus.

We’ll take care of the immigration, payroll, hiring, and other processes while you focus on expanding your talented workforce. 

Syndesus can help you establish your Canadian presence and after you’ve opened your Canadian office we can even help you find a Canadian software engineer (or a team of them) via our recruiters in Vancouver, Calgary, and Toronto.

Want to hear more? Let’s connect to see if we can help you and your company make the move into Canada!