Changes To Adjudication Of Work Permit Applications Make Intra-Company Transfers More Challenging

Edited by Jennifer M. Fantini

A recent update to Citizenship and Immigration Canada's ("CIC") Foreign Worker Manual, the handbook to which CIC and Canada Border Services Agency ("CBSA") officer refer for guidance when assessing applications for work authorization, has changed the way in which intra-company transferees work permit applications are to be adjudicated.

As previously reported, Canada's Temporary Foreign Worker Program ("TFWP") allows for the transfer of senior managers and specialized knowledge workers from a foreign entity to a related affiliate, branch, parent or subsidiary in Canada. This exemption from the requirement to obtain a Labour Market Opinion ("LMO") provides one of the quickest and most convenient methods for certain categories of foreign workers to obtain work authorization for Canada. In order to qualify under the intra-company category, a business enterprise must be or will be doing business in both Canada and the foreign country.