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Intra-Company Tranfer

Nadelin

Newbie
Jun 25, 2020
3
0
Hi,
I have a question regarding the process for Intra-Company Transfer.
Citizen of Jamaica, working on a position Manager (as an independent contractor) in US company, wants to enter and work in Canada in the Ontario's Branch Office of the US Company, which is in the process of establishing.
Is this possible?
Thank you
 

scylla

VIP Member
Jun 8, 2010
65,438
9,122
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi,
I have a question regarding the process for Intra-Company Transfer.
Citizen of Jamaica, working on a position Manager (as an independent contractor) in US company, wants to enter and work in Canada in the Ontario's Branch Office of the US Company, which is in the process of establishing.
Is this possible?
Thank you
I don't think the ICT visa is an option. You would need to be an employee with the company for at least a year for an ICT to be possible. Additionally, you would either need to meet the criteria of having a senior executive role (manager won't be senior enough most likely) or having specialized knowledge.

Based on the information you've provided, I think your employer needs to go the LMIA route.
 

Nadelin

Newbie
Jun 25, 2020
3
0
Hi, thanks for your email.
Well yes, my position is just bellow the CEO so it qualifies for a senior manager for sure. But must be an employee? Independent contractor cannot be subject of ICT?
 

scylla

VIP Member
Jun 8, 2010
65,438
9,122
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi, thanks for your email.
Well yes, my position is just bellow the CEO so it qualifies for a senior manager for sure. But must be an employee? Independent contractor cannot be subject of ICT?
OK - sounds like you are covered from a position standpoint.

To the best of my knowledge, ICTs are reserved for employees. You would probably do best to get a legal opinion on how your employment relationship is structured with the company now vs. requirements for ICT.