Question about intra-company transfer (LMIA exemption code C12)

[MWIN]

Hi all,

Under LMIA exemption code C12, it's said:

"Intra-company transferees may apply for work permits under the general provision if they

• are currently employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;

....
"
The situation: Mr. X is being employed by company A in India. This company A is a subsidiary of company B in Canada. So company B is "a multi-national company" (having operations in more than one country), but can company A be considered as "a multi-national company" (having operation only in India, but capital investment is from Canada).
And at the end, can Mr. X be entitled for intra-company LMIA exemption code C12 (provided that other requirements are met)?

Your knowledge is highly appreciated!

 

[zardoz]

Hi all,

Under LMIA exemption code C12, it's said:

"Intra-company transferees may apply for work permits under the general provision if they

• are currently employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;

....
"
The situation: Mr. X is being employed by company A in India. This company A is a subsidiary of company B in Canada. So company B is "a multi-national company" (having operations in more than one country), but can company A be considered as "a multi-national company" (having operation only in India, but capital investment is from Canada).
And at the end, can Mr. X be entitled for intra-company LMIA exemption code C12 (provided that other requirements are met)?

Your knowledge is highly appreciated!

The answer to your question is already in your narrative.

are currently employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;

If A is truly a subsidiary of B, then B must be a parent to A.

 

[MWIN]

The answer to your question is already in your narrative.

are currently employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;

If A is truly a subsidiary of B, then B must be a parent to A.

Thanks for your response. My doubt is whether A can be considered a multi-national company if it only has operation in India (capital investment is from parent company in Canada).

 

[zardoz]

Thanks for your response. My doubt is whether A can be considered a multi-national company if it only has operation in India (capital investment is from parent company in Canada).

Assume that it can. IRCC will quickly tell you if they don't agree.

 

[21Goose]

Yes, the general meaning of multi-national company is "operations in more than one country". There is only one company here, B, which is the parent company with a subsidiary operation A in India.

Of course this depends entirely on the specifics of the corporate structure but if it's what you say it is, it should qualify.

Now, if the two companies are not related in any way except for B investing some money in A (say B owns 5% of A's stock), that's not a subsidiary-parent relationship and A will probably not be a multi-national company.

As @zardoz said, assume that it is an MNC, and wait for IRCC to tell you otherwise. Or else ask your corporate legal team and they should be able to tell you.