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Getting an Intra-Company Transfer to Canada

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ICTs make it easier for companies to transfer employees

 

Multi-national companies that have parent, branch, subsidiary, or affiliate companies in Canada may be eligible to send employees to Canada with an Intra-Company Transfer (ICT) without needing to obtain a Labour Market Impact Assessment (LMIA).

LMIAs can be costly and time consuming so not needing to get an LMIA is one of the biggest benefits of an ICT. For example, in order to get an LMIA businesses need to demonstrate that bringing in an employee from a foreign country will not have a negative impact on the local labour force or economy.

ICT permits are initially valid for up to three years. After that, it is possible to renew for up to five years for specialized knowledge holders and seven years for executives and senior managers.

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Employer requirements

A company is only eligible to take advantage of ICT work permits if they are operating in Canada. Canadian and foreign locations need to provide goods and services. Simply having a physical presence or office in Canada will not suffice.

There are, however, some exceptions made for start-ups. If a company is trying to transfer a senior manager or executive, Immigration, Refugees and Citizenship Canada (IRCC) may acknowledge that the start-up address is not secured yet, and the company may be allowed to use its lawyer’s Canadian address until a location is leased or purchased.

A start-up must be able to demonstrate a tangible and realistic plan to staff their new operation in Canada. They need to be financially able to start and maintain the business as well as pay employees.

If the transferee is an executive or a manager, the company needs to show that it is large enough to require, and support, executive or management functions.

In many instances, a worker is transferred because of their specialized knowledge. If this is the case, the company needs to make sure that the employee is directed by management at the Canadian branch instead of being overseen from abroad.

Transferee requirements

An employee may be eligible to apply for an ICT work permit if they meet certain criteria.

To begin with, they must be an employee of a multi-national company that has a parent, subsidiary, branch or affiliate in Canada, and they must be being transferred to a position as an executive, senior manager, or in a specialized knowledge capacity.

They must also have been employed continuously with the company for at least one year out of the three-year period immediately before the date of the initial application. Also, they must only intend to stay in Canada temporarily and comply with all the immigration requirements for temporary entry.

It may also be possible to obtain an ICT if the transferee has not had full-time work experience with the company. Immigration officers may consider the number of years of work experience the applicant has had on a part-time basis, or the number of positions within the company.

CUSMA

It is also possible to get an intra-company transfer through the Canada-United States-Mexico Agreement (CUSMA). This is another option that does not require a Labour Market Impact Assessment.

This program facilitates increased movement for employees of North American companies. Like ICT’s, the transferee must have worked continuously for their employer in the U.S. or Mexico for a year over the past three years at the time of applying.

In order for a transferee to be eligible for an ICT under CUSMA, they need to be employed at the time of application and doing similar work in their foreign job as they will be doing when they arrive in Canada.

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Canada’s Denis Shapovalov wins Belgrade Open for his second ATP Tour title

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BELGRADE, Serbia – Canada’s Denis Shapovalov is back in the winner’s circle.

The 25-year-old Shapovalov beat Serbia’s Hamad Medjedovic 6-4, 6-4 in the Belgrade Open final on Saturday.

It’s Shapovalov’s second ATP Tour title after winning the Stockholm Open in 2019. He is the first Canadian to win an ATP Tour-level title this season.

His last appearance in a tournament final was in Vienna in 2022.

Shapovalov missed the second half of last season due to injury and spent most of this year regaining his best level of play.

He came through qualifying in Belgrade and dropped just one set on his way to winning the trophy.

Shapovalov’s best results this season were at ATP 500 events in Washington and Basel, where he reached the quarterfinals.

Medjedovic was playing in his first-ever ATP Tour final.

The 21-year-old, who won the Next Gen ATP Finals presented by PIF title last year, ends 2024 holding a 9-8 tour-level record on the season.

This report by The Canadian Press was first published Nov. 9, 2024.

The Canadian Press. All rights reserved.



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Talks to resume in B.C. port dispute in bid to end multi-day lockout

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VANCOUVER – Contract negotiations resume today in Vancouver in a labour dispute that has paralyzed container cargo shipping at British Columbia’s ports since Monday.

The BC Maritime Employers Association and International Longshore and Warehouse Union Local 514 are scheduled to meet for the next three days in mediated talks to try to break a deadlock in negotiations.

The union, which represents more than 700 longshore supervisors at ports, including Vancouver, Prince Rupert and Nanaimo, has been without a contract since March last year.

The latest talks come after employers locked out workers in response to what it said was “strike activity” by union members.

The start of the lockout was then followed by several days of no engagement between the two parties, prompting federal Labour Minister Steven MacKinnon to speak with leaders on both sides, asking them to restart talks.

MacKinnon had said that the talks were “progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved” — a sentiment echoed by several business groups across Canada.

In a joint letter, more than 100 organizations, including the Canadian Chamber of Commerce, Business Council of Canada and associations representing industries from automotive and fertilizer to retail and mining, urged the government to do whatever it takes to end the work stoppage.

“While we acknowledge efforts to continue with mediation, parties have not been able to come to a negotiated agreement,” the letter says. “So, the federal government must take decisive action, using every tool at its disposal to resolve this dispute and limit the damage caused by this disruption.

“We simply cannot afford to once again put Canadian businesses at risk, which in turn puts Canadian livelihoods at risk.”

In the meantime, the union says it has filed a complaint to the Canada Industrial Relations Board against the employers, alleging the association threatened to pull existing conditions out of the last contract in direct contact with its members.

“The BCMEA is trying to undermine the union by attempting to turn members against its democratically elected leadership and bargaining committee — despite the fact that the BCMEA knows full well we received a 96 per cent mandate to take job action if needed,” union president Frank Morena said in a statement.

The employers have responded by calling the complaint “another meritless claim,” adding the final offer to the union that includes a 19.2 per cent wage increase over a four-year term remains on the table.

“The final offer has been on the table for over a week and represents a fair and balanced proposal for employees, and if accepted would end this dispute,” the employers’ statement says. “The offer does not require any concessions from the union.”

The union says the offer does not address the key issue of staffing requirement at the terminals as the port introduces more automation to cargo loading and unloading, which could potentially require fewer workers to operate than older systems.

The Port of Vancouver is the largest in Canada and has seen a number of labour disruptions, including two instances involving the rail and grain storage sectors earlier this year.

A 13-day strike by another group of workers at the port last year resulted in the disruption of a significant amount of shipping and trade.

This report by The Canadian Press was first published Nov. 9, 2024.

The Canadian Press. All rights reserved.



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The Royal Canadian Legion turns to Amazon for annual poppy campaign boost

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The Royal Canadian Legion says a new partnership with e-commerce giant Amazon is helping boost its veterans’ fund, and will hopefully expand its donor base in the digital world.

Since the Oct. 25 launch of its Amazon.ca storefront, the legion says it has received nearly 10,000 orders for poppies.

Online shoppers can order lapel poppies on Amazon in exchange for donations or buy items such as “We Remember” lawn signs, Remembrance Day pins and other accessories, with all proceeds going to the legion’s Poppy Trust Fund for Canadian veterans and their families.

Nujma Bond, the legion’s national spokesperson, said the organization sees this move as keeping up with modern purchasing habits.

“As the world around us evolves we have been looking at different ways to distribute poppies and to make it easier for people to access them,” she said in an interview.

“This is definitely a way to reach a wider number of Canadians of all ages. And certainly younger Canadians are much more active on the web, on social media in general, so we’re also engaging in that way.”

Al Plume, a member of a legion branch in Trenton, Ont., said the online store can also help with outreach to veterans who are far from home.

“For veterans that are overseas and are away, (or) can’t get to a store they can order them online, it’s Amazon.” Plume said.

Plume spent 35 years in the military with the Royal Engineers, and retired eight years ago. He said making sure veterans are looked after is his passion.

“I’ve seen the struggles that our veterans have had with Veterans Affairs … and that’s why I got involved, with making sure that the people get to them and help the veterans with their paperwork.”

But the message about the Amazon storefront didn’t appear to reach all of the legion’s locations, with volunteers at Branch 179 on Vancouver’s Commercial Drive saying they hadn’t heard about the online push.

Holly Paddon, the branch’s poppy campaign co-ordinator and bartender, said the Amazon partnership never came up in meetings with other legion volunteers and officials.

“I work at the legion, I work with the Vancouver poppy office and I go to the meetings for the Vancouver poppy campaign — which includes all the legions in Vancouver — and not once has this been mentioned,” she said.

Paddon said the initiative is a great idea, but she would like to have known more about it.

The legion also sells a larger collection of items at poppystore.ca.

This report by The Canadian Press was first published Nov. 9, 2024.

The Canadian Press. All rights reserved.



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