IRCC has revised its program requirements for intra-company transfers to update the selection criteria based on specialized knowledge, managers, and executives.
First, it is essential to note an underlying shift in the policy towards Canadian employers of intra-company transfers. Previously, immigration officials openly supported such workers qualifying for and remaining in Canada. The thinking was that Canada benefited from their expertise and transferred such knowledge to Canadians.
While this is still desirable, the policy notes that transfers are for a temporary or limited time, and the worker’s position must be available to the worker to return to for the duration of the employment in Canada. The message is clear – Canadian employers should not build a permanent Canadian workforce with these workers.
The instructions emphasize that the workers must create or maintain significant cultural, social, or economic benefits for Canada. Although this was previously the premise for approving the transfers, it is being reinforced in these guidelines.
Canadian employers must be sensitive when establishing and representing the location of employment. The employment location is the primary determinant of the prevailing wage for the foreign worker’s occupation. Employers must avoid casual regard for the represented location and move their foreign workers, as needed, to different locations.
As to the issue of the calculation of wages, previous policy guidelines permitted per diems or in-hand payments as a part of the minimum wages. This is now a significant issue. Wages likely include monies received by the employee and documented in the employment records. Per diems are not directly discussed.
For clarification, “if the Canadian enterprise promoted the foreign national to manager but continued to hold a position available in a specialized knowledge capacity for the foreign national, the foreign enterprise would not meet the at-level employment requirement.”
The issue of remote work is specifically addressed. If the work is all or substantially remote, a justifiable reason for the transfer is required— working in the same time zone as customers or clients is not viewed as a justification.
The published policy reiterates that ICT specialized knowledge workers must be employed by and under the direct and continuous supervision of the Canadian enterprise submitting the offer, not a third-party business.
Canadian employers are well advised to revisit their intra-corporate policies and supporting documentation. Compliance Reviews are expected to be considerably more detailed and onerous.
The content of this bulletin is for informational purposes only, and is not intended to provide or be relied on as legal advice.