Companies in expansion often find themselves in need of transferring key personnel across borders. Canada, known for its openness to international talent and investment, offers the C-12 work permit, specifically tailored for intra-company transferees. Whether you're a multinational corporation or a start-up looking to establish a presence in Canada, understanding the requirements for applying for a C-12 work permit is crucial. This week’s blog will discuss what it takes to navigate this process successfully.
Eligibility for Intra-Company Transferees: To qualify for a C-12 work permit, applicants must meet several criteria:
Employment with a Multi-National Company: Applicants must currently be employed by a foreign company and seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise.
Qualifying Relationship: The transferring employee must be moving to an enterprise that has a qualifying relationship with their current employer.
Executive, Senior Managerial, or Specialized Knowledge Capacity: The position being transferred to in Canada must fall within one of these capacities.
Minimum Employment Duration: Applicants must have been continuously employed by the company planning to transfer them outside Canada in a similar full-time position for at least one year in the three-year period preceding the application.
Guidelines for Start-Up Companies: For start-up companies looking to transfer personnel to Canada, additional requirements must be met:
Physical Premises: Generally, the company must secure physical premises to house the Canadian operation. However, exceptions may apply for senior managers or executives.
Staffing Plans: The company must furnish realistic plans to staff the new operation.
Financial Ability: The company must have the financial means to commence business in Canada and compensate employees.
Qualifications for Transferring Executives, Managers, or Specialized Knowledge Workers: Depending on the position being transferred, the company must demonstrate various factors, such as size, expected business operations, and management direction.
Duration of Work Permits: The initial work permit granted is typically for one year. For renewals, evidence must be provided to demonstrate ongoing qualifications and operations of both the Canadian and foreign companies.
Navigating the C-12 work permit process requires careful attention to detail and adherence to immigration requirements. Whether you're a seasoned multinational corporation or a burgeoning start-up, make sure to consult with a qualified immigration attorney or immigration consultant, as understanding these guidelines is essential for a successful transition of personnel to Canada.
Please note that the information presented in this blog is for informational purposes only and should not be construed as legal advice. It is essential for individuals to consult with a qualified immigration attorney or immigration consultant to obtain personalized guidance tailored to their specific circumstances. An immigration attorney or immigration consultant can provide accurate and up-to-date legal advice to ensure compliance with immigration regulations and enhance the success of your visa application.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of Canadian and U.S. immigration, U.S. SBA loans, and others.
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