Tuesday, June 3, 2008

Canada: Corporate Transfers R205(a), C12 - An Option

The Canadian Immigration and Refugee Protection Act and Regulations provides Specialized Knowledge Workers – R205(a), C12 Exemption. This type of visa is similar to the United States’ Intra-company transfer visa (L1).

The C12 work permit and corporate transfers is an attractive options for employers to transfer an employee from their corporate branch or subsidiary abroad to their corporate operation based in Canada. Provided the goal is to create or maintain significant social, cultural or economic benefits or opportunities for Canadians.

Sample of requirements are:
- Candidate must be Senior Manager/ Executive or Specialized Worker
- Exempt from HRSDC confirmation
- Canadian branch “is or will be doing business” in Canada and foreign country. Doing
business means regularly, systematically, and continuously providing goods and/or services by a parent, branch, subsidiary, or affiliate in Canada and the foreign country, as the case may be. It does not include the mere presence of an agent or office in Canada.
- Work Permit required
- Others, please request for guidance

The R204 Regulation will be applicable to employers that will fall under NAFTA (North American Free Trade Agreement), GATS (General Agreement On Trade in Services) and CCFTA (Canada Chile Free Trade Agreement) for countries like USA, Mexico and Chile. All others will have to follow the usual process for a Work Permit.

For further inquiries please contact: info@jntconsulting.com

This is not a legal advice but for informational purposes only.

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