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the transfer of their expertise to Canadianbusinesses.To qualify as an intra-company transfereean employee must be: (1) employed fulltimeby a multi-national company outside ofCanada (for at least a year) in a role similarto the role to be performed in Canada; (2)seeking temporary admission to Canada towork in a parent, subsidiary, branch oraffiliate of that enterprise; and (3)transferred to a position in Canada wherethey will work in an executive, seniormanagerial or specialized knowledgecapacity.This work permit category can be used byinternational companies seeking to transferemployees to an established company inCanada, or specifically to start a company inCanada. In the case of a Canadian start-up,a company must show that physicalpremises in Canada have been secured,provide realistic plans to staff the newoperation, and demonstrate the financialability to commence business in Canadaand compensate employees.program criteria for specialized knowledgeworkers and is expected to introducechanges that will restrict the application ofthis work permit category, especially as itapplies to companies in the informationtechnology industry.Currently, immigration officers assess thefollowing factors to determine whether aforeign worker has the requisite level ofspecialized knowledge:KnowledgeThe knowledge possessed by theapplicant must be unusual anddifferent from that generally found ina particular industry. It should begained through extensive experiencewith the organization abroad.OccupationThe position must be critical to thewell-being of the operation, andshould generally be a skilledposition.Initial intra-company transferee workpermits can be issued for a period of up toone to three years, and may be extended toa maximum of seven years for seniorexecutives and managers, and five years forspecialized knowledge workers.While intra-company transferee work permitapplications for executives and seniormanagers are relatively straightforward,specialized knowledge worker applicationsare scrutinized much more closely at portsof entry and visa offices abroad. At the timeof writing this chapter (April 2014), theGovernment of Canada is reviewing theEducationThe foreign worker should have thelevel of education typically requiredfor the position in question.ExperienceThe foreign worker's experienceshould support the claim ofspecialized knowledge in that theemployee is expected to have held akey role abroad and in that capacityhave been involved in significantassignments related to theBusiness Travel to Canada, Work Permits and Immigration Law 29

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