The General Agreement on Trade in Services (GATS) allows Australian citizens working in specific roles to apply for a work permit and transfer to a Canadian branch of their company. This pathway is intended to facilitate the movement of skilled professionals between Australia and Canada when employed in specific positions within multinational companies. Key details and requirements are as follows:
Eligibility Criteria for Intra-Company Transferees (ICT)
- Nationality: The applicant must be an Australian citizen.
- Position in the Company: The applicant must be employed in one of the following roles within their company:
- Executive: Responsible for the management of the company or a major part of it, with little to no oversight from higher authorities within the organization.
- Senior Manager: Oversees and directs the work of other supervisors, managers, or essential employees. This role includes responsibility for making strategic decisions in managing a department or a key component of the enterprise.
- Specialized Knowledge Employee: Possesses advanced knowledge of the company’s products, services, research, equipment, techniques, or management essential to the company’s operations in Canada.
- Employment Requirements:
- The applicant must be employed by the Australian company for at least one continuous year within the last three years preceding the application.
- The transfer must be to a Canadian branch, subsidiary, affiliate, or parent company of the Australian business.
- Work Permit Validity and Extensions:
- Initial work permits for intra-company transferees are generally issued for up to three years.
- Extensions may be available based on the applicant’s position and the ongoing business needs of the Canadian entity.
- LMIA Exemption: GATS intra-company transferee work permits are Labour Market Impact Assessment (LMIA) exempt, meaning the Canadian employer does not need to prove that hiring the transferee will not impact the Canadian labour market negatively.
- Employer Responsibilities:
- Submit an offer of employment through the Employer Portal or another approved channel.
- Ensure the transferee’s role in Canada aligns with the responsibilities and qualifications of the specified GATS category.
- Purpose of Transfer:
- The transfer should be intended to benefit the Canadian branch’s operations, helping to develop or expand its capabilities through the transferee’s expertise or leadership.
- Temporary Entry Requirements:
- The applicant must satisfy Canadian immigration officials that they intend to reside in Canada temporarily and meet all eligibility criteria for entry under Canadian immigration laws.
This GATS pathway allows Australian citizens in qualifying roles to bring their skills and leadership to Canadian branches, fostering stronger business ties between Australia and Canada.
Contact us to speak with our experienced Immigration lawyer in Vancouver. We are conveniently located in downtown Vancouver, if you are visiting Vancouver, meet us in person at 504-938 Howe Street, Vancouver, BC.