Canada Places New Standards on Intracompany Transferees
July 7, 2011— Citizenship and Immigration Canada (CIC) adjudicators will now consider a new range of eligibility factors when closely scrutinizing work permit applications for specialized knowledge intracompany transferees. The new guidelines were prompted by an increase in intracompany transferee applications in the information technology (IT) field since the termination of a labor market opinion exemption for these occupations last year. However, the new guidelines will apply to all specialized knowledge intracompany transferee applications, regardless of occupation.
The new policy bulletin focuses in particular on the weight adjudicators should give to an applicant’s proposed salary, advising that specialized knowledge applications should not be denied based on proposed salary alone. The bulletin also clarifies that the proposed salary must be “realistic” for the occupation in Canada. Adjudicators are instructed to consider per diems in the salary amount, provided that they are paid directly to the applicant. Non-cash per diems, such as travel expenses the employer pays directly rather than to the foreign national, are not considered salary.
The CIC bulletin also reminds adjudicators to consider several other factors in determining whether an applicant has specialized knowledge. These factors are:
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Education – Is a diploma or degree required for the position sought?
Knowledge – Does the applicant possess knowledge that is uncommon in the industry or that is relatively unique within the sponsoring entity?
Experience – Does the applicant’s experience with the foreign entity or in the industry support his or her claim of specialized knowledge?
Relevant training – Has the applicant received any previous training that supports the claim to specialized knowledge?
Supporting documentation – Does an applicant’s resume, reference letters and other supporting documents support his or her claim?
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