What is a staff transfer to Canada?
A staff transfer moves an existing employee from your company abroad into a role at your Canadian office. Most transfers need a work permit. The right permit depends on how your companies are related, the employee’s role and their citizenship.
At Sobirovs Law Firm, we handle the full process for multinational companies, from choosing the pathway to filing the employer and employee applications. You focus on the business; we take care of the immigration side. See our Success Stories for examples of our work.
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Executives and senior managers
Leaders who will direct the Canadian business or a major function.
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Specialized knowledge staff
Employees with advanced know-how of your products, services or processes.
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Tech and IT talent
Developers, engineers and other in-demand tech roles.
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Teams for a new Canadian office
Key staff sent to open and set up a new branch or subsidiary.
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Skilled workers at any wage level
Roles filled through an LMIA when no exemption applies.
Key takeaway
Start with your corporate structure. If your foreign and Canadian companies are linked through ownership, an LMIA-exempt intra-company transfer is often the fastest route. If not, you will usually need a trade-agreement permit, another exemption or an LMIA.
Which work permit fits your staff transfer?
There are four main routes. Each has its own test, and choosing the wrong one is a common reason for refusal.
ICT transfer
Best for
Executives, managers and specialized knowledge staff of a multinational with a related Canadian company. The employee needs at least 1 year of full-time work with the company in the last 3 years.
Keep in mind
A new Canadian office gets a first permit of up to 1 year, and needs real premises and a credible plan.
Trade agreements
Best for
Citizens of treaty countries, such as the U.S., Mexico or EU member states, moving as professionals, transferees, traders or investors.
Keep in mind
Each agreement has its own list of eligible jobs and rules. The employee's citizenship decides eligibility.
Global Talent Stream
Best for
Hard-to-fill tech roles, or companies referred by a designated partner. Eligible work permits have a 2-week service standard.
Keep in mind
You commit to a Labour Market Benefits Plan and must pay at least the prevailing wage.
Standard LMIA
Best for
Roles where no exemption applies. You show that no Canadian or permanent resident is available for the job.
Keep in mind
Low-wage LMIAs face caps and are not processed in regions with unemployment of 6% or more. High-wage roles are not affected by this pause.
Owners who will run their own Canadian business may qualify for the C11 owner-operator permit instead. Since May 2025, it is issued for up to 18 months, and the owner needs at least 51% of the business.
Learn more in our guides to Intra-Company Transfers, CUSMA/NAFTA work permits, the Global Talent Stream and the LMIA. For a full overview, see How to Hire Foreign Workers in Canada.
How does a staff transfer work with Sobirovs?
Most transfers follow four stages. Timelines depend on the pathway and the visa office.
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Step 01
Review your structure and the role
We confirm the corporate relationship, the employee's work history and the Canadian job.
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Step 02
Choose the pathway
We match the transfer to ICT, a trade agreement, the Global Talent Stream, an LMIA or another exemption, and flag risks early.
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Step 03
Prepare the employer file
For LMIA-exempt routes, we submit the job offer through the Employer Portal. For LMIA routes, we manage recruitment and the LMIA application.
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Step 04
File permits and plan ahead
We prepare the employee's and family applications, respond to officer requests, and track renewals and permanent residence options.
What mistakes cause staff transfers to fail?
These are the issues we see most often in our practice.
No ownership link
Why it hurts
ICT needs a parent, branch, subsidiary or affiliate link through ownership. Contracts, licences and franchises do not count.
What works instead
Document the ownership chain early, or choose a route that does not need it.
Paper-only office
Why it hurts
Officers look for real premises, funding and a realistic plan to hire and operate.
What works instead
Secure a lease, open a bank account and prepare a business plan with staffing targets.
Remote-capable role
Why it hurts
Officers now ask why the employee must be physically in Canada.
What works instead
Explain the in-person duties, such as managing local staff, clients or a launch.
Below-market pay
Why it hurts
Specialized knowledge and LMIA roles must meet the prevailing wage for the job and region.
What works instead
Check Job Bank wage data before you make the offer.
Family work rights
Why it hurts
Since January 21, 2025, spouses get open work permits only in certain cases, and dependent children no longer qualify.
What works instead
Check family eligibility before the move, and plan separate permits if needed.
Low wage, paused region
Why it hurts
Low-wage LMIAs are not processed in regions with unemployment of 6% or more.
What works instead
Check the current list before you plan, and consider another location, wage level or route.
US companies run into one more that is easy to miss: the Canadian entity must submit the offer of employment in IRCC’s Employer Portal and pay the $230 employer compliance fee before the employee can file anything. Our employer’s checklist for US companies transferring staff to Canada sets out that sequence in full.
Can the employee bring their family?
Yes. A spouse or common-law partner and dependent children can usually come with the employee, and minor children can attend school in Canada.
Work rights for family members are narrower than before. Since January 21, 2025, a spouse can get an open work permit only if the employee works in a TEER 0 or 1 job, or in certain TEER 2 or 3 jobs, and has at least 16 months left on their permit. Some trade agreements have their own rules for spouses.
Staff transfers to Canada: frequently asked questions
Not always. Intra-company transfers, trade-agreement permits and several other exemptions do not need an LMIA. If no exemption fits, you will need an LMIA, which shows that no Canadian or permanent resident is available for the job.
For an intra-company transfer, the employee needs at least 1 year of continuous, full-time work in a similar role with your company outside Canada, within the 3 years before applying. Part-time work does not count.
Yes, if your company already operates as a multinational. The first permit for a new office is limited to 1 year. You will need to show physical premises, funding and a realistic plan to grow.
Under the ICT program, executives and managers can stay up to 7 years in total, and specialized knowledge staff up to 5 years. First permits are usually issued for up to 3 years, with renewals of up to 2 years.
It depends on the route and the visa office. Global Talent Stream work permits have a 2-week service standard. Other applications can take several weeks or months, so check IRCC’s current processing times and plan with a buffer.
Usually only through an LMIA. Low-wage LMIAs face caps and are not processed in regions with unemployment of 6% or more. The list of affected regions is updated every quarter.
Often, yes. Skilled Canadian work experience can help through Express Entry or a Provincial Nominee Program. Eligibility depends on the job, experience, language and other factors, so plan early.
