Immigration Canada - PanCanadian Immigration Law Group

Intra company transfer to open a branch

Discussion in 'Working in Canada' started by Luke, Jul 4, 2013.

  1. Luke

    Luke New Member

    I own and run a business based in the UK and wish to use ICT so I can come open a branch office in Canada. I've researched the Intra Company Transfer and feel confident it's the correct route to do this, although there's one niggling thing I can't seem to determine...

    When arriving and applying for ICT, the immigration officer will need to see an 'employer letter', confirming I am an employee of the company and a few other details about me. However, as I am technically my own employer, I'm not too sure how I'd write this letter. Would it be appropriate to write it in the third person?

    Regards,
    Luke
  2. Immi2111

    Immi2111 New Member

    Here is some information you may find helpful:

    From another the British Expats site forum:
    If you open a branch of the parent company you do not need a director to be a Canadian resident. Only if you are looking to start a new limited company within Canada that is treated as separate entity for tax purposes (i.e., a subsidiary.)

    I believe all you will need is an Agent of Service who is a representative who will forward Canadian tax documents to you. This can be a Canadian resident over the age of 18, or a company. Specialized companies can do this for you for a fee.

    And from CIC in terms of qualifying relationship between your company and the new branch:
    B) Qualifying relationship between the Canadian and foreign employer
    The Canadian and foreign enterprises must be legal entities that have a parent, subsidiary, branch or affiliate business relationship. Both the Canadian and foreign companies must be, or will be doing business.
    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. For instance, a company with no employees which exists in name only and is established for the sole purpose of facilitating the entry of intra-company transferees would not qualify. (See Appendix G for an explanation of terminology.) Evidence of the fact that a company is actively doing business such as annual reports (for public companies), articles of incorporation, profit/loss statements, partnership agreements, licence to do business, business tax returns and registration with Canada Customs and Revenue Agency as an employer, may be useful. Both the Canadian and the foreign branches of the company must be doing business for the duration of the intended stay in Canada of the intra-company transferee. The foreign national employee must be able to transfer back to the foreign company at the end of their assignment in Canada.

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