In our March 22, 2010 article, we explained the simplified and expedited processes for obtaining a temporary work permit for foreign employees transferred from outside Canada to a Canadian parent, subsidiary, branch or affiliate company. These intracompany transfers provide a significant benefit for companies — they exempt them from demonstrating their reasonable efforts to fill the position with a Canadian citizen or permanent resident.
One of the requirements to meet the intracompany exemption is that both the Canadian and the foreign company are doing business at the time of the application. They must be regularly, systematically and continuously providing goods and services in their respective countries. What about when the Canadian company is being set-up and not yet doing business in Canada at the time of the application? In that case, special guidelines for a start-up may apply.