Can I transfer to a Canadian branch of my company without going through an LMIA?
Yes, in many cases. Canada's immigration regulations include an LMIA exemption for intra-company transferees, commonly referred to by its code C12. This is a federal exemption and operates the same way in Ontario as in other provinces.
To qualify, you must have been employed by the company (or a qualifying affiliate) outside Canada for a minimum period — typically at least one year within the past three years — in a qualifying role. The position in Canada must also be at an executive, senior managerial, or specialized knowledge level. The company must be a qualifying multi-national organization, and the Canadian entity must be a qualifying related business (parent, subsidiary, branch, or affiliate).
You still need to apply for a work permit — the exemption means you skip the LMIA step, not the permit step itself. The application can be made at a port of entry in some cases, or through a Canadian visa office in others, depending on your citizenship and the circumstances.
Because the qualifying criteria involve nuanced assessments of your role, the corporate relationship, and the nature of your specialized knowledge, getting legal advice before applying is worthwhile.
Key takeaways
- Intra-company transferees can often obtain a work permit without an LMIA.
- You must meet minimum prior employment duration and hold a qualifying senior or specialized role.
- The Canadian entity must be a qualifying related business (parent, subsidiary, affiliate).
- You still apply for a work permit — the LMIA requirement is waived, not the permit itself.