 Hi guys, welcome back to my youtube channel. So those of you who are here for the first time read about me in the description box You can also get in touch with me. The link is in the description box I am a lawyer in Ontario Canada and today I'm back with Mr. Shah Rukh Zuhib Abbas Who is also a barista in solicitor in Canada and we have a form called ace law. The link is in the description box You guys can get in touch with us We deal with all kind of legal related matters But in today's vlog we are back with business immigration series 2. In series 2 We are going to discuss about intra-company transfer, which is again a very interesting and a little bit complicated stream for business immigration So what is the legibility? What is the criteria? We are going to discuss in today's vlog with him Also, if you haven't watched the series one, which was about owner operator, you can go and see if the link is in the description box So without wasting much time, let's go ahead and listen to what he has to say Yes, we are back with the business immigration series 2 and today We have a very interesting topic as I told my viewers that it is about the intra-company transfer Which is also a stream of business immigration and which is not much talked about So we I wanted to discuss this with you for the viewers that what kind of stream is this? What is intra-company transfer and what is the C12? Okay, so thank you for introducing and bringing this topic power Today we are going to talk about the intra-company transfer. It's a very different and unique kind of work permit Why it's unique because there is no LMI required For applying for such work permit. If you remember in last meeting, there was my discussion with you We discussed a program owner operator LMI and it has to go through service Canada and other stages This is another work permit It's a bit more quick in time. It will take less time In this, you can provide that with little requirements that you can fulfill on qualifications In short time, you can have a work permit I will go into specifications. Generally, let me brief you a little bit Tell me a little bit about the basic finger tips This is an available high journal and I want to talk about general information and specific things I will discuss For refreshing the memory The basic thing is that you have been transferred by a foreign company to Canada For setting up a business or doing some special unique task for a certain period of time And that company should have a qualifying company here through which you can be transferred So you can issue a work permit For that, the requirements are complete For that, you get a specific portal where you get an exempt code Then you will submit the same code to CIC for your work permit issuance They will match the code and then they will issue you a work permit This is a simple procedure What are the, how can anyone, it seems very simple Everyone can do like you have a company in Dubai or India or Pakistan Or in Qatar and you can do it It's not for every company In the beginning, I would like to be very much clear that if you say that you have a company in UAE Or you have a company in India or Pakistan for the last 5 years and you can do it So this is not just the requirement, it's a basic Apart from this, if you look at the CIC website and their guidance manuals This is not the criteria to judge a company Whether this is eligible for ICT or not Criteria is much more broader and it has more requirements As compared to simply giving you information If you have a company somewhere 2 years old and you have a 1 year work experience Then you can do it, it's not like that The financial or network of your company Or its social presence, it matters a lot And without that, it might not be possible for you to do all the procedures And still you will not be getting through Because I would say that you don't need to ask anyone to submit the file The result will come when the file has been submitted for your work permit And that's time it will be a problem But the advantage of this is that this is an exam You will get your work permit in a short period Ideally for those who are running their businesses in some way They are very successful in any part of the world And now they want to expand their business And if they want to expand their business, they want to come to Canada So for that, they have this way Rather than going to business migrations In which you want to have investment commitments You want to do it At that time, it will take a lot of time And even after spending a lot of money, you are not sure it's going to happen So this is ideally for a business person You want to move here eventually But initially with this business as well So first you want to test this place for your business It's a good route for them They can come through this work permit Apply if your financial network is good Again, I am insisting that if your financial network position It's not like you can support this work permit in the future So it's just will be a waste You need to make sure that your financial position And your company's structure are well in place So that there is no problem in the future So we have so many queries In which people share their assessments Or turn over You also know that not every company qualifies for the intra company transfer There are a few companies that qualify So there are challenges in this So I think if you can tell us through the light What are the challenges and which companies are eligible And which type of companies are eligible for this stream Yes We have to discuss the company on two stages Foreign company and sister concern in Canada Sister concern is not a big issue for Canada It will be a simple incorporation We just need the documents We can do it with that But your main Madhura company Where all this information is going on Its incorporation should be well founded Same shareholder He is the foreign company And the same shareholder is the local company If you want to keep a shareholder If you want to incorporate it into its branch That's also possible But it's very important to create a qualifying relationship If you qualify They will insist a lot on that That both of your companies should have the same qualifying relationship If you read their manuals How they qualify If there are three shareholders in a company A, B, C, R, 3% shareholder With 33% share up each Sorry All these three persons should be also a partner And shareholder in the same company in Canada With the same shareholding If your shareholding structure is changed And it's very important In the past, we have seen that Some places have been overshoot That only one person is coming In the Middle East, there is a problem That in your company There are some structures Where your local partner is a 51% shareholder And your partner doesn't need to be a part here And when they did UAE Or Saudi's company In Dubai Canada has incorporated They only made the actual owner as a shareholder But it reflects not qualifying relationship And its sole after although company was qualified Person was qualified But there is no qualifying relationship established This is a challenge Now talk about the company which is In other part of the world If you read in the general guidelines Usually how this 2-7-1 works The company which you want They want to sponsor They will mention the word it should be a multinational company Which has a broader presence There is an As you usually know very well There is no definition anywhere about What is called multinational In every jurisdiction It has a different presumption The jurisdiction in which a company Which is usually a multinational Sometime only a public Joint stock company is declared as a multinational But there are jurisdictions Where a private owned company is also It can be a multinational company Depend upon the price Generally You need to see against the jurisdiction In case jurisdiction If you tell me that I have sole establishment In my own name Not as a corporation But as a single owner Which is all over the India It may be difficult for me to prove this As a multinational company Because firstly it may not become And the definition of company Because for that you have no incorporation You are just doing There is a sole establishment As sole provider You might have a difficulty Although your financials Social media presence Everything is well placed So company structure documents are very important How are the documents In how many jurisdictions you are submitting You may have operation all over the India But you are only submitting Your tax returns for the one branch And other one you have neglected That can impact into your case And sometime people are smart They have a jurisdiction For companies in Middle East And in India under one holding So if you have a main holding company And then you have a structure placed Well advanced anywhere As I am sure if we have time today We will discuss one case scenario Which we have done in the past We will discuss it By looking into specifications So one more thing Which is very important If the company becomes illegible Then who is the employer Who qualifies Yes So three kinds of people are qualified Actually Either you are from senior management Or you are an executive Or you are a Especially skilled person I will talk about Especially skilled person later Usually your clients are here In cases like that They are business owners They are directors They are GMs Senior management people Who want to move and come here Initially for start up expenses And then especially in some cases Like you are a really good corporation And you have businesses already And now you want to send your CPA Chartered accountant or running one For running that case for some time So for that it is extreme But let's talk about focusing on start up businesses Usually People call their Senior management They are actors They are also the shareholders They are CEOs These kind of people usually are The thing is that you should have Qualifying employee relationship with that company Very crucial In some cases people are shareholders People are shareholders But they don't have a qualifying relationship with the company As an employee I'll let you know There is an IABC company Someone is a shareholder of it He owns 99% shares Although he is managing all the Pares for a long period of time But on the record Neither of the tax returns Our company's employees He has been never shown as an employee Or someone who is working for the company But he has other people Like he has another chief operating officer Someone else is a counter Someone else is GM So they might have a difficulty In proving their qualifying relationship With that company So there are two qualifying relationships We need to prove First qualifying relationship Second qualifying relationship Employee Who you want to move to Canada With that employee's foreign company And the basic requirement for that He must have worked one consecutive year With the company last two years He worked for a year Continuous Ideally you should be still working with the company Otherwise it's difficult If you applied two years ago And then you need to show How you have resumed your operation in that company So let's assume as a general scenario We are working in that company for the last one year How How to prove that I am working in that company Although I am its owner, Sherhold The guidelines People who are working in immigration Officers and officers They have a certain guidelines And unfortunately they only go by the book In some cases Like their situation But usually in first instance they go by the book How they will prove you will be on the payroll You have a salary slip You have a tax number You have been submitting tax in your home jurisdiction As an employee or even as a director You must have an employee chart there And then you are withdrawing salary And they specifically ask If you are withdrawing salary Show us in your bank account that you are depositing Generally a director will not draw A minimum salary You would have a good salary there in the company And it should be deposited into account To make it more legitimate I mean I am not saying if there is no bank deposit And that can lead into another investigation And another investigation Anything can happen in this scenario So if you need to place All these document valid ones And if you don't have this information in place You need to prepare for it And you should make sure That you are submitting an application Without preparation Anyone with whom you are dealing You should discuss with them Show them the documents and then take advice Whether I have a case or not It's your case and right now It's not a fair case for you So don't take any chances Without any documentation And write it out If a lawyer says Rather preferable Than through doing it by yourself Or maybe through a consultant Or maybe through somebody who is not experienced Maybe somebody can be experienced But what is the importance of a lawyer To get this work permit Can you please share that And I think I need to address this situation Certainly Many people came to ask After submitting and doing the paperwork And then they realized It has not been done properly I'll talk about very few basic things If you see its documentary requirements Then there is no specific Documentary requirement Which is very extraordinary difficult Or you have a problem In making it Except business plan and other things Then you need to ask a question To yourself or your lawyer or consultant How you are going to prove these things for me I mean how you prove my Qualifying relationship with the company How will you prove that I am bringing a 60% benefits to Canada And what are my challenges Of course if I am trying to run a business here What are my intents There are certain things which you do With every file for Such kind of work permit CSE Every file And they ask us to do it We submit a letter It's called a submission letter That submission letter is basically The crux of your entire file And accept that someone is not aware Of the technicalities or he has not done previously It can be a do or like setup Situations for your case You don't have any proof That you will actually do everything But the story of your lawyer Or if you have a CSE Or lawyer That is your story And how he will rate events for you How he will describe your situation That is what is going to impact This is from where Abhisar Kisar will make his opinion You will think about all this Let me talk about few parts of this submission letter Why I am insisting it's very important Let's talk about What are your future plans In Canada All qualifications are complete You have everything You can do it Obviously you cannot use this work permit As a source to go for PR This is a work permit to just an establish a business And maybe you can use another way This is the same business You can convert it into an intrapreneur program Or any other program for getting PR However it's not a program Which is meant for the PR While every visa officer See these files with a suspicion That there will be a program which has been used to take The benefit of the situation Your lawyer He will in a submission letter He will clearly demonstrate What is your intent for coming to Canada And those intent should be reflected through your documentation He will narrate Your intention in the document Your plans As a director But you don't have a power director For everything you have to go back In your business plan Go back and ask the mother company in India This is not going to work for you They will ask you The position for which you want to come here It doesn't give you an authority to do those things by your own So technically You are not doing this job by your own But taking the disease from India And let's do it from there while you are coming here He will challenge this thing in the part He will describe it We have a board resolution in the part He has a full authority Full mandate with the convincing arguments From our side reflecting to the relevant regulations Copying all the relevant legislations If we delete this You will benefit He will bring a significant benefit to the Canadian community And Canadian social and economical Structure by bringing more jobs And then we will describe in the same Ledger What are his staffing and payroll plans When we will start the structure Your staffing plan How many employees you want to hire The very core thing Which came and I think it's One of the important things To make more sense than any other That you are bringing skills to Canada Because obviously you are claiming That by bringing this job And this business in Canada I am bringing special skills And through coming as a senior position And you want to transfer your company skills In Canada apart from being an investment How you are planning to transfer Those skills to the new employees For that you will do the workshop You will maintain the education programs How your transition will be In the future For your position How you will hire people from the local community It's a very comprehensive challenge That comes in the submission ladder And I also felt the same challenge That you have a lot of information That you need to bring into two pages Inside Your special skills Your drafting skills Your ability to see files from a long period of time And again the business structure Everything will count Very important document I would say Yeah So the last question Is that in practical circumstances When you have a case Can you explain to us How we have overcome the challenges And how we have dealt With the whole file And the facts of the situation Like recently There was a company I can't disclose its name But They are actually A travel agency They have been in travel agency Obviously it's a pre-college So It was a travel agency Which want to move its CEO It was doing good in Middle East And they have So many branches there In UAE and Now it's senior executive We want to move it Because intent was basically The client want to come to Canada He want to understand the market And do start a business here Because he was seeing a lot of tourism potential Between Canada and Middle East So start may As I told you The same kind of situation In Middle East You have a 51% shareholder Smith There was a local partner was there And then we have He was 49 He didn't agree to come And be part of the Canadian organization He said I don't have any set liabilities I don't want to do it So then I based on understanding That jurisdiction My challenge was How to qualify for the company And prove it So I requested him To make a memorandum Usually the company has a memorandum Of understanding and association And in the association With a local shareholder And then with a certain draft Which we have reviewed again and again And then that guy He made a new memorandum In which it was declared that Local partner is only because It's a regulatory requirement And he has no beneficiary Or other interest in the company Except waging few basic salaries Like annual 10,000-15,000 In Middle East The problem in companies Is that they have usually A fixed for 15% to 20% Profit margin in the company If it's 51 And they'll say we're only concerned about 10% It still makes them a Shareholder Because if you benefit 10% You are still a shareholder And you have a qualified relationship with them So we declared him as an employee Who has just been there for regulatory requirements And then I Asked him to put him on the payroll To make it more appropriate Because he's on my payroll He was on his board payroll But as we have a qualified relationship Then he was his wife and they both Are shareholder here in Canadian company And this is how we were able to Challenge that structure Because this is the core If we would have come alone by that one And by the way His office would ask these questions He then reviewed those documents And in second review he realized He understood that The documentary are Legislative requirements of UE are different So then they come on it again But what happened Sometime Immigration officers may not agree With those things Sometime these arrangements work Sometime they don't If he or she has never worked on Middle East file And if something new for him or her It's difficult to prove That this is our intent To do it Because they see things in their own way Normally why would someone be 51% shareholder In their company If he has no interest in that I mean it doesn't make no sense But generally they believe in these things Alright Thank you for all the information and insight That you've given us today I hope it was useful for everybody That's my player ma'am And I'm sure you would have a good response In last video too And share our thoughts with the people Because we are generally here We don't need to deliver basic information Everyone has a lot of videos People should be aware What is happening in the file And they should make your mind After getting it But in the end I would like to warn That there is no specific legal advice For any case You just simply cannot rely on it If you have a specific situation Contact us Please don't treat it as a legal advice Thank you So guys I hope that whole information Which is not easily available in the market And especially through the lawyer's mouth It is easily available for you here And it was useful for you guys If you have any question for your concern Put in the comment section You can get in touch with us The link is in the description box I will keep posting about the business immigration series And you can Subscribe to my channel to watch it Thank you, bye-bye and have a good night And save yourself from all the Immigration scams and frauds that are happening