Regulation 208 — Workers — specific categories
Text of provision
A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national
(a) holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study; or
(b) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months.
Plain English
Regulation 208 provides LMIA exemptions for: intra-company transferees (executives, senior managers, and specialised knowledge workers transferring within a multinational corporation); religious and charitable workers; emergency workers; and researchers under international agreements.
The intra-company transferee category — one of the most frequently used LMIA exemptions — requires that the foreign national has been employed by the foreign affiliate for at least one year and is being transferred to a Canadian affiliate in a qualifying capacity.
Practical effect
The intra-company transferee (ICT) category under r 208 is a major pathway for multinationals bringing executives and specialised knowledge workers to Canada without an LMIA. The requirements are: (a) valid employment abroad for 12 months with the transferring entity; (b) the Canadian and foreign entities are related by common ownership; (c) the worker qualifies as an executive, senior manager, or specialised knowledge worker. The specialised knowledge category is frequently litigated — IRCC and CBSA officers are trained to scrutinise "specialised knowledge" claims carefully.