The Intra-Company Transfer Program
• This Program falls under the International Mobility Program: Canadian interests – Significant Benefit – Intra-Company Transfer
• This initiative by IRCC allows vital employees of a company with a parent, branch, or affiliate company or is looking to open up a new office in Canada.
• It is an LMIA exempt process, so it saves considerable time in soliciting such an application.
• The onus is on the qualifying factors of the company outside and inside Canada.
• The ICT category permits international companies to temporarily transfer qualified employees to Canada to improve management effectiveness, expand Canadian exports, and enhance competitiveness in overseas markets.
• Work permits required for ICT and are exempted from the Labour Market Impact Assessment (LMIA) under paragraph R205(a) (exemption code C12) as they provide significant economic benefit to Canada through the transfer of their expertise to businesses. This applies to foreign nationals from any country, including under the General Agreement on Trade in Services (GATS).
• Paragraph R204(a) provides for LMIA exemption code T24 for qualified intra-company transferees who are citizens of a country that has signed a free trade agreement (FTA) with Canada, namely NAFTA (and similar FTAs), and supplements the Immigration and Refugee Protection Act general provisions.
ICT Program Qualifiers
• The applicant must have worked for the company for at least one year on a full-time basis;
• The applicant must be offered a position with a Canadian branch, affiliate, or subsidiary of the foreign company;
• Executives who receive only general supervision or ‘no supervision’ from other executives, directors, or shareholders, or
• Senior Managers who supervise other managers or who manage essential functions within the business, or
• Workers with ‘specialized knowledge or advanced level of expertise.
Work Permit Issuance
Intra-company transferees may apply for work permits under the general provision if they are:
• Employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch or an affiliate of that enterprise;
• Transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed and will undertake employment at a legitimate and continuing establishment of that company (a reasonable minimum guideline is 18–24 months);
• Being transferred to a position in an executive, senior managerial, or specialized knowledge capacity.
• Employed continuously (via payroll or by contract directly with the company) by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one in the three years, immediately preceding the date initial application.
There are various considerations in this program, and we will be happy to assist you.