Intra-Company Transfer

Overview

The Intra-Company Transfer (ICT) program allows multinational companies to temporarily transfer eligible employees from a foreign parent, subsidiary, affiliate, or branch to a related company in Canada. This program is designed to facilitate the movement of highly skilled workers who are essential to the Canadian operations of these companies, without requiring a Labour Market Impact Assessment (LMIA). The primary goal is to enhance the Canadian economy by allowing companies to leverage international talent and expertise within their own corporate structure.

How it Works

Under the ICT program, a Canadian employer that is related to a foreign company can apply for a work permit for an employee from that foreign company. The employee must meet specific criteria related to their position, tenure with the company, and the nature of their work in Canada. The program operates under the International Mobility Program (IMP) streams, which means it is exempt from the LMIA requirement. Instead, the employer must submit an offer of employment to Immigration, Refugees and Citizenship Canada (IRCC) through the Employer Portal and pay the employer compliance fee. This process ensures that the transfer is legitimate and meets the program's objectives. The work permit issued is an employer-specific work permit, meaning the employee is authorized to work only for the Canadian employer specified in their work permit application.

Who It's For

The ICT program is intended for executives, senior managers, and employees with specialized knowledge who are being transferred to a Canadian entity of their multinational employer. It is suitable for companies looking to establish or expand their presence in Canada, transfer critical talent to support Canadian operations, or provide international experience to their key employees. It is also beneficial for foreign nationals who possess valuable skills and experience within a multinational corporation and are looking for a temporary work opportunity in Canada that may potentially lead to longer-term immigration options.

To be eligible for an Intra-Company Transfer work permit, both the employer and the employee must meet specific criteria:

For the Employee:

• Qualifying Position: The applicant must be transferring to a Canadian entity in an executive, senior managerial, or specialized knowledge capacity.
  • Executives: Primarily direct the management of the enterprise or a major component thereof.
  • Senior Managers: Manage a department, function, or component of the organization, and supervise other managers or professional employees. They typically have authority to make decisions of consequence.
  • Specialized Knowledge: Possess proprietary knowledge of the company's product, service, research, equipment, techniques, or highly developed expertise in the company's processes and procedures. This knowledge must be uncommon in the labour market.
• Prior Employment: The applicant must have been continuously employed full-time by the foreign company for at least one year in a similar position (executive, senior manager, or specialized knowledge professional) within the three-year period immediately preceding the date of initial application.
• Intention to Depart: The applicant must demonstrate their intention to depart Canada at the end of their authorized stay.

For the Employer (Canadian and Foreign Entities):

• Qualifying Relationship: The Canadian entity must have a qualifying corporate relationship with the foreign entity (parent, subsidiary, affiliate, or branch).
  • Parent: A company that owns more than 50% of another company.
  • Subsidiary: A company in which a parent company owns more than 50%.
  • Affiliate: One of two companies that are owned and controlled by the same parent or individual.
  • Branch: An operating division or office of the same company.
• Operating in Canada: The Canadian entity must be a legitimate, functioning business. For start-up companies in Canada, they must demonstrate that they have the financial ability to commence business and support the salary of the transferred employee.
• Transfer of Functions: The transfer must involve the transfer of an existing business or the establishment of a new business in Canada that represents a transfer of functions from the foreign entity, not just the movement of an employee for general labour.

The following documents are typically required for an Intra-Company Transfer work permit application:

• Proof of Relationship: Documentation demonstrating the qualifying relationship between the Canadian and foreign entities (e.g., articles of incorporation, business licenses, annual reports, organizational charts, share registers, partnership agreements).
• Letter of Support/Employment Offer: A detailed letter from the Canadian employer outlining:
  • The relationship between the Canadian and foreign entity.
  • The applicant's current position and duties at the foreign company.
  • The proposed position, duties, salary, and benefits in Canada.
  • Confirmation that the position in Canada is executive, senior managerial, or specialized knowledge.
  • The duration of the assignment in Canada.
• Proof of Employment History: Letters of employment, pay stubs, and/or an employment contract from the foreign company to verify the applicant's continuous full-time employment for at least one year in a similar role prior to the transfer.
• Educational and Professional Qualifications: Copies of diplomas, degrees, professional certifications, and résumés to support the applicant's qualifications for the position.
• Passport and Travel Documents: A valid passport for the applicant and any accompanying family members.
• Digital Photo: A recent passport-style photo.
• Employer Compliance Fee Receipt: Proof of payment of the employer compliance fee.
• LMIA Exemption Number: The offer of employment must include the A# (Agreement number) or LMIA-exempt offer of employment ID number.
• Business Plan (for new offices/start-ups): If the Canadian entity is a start-up or new office, a comprehensive business plan detailing the company's financial capability, operational plans, and how it will support the transferred employee.

The application for an Intra-Company Transfer work permit generally involves the following steps:

1. Employer Submits Offer of Employment: The Canadian employer first creates an account on the IRCC Employer Portal, submits the offer of employment for the foreign national, and pays the employer compliance fee (CAD 230). Upon successful submission, an offer of employment ID number is generated. This step is crucial and must be completed before the foreign national applies for their work permit.

2. Gather Required Documents: The foreign national (employee) compiles all necessary documentation, including personal documents, employment history, educational credentials, and the offer of employment ID number provided by the employer.

3. Complete Work Permit Application: The applicant completes the

Spouses/common-law partners of Intra-Company Transferees may be eligible for an open work permit, provided the principal applicant's work permit is for six months or longer and they are working in a high-skilled occupation (NOC 0, A, or B). Dependent children may be eligible to apply for study permits or visitor records, depending on their age and intended activities in Canada. The ability for family members to accompany the principal applicant significantly enhances the attractiveness of the ICT program.

An Intra-Company Transfer work permit is an employer-specific work permit, meaning the holder is authorized to work only for the Canadian employer specified on their work permit. The permit specifies the employer's name, the location of work (if applicable), and the duration of the permit. While the work permit is tied to a specific employer, it grants the holder full-time work rights in Canada for the specified period. Workers are protected by Canadian labour laws and are entitled to the same workplace rights and conditions as Canadian citizens and permanent residents.

The Intra-Company Transfer work permit itself is a temporary work permit and does not directly lead to permanent residency. However, working in Canada under an ICT permit can contribute significantly to eligibility for various provincial and federal permanent residency programs. Experience gained in Canada under an ICT work permit, especially in managerial or professional roles, can be highly valuable under programs such as:

• Express Entry: Candidates may gain Canadian work experience points under the Comprehensive Ranking System (CRS), particularly if their occupation falls under NOC TEER categories 0, 1, 2 or 3. The one year of continuous full-time work experience in Canada can make an applicant eligible for the Canadian Experience Class (CEC) stream within Express Entry.
• Provincial Nominee Programs (PNPs): Many provinces have streams that nominate individuals with Canadian work experience and job offers. ICT holders may meet the criteria for specific PNP streams after gaining sufficient work experience in the province.
• Quebec Experience Program (PEQ): For those working in Quebec, the PEQ offers a pathway to permanent residency for temporary foreign workers who meet specific criteria, including French language proficiency.

It is important to note that while ICT provides an excellent opportunity to gain Canadian work experience, applicants will eventually need to explore and qualify under a separate permanent residency program to obtain PR status.

Common reasons for refusal of an Intra-Company Transfer work permit application include:

• Lack of Qualifying Relationship: Insufficient evidence to demonstrate a legitimate parent-subsidiary, affiliate, or branch relationship between the foreign and Canadian entities.
• **Failure to Meet