Intra-Company Transfers (ICT)

The provisions for allowing highly skilled foreign people to work temporarily in Canada as intra-company transferees are outlined in the International Mobility Program of Canada. A foreign person working for a multinational corporation may be qualified to transfer to one of the company's locations in Canada with the use of an LMIA-exempt work visa. In all nations, the intra-company transferee rule is applicable.

With an intra-company transfer (ICT), multinational corporations that have parent, branch, subsidiary, or affiliate companies in Canada may be able to shift staff there without first completing a labor market impact assessment (LMIA).

ICT licenses can initially be used for three years. After then, specialized knowledge holders can renew for a further five years, while executives and senior managers can renew for a further seven years.

General Requirements for the Employee

  • Must be an employee for a global corporation looking to settle in Canada to work at a parent, subsidiary, branch, or affiliate of the organization.
  • The applicant must be looking for employment at the executive, senior managerial, or in a position requiring a specialized expertise level in Canada.
  • Within the previous three years, the applicant must have been employed by the business full-time for at least a year.
  • Additionally, they must meet all immigration conditions for the temporary entrance and have the express intent to just temporarily reside in Canada.
  • Even if the transferee hasn't had any full-time job experience with the organization, it could still be feasible to get an ICT. Officers of immigration may take into account the applicant's total number of roles held inside the organization or the number of years of part-time work experience they have seen.

Transferee Requirements for the International Company

  • One of the following relationships must exist between the foreign-based company and the domestic company: parent, subsidiary, branch, or affiliate.
  • The two organizations must be conducting trade. Only businesses that are based in Canada are qualified to benefit from ICT work permits. A demand exists for goods and services in both Canadian and foreign regions. It is insufficient to merely have a physical presence or office in Canada.
  • To staff its new operation in Canada, a start-up must be able to present a concrete and practical plan. They must have the financial resources necessary to launch and run the business, as well as pay staff.

Note: Anyone who meets the prerequisites listed above is qualified to apply for a work permit that is exempt from the LMIA. Applications for work permits may be submitted at a Canadian Port of Entry (POE), at the proper Visa Application Centre (VAC), online, or in person, depending on the resident's citizenship and country of residency.

There are, however, some exceptions made for start-ups. If a company is trying to transfer a senior manager or executive, Immigration, Refugees and Citizenship Canada (IRCC) may acknowledge that the start-up address is not secured yet, and the company may be allowed to use its lawyer’s Canadian address until a location is leased or purchased.

In many instances, a worker is transferred because of their specialized knowledge. If this is the case, the company needs to make sure that the employee is directed by management at the Canadian branch instead of being overseen from abroad.