Intra-Company Transfer

PROGRAM OVERVIEW

This program allows foreign workers who are employed with a company overseas to work in Canada if the business has a branch or location in Canada or is in the process of setting this up. This program is in place to allow for the movement or workers to facilitate business operations without the requirement of a Labor Market Impact Assessment (LMIA).

PROGRAM REQUIREMENTS

To qualify for an Intra Company transfer, the foreign worker must:

Have minimum one-year full-time work experience at the foreign company.
Provide existing proof showing the linkage between the Canadian business and foreign business as well as between themselves.
Fall into one of three categories: Executives with senior authority and decision making, Senior managers whose principal duties are to manage the business and employees, and workers with specialized knowledge, pertaining to the company’s products, services or possess expertise in a special area.

PROGRAM PRIVILEGES

This work permit facilitates the transfer of workers with specialized experience/skills and allows the worker to be exempt from needing an LMIA to enter Canada. Once the foreign worker has accumulated the necessary work experience, they can also use the work experience gained under this program to qualify and apply for permanent residency through the Canadian Experience Class (CEC) or Federal Skilled Worker Program (FSW), thus being able to stay in Canada permanently.

COMMON TRAPS, PITFALLS AND MISCONCEPTIONS

While everyone’s case and circumstances are different, there are some common traps, pitfalls, and misconceptions when it comes to applying under this program. Here are some general and common ones we have experienced and encountered throughout the years:

Full time employment

The applicant must have been employed continuously for one year at a company within the three-year period immediately preceding the date of initial application. This can’t be accumulated part-time experience; it must be full-time evidenced via payroll or by contract directly with the company. Should there be any breaks in employment, or the work experience was past 3 years ago, then it will not be qualified.

Specialized Knowledge

The position must be for an executive, senior managerial or special knowledge capacity. Specialized knowledge can be hard to define but IRCC considers it to be knowledge that is unique, uncommon and a position in Canada that requires such knowledge. The onus is on the applicant to provide documents as proof that they have specialized knowledge, such as employment letters, job descriptions, or degrees, etc. Officers will assess how your abilities and skills can’t be easily transferred to another worker in the short term and how this would likely not be available in the Canadian labor market. Should there be any questions regarding specialized knowledge positions, we suggest booking a consultation to plan your best options in advance.

Work Permit Maximum Duration

Work permits issued under ICT have a maximum duration for validity for which they can be extended. After your work permit is issued, you can extend however, for executives and senior managers it is up to seven (7) years and for specialized knowledge workers, it is up to five (5) years.

Start-up companies

There are special guidelines for start-up companies in Canada that need to hire worker under the ICT category. If they are hiring a specialized worker, then the start-up must have a physical work location however, for senior managers or executives, then it is fine if there is no physical address yet. The start-up will also need to show proof to the officer that they will establish proper operations, including hiring, business or service deals, and compensation.

OUR VALUE – HOW WE MAKE THIS EASY FOR YOU

We understand that information can be found on the Internet and there are lots of other consultants or lawyers out there, so things can certainly get confusing very quickly for you. However, our value is in our services and how can simplify a sometimes-complicated process while anticipating and proactively making this whole process easy for you, from the start to the end of your immigration journey. We will guide you and provide:

An affordable service with an individualized payment schedule to suit any budget
Comprehensive documents required for the process, including information and tips that can’t be found on the IRCC website
Personalized immigration advice and solutions that are tailored to your case
Collaboration with a licensed immigration consultant who will communicate and represent your case on your behalf
Support and Assistance through every stage of the process, from the application to the arrival in Canada.

FAQ

Q: What types of documents are needed from the companies?

A: You will need to show documents showing the relationship between the foreign company and the company in Canada with the controlling interest being with the parent company. Examples would be articles or certificates of incorporation. You will also need to show the job offer in Canada as well as the employment confirmation that you have been working at the present company.

Q: I’m a worker that has been offered a position with the Canadian subsidiary. This is a big company so there are many managers and people involved. If I use your services, who would the consultant be speaking to?

A: Before we can provide any immigration advice, the applicant will firstly need to sign the retainer agreement. As the applicant will be the one applying for the work permit and is the client, all information and correspondence regarding the file will be supplied to the client and permission will be needed to speak to the company from the worker who is arriving. Any other contacts needed throughout the process will be on a case-by-case basis, but it is recommended as well that the company has a single point of contact to minimize any confusion.

Q: I previously worked in Canada under ICT, but then left Canada to work at an overseas branch for the company for a year. Can I apply for ICT again to work for the Canadian branch?

A: Based on the information provided, yes, you may be able to apply for ICT again. Breaks in Canadian service are considered under ICT provisions.

Q: I was granted a work permit under ICT for one year as a senior manager, however, I spent three months in the year working in my home country. Will this affect my maximum duration?

A: Yes, this may affect it as any time spent not working during the work permit duration, either outside or inside Canada, can be recaptured for the 7-year limit. Note that any periods less than 30 days won’t count towards recaptured time.