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Intra-Company Transfers to Canada: Business Relocation

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by Kathy Watkins

Intra-Company Transfers to Canada

International companies with operations in Canada, such as a parent company, branch, subsidiary, or affiliate, can relocate key employees to Canada through an Intra-Company Transfer. This process allows companies to bypass the labor market impact assessment usually required by Canadian authorities.

Understanding Canada’s work permit landscape can be challenging, but we’re here to simplify it for you. Immigration to Canada is a top-tier immigration law firm with over 45 years of dedicated experience in Canadian immigration processes.

By utilizing intra-company transfers, businesses can ensure that their valuable personnel are seamlessly integrated into Canadian operations without unnecessary hurdles. Our vast experience ensures a smooth transition for both employers and employees alike. 

Intra-Company Transfers

Eligibility for an Intra-company Transfer (ICT) Work Permit in Canada

At Immigration to Canada, companies aiming to transfer employees can apply for an Intra-company Transfer (ICT) work permit under specific conditions: 

Employees looking to obtain an ICT (Intra-Company Transfer) work permit through Immigration to Canada can apply if they meet specific criteria:

  • For those with part-time employment, Immigration, Refugees and Citizenship Canada (IRCC) may take into account factors such as overall years of experience with the foreign company, the similarity between current and Canadian job positions, the part-time role’s extent, and whether there are any signs of trying to misuse the ICT permit system.
  • In cases of recent mergers or acquisitions, the one-year employment rule may be waived if the employee has previously worked for any affiliates for at least a year within the previous three-year period. The new corporate entity must show that it has assumed all interests, obligations, assets, and liabilities of the original company and operates the same line of business. 

Furthermore, the Canadian job must be in one of three specific functions related to intra-company transfer roles. 

Immigration to Canada: Key Roles and Expertise

Executives and Senior Managers

Executives: These professionals are responsible for leading the overall management of the company or a major division. They play a critical role in setting strategic direction and ensuring the enterprise's success.

Senior Managers: These individuals oversee entire sections or critical parts of the business. They have control over the work of other managers and skilled employees, ensuring that projects align with the organization's objectives.

Functional Managers

Employees occupying this role manage a vital function that aligns with the company's strategic goals. However, they may not necessarily be in charge of managing other employees directly.

Specialized Knowledge Workers

These employees possess advanced expertise and a deep understanding of the company's unique products, services, processes, and procedures. Their specialized knowledge is invaluable for the firm's operations and development.

ICT Work Permits for Start-Up Ventures in Canada

Immigration to Canada assists foreign companies in setting up their businesses through the Intra-Company Transfer (ICT) program. This program allows essential personnel to relocate to Canada for start-up operations. For a successful application for an ICT Start-Up visa, the company must prove its potential to establish operations in Canada. This includes:

The ICT Start-Up program offers a temporary work permit valid for one year, which can be renewed if the company maintains a qualifying relationship and continues its business activities. Additionally, the Canadian branch must be staffed and operational. 

Intra-Company Transfers

Essential Criteria for Multinational Enterprises

Applicants meeting these conditions can apply for a work permit exempt from the LMIA requirement. Depending on the applicant’s nationality and place of residence, work permit applications can be submitted online, at a Visa Application Center (VAC), or at a Canadian Port of Entry (POE).

Using these guidelines, Immigration to Canada aims to streamline the process for eligible foreign nationals seeking to expand their career opportunities by working in Canada.

FAQ
What is an Intra-Company Transfer (ICT) to Canada?

An Intra-Company Transfer (ICT) allows multinational companies to bring key employees to their Canadian branches from a foreign operation. This program facilitates the transfer of personnel with specialized knowledge or managerial experience to ensure the Canadian entity benefits from their expertise without disrupting business operations.

Who is eligible for an Intra-Company Transfer?

To qualify for an ICT, the employee must have been employed continuously by a related company abroad for at least one year within the last three years and must be coming to Canada to work in a similar capacity. The three main categories eligible for ICTs are executives, managers, and those with specialized knowledge.

Does an Intra-Company Transfer require a Labour Market Impact Assessment (LMIA)?

No, Intra-Company Transfers are exempt from requiring a Labour Market Impact Assessment (LMIA). This exemption is part of Canada's international commitments under free trade agreements, which aim to facilitate the temporary entry of specific workers.

What documents are needed to apply for an ICT work permit?

The essential documents needed for an ICT work permit application include proof of the qualifying relationship between the Canadian and foreign entities, a detailed job description, evidence of the employee’s experience and qualifications, and proof of employment with the foreign company, such as pay stubs or tax documents, showcasing that they have been employed for at least one year out of the last three years.

How long can an individual stay in Canada on an ICT work permit?

The initial duration of an ICT work permit can be up to three years, depending on the position, with the possibility of renewals. Executives and senior managers may renew their permits for up to seven years, while those with specialized knowledge can renew for up to five years.

Can family members accompany an Intra-Company Transferee to Canada?

Yes, family members can accompany the transferee to Canada. Spouses or common-law partners of ICT work permit holders are typically eligible to apply for open work permits, allowing them to work for any employer in Canada. Dependent children can study in Canada without requiring a separate study permit.

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