Intra-Company Transfers to Canada

Intra-Company Transfers to Canada

Foreign businesses with a presence in Canada, such as a parent company, branch, subsidiary, or affiliate, now have the opportunity to relocate key personnel of the company and expand the Business to Canada through an Intra-Company Transfer program.

Obtaining an LMIA (Labour Market Impact Assessment) is not required to bring in or transfer employees to Canada under this program.

Eligible Companies:

1. Businesses both within and outside Canada that share a parent, subsidiary, branch, or affiliate relationship.
2. Both companies must be actively engaged in business operations, involving the provision of goods and services continuously.
3. The Canadian company must be operational rather than merely having a physical presence in Canada.

Eligibility for ICT Work Permit:

• Employees eligible for an ICT work permit are currently employed by a multinational company.
• They seek entry to Canada to work in a parent, subsidiary, branch, or affiliate of that company.
• The Canadian company must have a qualifying relationship with the employee’s current employer.
• Employment in Canada must be at a legitimate and ongoing establishment of the company.
• The employee must have been continuously employed in a similar full-time position for at least one year within the preceding three years.
• If the employee worked part-time, additional factors may be considered by IRCC.
• Recent corporate acquisition or merger may waive the one-year employment requirement if certain conditions are met.
• The employee’s entry to Canada must be temporary.
• Compliance with all of Canada’s immigration requirements for temporary entry is necessary.

Visa officers take various factors into account. Additionally, the occupation in Canada must fit into one of the following categories:

1. Executives and Senior Managers:
   • Executive: An employee primarily responsible for directing the management of the enterprise or a significant part of it.
   • Senior Manager: An employee who oversees all or part of the enterprise and supervises or controls the work of other managers or professional staff.
2. Functional Managers:
   • An employee who manages a function crucial to achieving the company’s objectives but may not necessarily supervise employees.

Specialized Knowledge:

An employee who possesses advanced expertise and a proprietary understanding of the enterprise’s products, services, processes, and procedures.

The applicant’s connections to their country of origin.

The purpose of their visit was substantiated with evidence.

The applicant’s family and financial circumstances.

The economic and political stability of the applicant’s home country. An invitation from a host in Canada.

Start-up companies aiming to establish a presence in Canada can utilize the Intra-Company Transfer (ICT) program to bring essential personnel to the country for initiating operations. When applying for an ICT Start-Up visa, applicants must demonstrate their company’s capability to establish itself in Canada by:

Showing the company’s financial ability to cover start-up expenses and employee compensation. Developing a business plan outlining feasible staffing and operational strategies in Canada. Providing evidence of securing physical premises or in the process of securing them. For transferring executives or managers, the company must demonstrate its capacity to support executive or managerial functions adequately. For transferring specialized knowledge workers, the company must show anticipated business activity and ensure that work is overseen by management within Canada.

The ICT Start-Up program offers a one-year temporary work permit, renewable if the companies maintain a qualifying relationship and remain actively engaged in business. Additionally, the new Canadian operations must be appropriately staffed.