The Intra-Company Transferee (ICT) Program enables multinational corporations to relocate their employees to their parent company, branch, subsidiary, or affiliate operations in Canada. Employees entering Canada through the ICT Program must obtain a work permit, which can be secured through exemption from Labour Market Impact Assessment (LMIA) requirements under exemption code C-12. This LMIA exemption streamlines the ICT process, making it faster and less complicated compared to standard LMIA work permit applications. The primary objective of the ICT Program is to facilitate temporary transfers of qualified personnel to Canada for enhancing management efficiency, expanding Canadian export capabilities, and strengthening competitiveness in international markets.
The following criteria must be satisfied for an intra-company transferee to apply for a work permit under the ICT category:
Foreign workers must currently be employed by a multinational company and seeking to work in an enterprise in Canada that maintains a parent company, subsidiary, branch, or affiliate relationship with that multinational foreign company. They will undertake employment at a legitimate and continuing establishment of the foreign company, where 18-24 months serves as a reasonable minimum guideline. This requirement does not apply to start-up companies.
The ICT Program also mandates that foreign workers have been employed continuously by the foreign company in a full-time position for at least one year within the three years immediately preceding the date of initial application. It should be noted that full-time work experience with a foreign company is not always mandatory, because Immigration, Refugees and Citizenship Canada officers may consider other relevant factors before refusing the application solely on this basis.
Foreign workers must be transferred to a position in an executive, senior managerial, or specialized knowledge capacity at a permanent and continuing establishment of the foreign company in Canada for a temporary period.
Executive and managerial capacities signify that holders of such positions plan, organize, direct, or control the activities of a business or a division of a business, either independently or through middle managers. They are frequently responsible for implementing the policies of a business.
Directing the management of the organization or a major component, establishing goals and policies, exercising wide latitude in discretionary decision-making, and receiving only general supervision or direction from higher-level executives, the board of directors, or stockholders.
Managing the organization, department, subdivision, function, or component, supervising and controlling the work of other supervisory, professional, or managerial employees, possessing authority to hire and terminate employees or recommend such personnel actions, and exercising discretion over the day-to-day operations.
Functional managers in the ICT context manage an essential function within the company but do not necessarily manage staff. The essential function generally means a function that is indispensable or crucial to achieving the organization’s goals. A functional manager must operate at a senior level within the organization or within the function managed and have discretion over the day-to-day operations of the function. Supporting factors may include: having a senior position in the company hierarchy, significant professional experience and qualifications, and responsibility for decisions affecting the company’s core operations.
For an applicant to qualify for specialized knowledge worker exemption, they must possess both knowledge at an advanced level of expertise and proprietary knowledge of the company’s product, service, research, equipment, techniques, or management. Elements that may assist officers in their assessment include: occupation (NOC code), education, duration of experience, training, duration of the job offer, and prevailing wage level.
IRCC considers specialized knowledge to be knowledge that is unique and uncommon, held by only a small number or percentage of employees within a given firm. Specialized Knowledge workers must therefore demonstrate that they are key personnel, not merely highly skilled. The onus is on applicants to provide evidence meeting this standard. Documentary evidence may include: detailed descriptions of proprietary processes, evidence of specialized training programs, documentation of unique methodologies developed by the company, and proof of involvement in proprietary projects.
Foreign workers must be transferring to an enterprise in Canada that maintains a qualifying relationship with the foreign enterprise where they are currently employed. The Canadian and foreign enterprises must be legal entities with a parent, subsidiary, branch, or affiliate business relationship. Both the Canadian and foreign companies must be, or will be, conducting business.
For a foreign worker to be granted a work permit under the ICT Program, an employer-employee relationship with the Canadian branch must exist. The employer’s right to order and control the employee in performing their work is an essential element in determining the qualifying relationship. While full-time employment by the Canadian branch is anticipated, there is no requirement that the foreign national perform full-time service in Canada. An executive, for example, could divide normal working hours between offices in Canada and the United States. There is no requirement that the foreign national be paid from the Canadian entity, although this is usually the case.
Generally, initial work permits issued under the ICT program are for a one-year period, particularly for start-up companies. However, these work permits can be renewed up to a maximum of 7 years for executives or managers and 5 years for specialized knowledge workers, provided that the qualifying relationship continues and the company remains actively in business.
Upon reaching the maximum work permit duration (7 years for executives and managers, and 5 years for specialized knowledge workers), intra-company transferees must complete one year of full-time employment in the company outside Canada if they wish to re-apply as an intra-company transferee. For expert assistance with your ICT application, consult with our experienced immigration lawyers who specialize in Canadian work permits and business immigration matters.
