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Intra Company Transfer (ICT)

High-skilled foreign employees can temporarily work in Canada via a scheme known as the International Mobility Program, or ICT Canada, which permits them to be Intra-Company Transferees. If a foreign corporation has a location in Canada, it may request the transfer of any of its workers to the Canadian office. Since this is a work permit that is exempt from the LMIA, both the employer and the employee can avoid applying for one by requesting an intra-company transfer visa. Work permits are necessary for qualified intra-company transfers, however they are excluded from the LMIA (LMIA). By imparting their knowledge to Canadian companies, they provide substantial economic advantages for Canada.

Requirements for International Mobility Program: Intra Company Transfer (ICT)

To qualify for a work permit, the overseas business and employee must fulfill a number of standards.

General Requirements

The following are the General Requirements to qualify for an Intra Company Transfer:

  • You are currently employed by an international company and seeking entry to Canada in a parent, subsidiary, branch, or an affiliate of that company.
  • You are transferring to a company that has a qualifying relationship (see below) and will be undertaking employment at a legitimate and continuing establishment of that company
  • You are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity.
  • You have been employed by the organization that intends to transfer them outside of Canada consistently (proven by payroll or another form) in a comparable full-time capacity for at least one year in the three years immediately before the date of first application.
  • You are coming to Canada for a temporary period only.
  • You comply with all the immigration requirements for temporary entry

Company Requirements for Intra Company Transfer

  • Generally, the company must secure physical premises to house the Canadian operation, particularly in the case of specialized knowledge. However, in specific cases involving senior managers or executives, it would be acceptable that the address of the new start-up not yet be secured; for example, the company may use its counsel’s address until the executive can purchase or lease a premise.
  • The company must furnish realistic plans to staff the new operation.
  • The company must have the financial ability to commence business in Canada and compensate employees.
  • When transferring executives or managers, the company must
  • Demonstrate that it will be large enough to support executive or management functions.
  • When transferring a specialized knowledge worker, the company must
  • Demonstrate that it is expected to be doing business.
  • Ensure that work is guided and directed by management at the Canadian operation.

Required Documents for ICT Canada

The following documentation is required:

  • Confirmation that the foreign national is currently employed by a multinational enterprise outside Canada, and seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise in Canada.
  • Confirmation that the foreign national has been employed (via payroll or by contract) continuously (full-time, not accumulated part-time) by the enterprise outside Canada, in a similar full-time position, for at least one year within the three-year period immediately preceding the date of initial application.
  • Outline of the applicant’s position in an executive or managerial capacity or one involving specialized knowledge (i.e., position, title, place in the organization, job description).
  • In the case of “specialized knowledge”, evidence that the person has such knowledge and that the position in Canada requires such knowledge.
  • Outline of the position in Canada (namely, position, title, place in the organization, job description) and indication of intended duration of stay; description of the relationship between the enterprise in Canada and the enterprise in the foreign country.

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