This post is not about how to get work permit under Intra-company transferees (ICT) but this is about if a worker under ICT can relocate / work anywhere in Canada. Before I answer, let’s take the direct example shared below from one of our clients who reached out to me if he can leave Halifax and relocate to another city where his employer wants him to move for their business needs.

 

Please note (if you don’t know already), an ICT work permit is a closed work permit under [R205(a)] (exemption code C12). That’s why you see the conditions as shown above. Among the above conditions, conditions 1- 4 are very straightforward, but the last one seems to be conflicting with the Remark section. I will try to explain as best as possible so that it does not seem to be conflicting anymore.  

The difference between condition 5 of the above condition and the remark section is very sensitive I would say. As per condition 5, the worker CANNOT work other than Halifax, means his primary work location must be in Halifax. So, what’s the meaning of the Remark section? That indicates if the worker needs to work at any other location of the company and/or client, they are authorized to work / visit there as per the business need. But again, that refers to temporary work/visit, not just relocation or changing the primary work location.

If you really want to relocate or change your primary work location, you must go back to IRCC with all the details including the revised offer of employment. Just like the initial application, based on your specialized knowledge, the job situation of that location, your hourly wage etc. will be taken into consideration before IRCC comes back to you saying YES / NO.

Long story short, you simply should not relocate or change your primary work location on your own or by your employer’s direction without IRCC's prior approval. Then you will be breaching the work permit conditions which eventually may lead to work permit revocation.

Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.