Intra Company Transferee (ICT) is one way for foreign companies that have a parent firm, branch, subsidiary, or affiliate in Canada to bring in critical individuals. Employers can move workers to Canada without having to take the labor market assessment administered by the Canadian government. This whole process is assessed under [R205(a)] (exemption code C12) *

Intra-company transferees may apply for work permits under the general provision if they

·        are currently employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise.

·        are transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18–24 months can be used as a reasonable minimum guideline);

·        are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity.

·        have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application. Extensions may be granted up to the five- and seven-year maximums referred to in the section Breaks, recaptured time and duration of work permit limit below and in the section on the categories of work with validity periods which may not be exceeded. Documented time spent outside Canada during the duration of the work permit can be “recaptured” to allow the intra-company transferee five or seven full years of physical presence in Canada.

·        are coming to Canada for a temporary period only.

·        comply with all immigration requirements for temporary entry.

Requirements for the company when assessing start-up companies.

·        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 if 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 function.

·        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.

Eligibility criteria applicable to both the senior managerial and specialized knowledge categories

In the context of a recent corporate acquisition or merger, it is not a requirement that the applicant has worked for the named sending company for a year provided that the applicant has been working for one of the affiliates for at least one year in the previous three years as long as the new “successor entity” can demonstrate that it has assumed the interests and obligations, assets and liabilities of the original owner, and continues to operate the same type of business as the original owner.

Intra-company transferee duration of work permit limit

After ICT work permit holders have reached their maximum work permit duration (seven years for executives and senior managers, and five years for specialized knowledge workers), they must complete one year of full-time employment in the company outside Canada if they wish to re-apply as an intra-company transferee.

Please note that this entire article was prepared from the IRCC website.  

[R205(a)] (exemption code C12) *