Intra-Company Transfer (ICT)
The Intra-Company Transfer category permits international companies to temporarily transfer qualified employees to Canada for the purpose of –
- improving management effectiveness,
- expanding Canadian exports, and
- enhancing competitiveness in overseas markets.
Qualified intra-company transferees require work permits and are exempted from the Labour Market Impact Assessment (LMIA) as they provide significant economic benefit to Canada through the transfer of their expertise to Canadian businesses. This applies to foreign nationals from any country.
Requirement for ICT Transferees
Intra-company transferees may apply for work permits if they –
- are currently employed by a company based outside Canada, and are seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that company in Canada
- are transferring to a Canadian company that has a qualifying relationship with the foreign enterprise in which they are currently employed
- are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity
- have been employed continuously by the foreign company for at least one year in the 3-year period immediately preceding the date of initial application.
Requirements for the Canadian company
- 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
- 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, and ensure that work is guided and directed by management at the Canadian operation.
Duration of Work Permits
- Initial work permit is usually granted for one year
- For renewals, evidence should be provided that –
- the Canadian and foreign companies still have a qualifying relationship, and
- the new office has engaged in the continuous provision of goods or services for the past year, and
- the new office has been staffed.
After intra-company transferees 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.
Contact us to know how you can apply for the ICT.