Intra-Company Transfer (ICT) Program
Encouraging Entrepreneurial Growth
The Intra-Company Transfer (ICT) program allows international companies to temporarily transfer qualified employees to Canada. This initiative aims to enhance management effectiveness, boost Canadian exports, and improve competitiveness in global markets.
Work Permits and LMIA Exemption:
- Qualified intra-company transferees require work permits.
- They are exempt from the Labour Market Impact Assessment (LMIA) under paragraph R205(a) (exemption codes C61, C62, C63) due to the significant economic benefits they bring to Canada by transferring their expertise to Canadian businesses. This exemption applies to foreign nationals from any country, including those under the General Agreement on Trade in Services (GATS).
- Paragraph R204(a) provides for LMIA exemption code T24 for transferees from countries with free trade agreements (FTAs) with Canada, such as NAFTA.
Eligibility Criteria for Transferees:
- Must be employed by a multinational company and seeking entry to work in a parent, subsidiary, branch, or affiliate in Canada.
- Must transfer to an enterprise with a qualifying relationship and undertake employment at a legitimate and continuing establishment (18–24 months is a reasonable minimum guideline).
- Must be in an executive, senior managerial, or specialized knowledge capacity.
- Must have been employed continuously by the company in a similar full-time position for at least one year in the three years preceding the application.
Company Requirements for Intra-Company Transfers
Physical Premises:
- The company must generally secure physical premises for the Canadian operation, especially for specialized knowledge workers.
- For senior managers or executives, it is acceptable if the address of the new start-up is not yet secured. The company may use its counsel’s address until a premise is purchased or leased.
Operational Plans:
- The company must provide realistic plans to staff the new operation.
- Demonstrate financial capability to start the business in Canada and compensate employees.
Transferring Executives or Managers:
- The company must show that it will be large enough to support executive or management functions.
Transferring Specialized Knowledge Workers:
- The company must demonstrate that it is expected to be actively doing business.
- Ensure that the work is guided and directed by management at the Canadian operation.
Duration of Work Permits:
- Initial Work Permit: One year.
- Renewals: Evidence must be provided that:
- The Canadian and foreign companies still have a qualifying relationship.
- The new office has been continuously providing goods or services for the past year.
- The new office has been adequately staffed.
Documentation Requirements:
- Employment Confirmation: Proof that the foreign national is currently employed by a multinational enterprise outside Canada and is seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise in Canada.
- Employment History: Confirmation that the foreign national has been employed continuously (full-time, not part-time) by the enterprise outside Canada in a similar position for at least one year within the three-year period immediately preceding the initial application.
- Position Outline: Details of the applicant’s position in an executive or managerial capacity or one involving specialized knowledge, including position, title, place in the organization, and job description.
- Specialized Knowledge: For specialized knowledge positions, evidence that the applicant possesses such knowledge and that the position in Canada requires it.
- Canadian Position Outline: Description of the position in Canada, including position, title, place in the organization, and job description.
- Duration of Stay: Indication of the intended duration of stay in Canada.
- Relationship Description: Explanation of the relationship between the enterprise in Canada and the enterprise in the foreign country. The officer may request tangible proof to establish this relationship.
