The Intra-company transfer (ICT) program allows international companies to transfer their employees to Canada in order to expand the business, improve management efficiency and strengthening competitiveness in foreign countries.

The ICT program allows multinational company to send senior management to a Canadian branch, subsidiary or affiliate and obtain an Work Visa through this program without being assessed by the Ministry of Labour, and the transferees are exempted from the Labour Market Impact Assessment (LMIA) under the Immigration and Refugee Protection Act (IRPA) regulation R205(a) (exemption code C12); since these transferees will provide significant economic benefit to Canada under this program.  For applicants who are from Free Trade Agreement countries; like Columbia, Chile, South Korea, UK and etc., which also allows them to apply this ICT program under R204(a) with LIMIA exemption. The ICT visa holder after working in Canada over 12 months, the transferee can apply for permanent residence through provincial nomination or skilled immigration programs.

Under the ICT program, there are three main types of transferees:

• Business owners and executives: entrepreneurs who are planning to expand their business to Canada, either as sole owners, partners or shareholders of the overseas mother company.
• Senior Administrative or Functional Manager: who is primarily responsible for directing the management of the business or its major components.  They are also responsible for operations within the organization, a department, or a division.
• Expertise Key Personnels: Employees who have expertise in the products or services of the business or a high level of expertise in the processes and procedures of the business.

Generally, the above first 2 categories are for executives and managers who requires to plan, organize, direct, or control the business, or a division of the business as to formulate policies and establish the direction to the Canadian business. Also, the one who has the authority to hire and dismiss authority.

As for the above 3rd categories, the transferee has to proof he/she has the specialize knowledge which is uncommon and at an advanced level of expertise, and special knowledge of the company’s service, techniques or product.  For specialized knowledge applicants, the new position in Canada should be similar to the position in the mother company or higher.

Wages for ICT transferees

One important area, the wages, salary, and compensation to the ICT transferees, is recommended to match the median wage range in the specified provincial location to that specific position of transferees.  Non-cash allowances like hotel and travelling expenses are not to be included in the overall salary or wage.

Requirements for ICT Applicants

• Currently working for an overseas multinational corporation and assigned by the company to a parent, subsidiary, branch, or affiliate company in Canada
• The assigned employee's position is in senior management; or has special skills or knowledge
• The assigned employee, in the past 3 years, has been working at full-time for with at least 1 year with the overseas company in the past 3 years

Requirements for Overseas Parent Companies

• Financially sound and capable of supporting the Canadian new business
• Overseas (parent) company must have been in business for at least 12 months
• Parent company’s business must be in active
• Demonstrate last year turnover at least CAD 300,000

Requirements for Canadian Companies

• Ideal investment with liquid funds of at least CAD 300,000
• Create jobs for local Canadians
• Obtain a physical premises for business operation
• Prepare a feasible and thorough business plan for the new Canadian company
  

Proof of Qualifying Relationship – between Overseas Mother Company and Canadian Company

• The new Canadian company and the overseas mother company must maintain the relationship of parent, subsidiary, affiliated or branch companies.  If the overseas mother company discontinue in such relationship, then the ICT work visa holders are not qualified to work for the new Canadian company anymore.  Once if the overseas mother company change name, the Canadian company should update the data with Immigration, Refugee and Citizenship Canada (IRCC)

If Canadian Company Changes Name and Corporate Restructure

• If the Canadian company only change business name or address, and no change in the structure of the company; or no change in Canadian Revenue Agency (CRA) business number, then the employer will be considered as the same employer.  If there are restructurings like; acquisition, mergers and consolidations and contractions, then the new Canadian organization should contact IRCC and request the CRA to issue a correct business number.  If change in ownership structure, and the new business is a successor in interest, then the transferee is not required to obtain a new work visa; instead, transferees is authorized to work in Canada until the time which work visa specified.

ICT Work Visa Application Steps:

For the employee

• Passport copies
• Resume
• Digital photo
• Past record of employment
• Employment contract with the Canadian Employer
• Medical exam certificate
• Police certificate (if required)
  

For the Employer

• Find a premises for your Canadian business
• Incorporate a new business in Canada.
• Open a Canadian business bank account.
• Prepare a thorough and realistic business plan.
• Apply for Federal, Provincial or City licenses for your business.
• Search the National Occupational Classification (NOC) code which corresponds to applicant’s Job duty.  You may use the NOC 2021 version
• Submit applicant’s NOC no. in Employer Portal; and obtain a LMIA-exempt code.  You will receive the code number in ONE day.
• Submit a work permit application to Immigration, Refugee and Citizenship Canada (IRCC) with the LMIA-exempted code.

Maximum Duration of Work Permit

For initial work permit, usually is a one-year visa, for renewals:

• For executives and Managers:  total maximum stay does not exceed 7 years
• For Special knowledge worker total maximum stay does not exceed 5 years

Application Processing Time

• The Work permit application process generally takes around 8-12 weeks. IRCC also accepts application in Port of Entry (POE) for Electronic Travel Authorization (ETA) visa holders.
  ICT visa allows transferees to apply Permanent Residence through Provincial Nomination Program (PNP) or Federal Worker Express Entry Program (EE).  ICT transferees may increase their Comprehensive Ranking System (CRS) by 50 or 200 points, thus enhancing the applicant being selected in the Federal Skill Worker Program (Express Entry) i.e., in the EE pool.
  The visa holders also have many other options, such as through the Provincial Nominee Program (PNP), many of which require less language proficiency from applicants. After obtaining permanent residency, applicants can apply for Canadian citizenship after they have lived in Canada for a certain amount of time.

New ICT after maximum duration of stay:

• After ICT transferees reach the maximum duration of stay, these transferees have to return to their mother company; continue to work full time for at least one year, before they re-apply a new ICT work visa.

ICT transferees’ dependent:

• Spousal dependents of the transferees are eligible for Open Work Permit, which allow them to be work in Canada with any employer. Minor dependents are eligible for a dependent visa and allow them to study in any public school.

Key Fact for ICT transferee Visa:

• The visa holder must work for the employer which specified in the work permit. If the transferee wants to work for a new employer, they must apply for LMIA approval decision before working for a new employer inside Canada.

Related Topics: Canada Intra-Company Transferee (ICT) | English Level Self-Assessment for Canada Immigration

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