Intra-company Transferee Work Permit – ICT Canada

Reyansh is an Indian citizen who works as the Chief Technology Officer for a multi-national company in India. His company has multiple offices in India, one in Belgium and two in Canada. Consequently, they intend to transfer him to Canada to expand their North American business. Reyansh wants to work in Canada for two years. However, he wonders if he qualifies for an intra-company transferee work permit (ICT).

A progressive economy depends heavily on a qualified workforce and foreign investment. Therefore, Canada encourages multi-national businesses to invest in our country. Of course, the government also allows some key employees of those countries to work temporarily in Canada. Such arrangements enable foreign businesses to grow in Canada. Inevitably, they will contribute to our economy and hire Canadians.

The basics of the intra-company transferee (ICT) program

Generally speaking, ICT facilitates LMIA-exempt work permits. Of course, if you are not familiar with these concepts, consider reading the following articles first:

• LMIA Process and Types
• Work in Canada without an LMIA (Labour Market Impact Assessment)
• Who is a Temporary Foreign Worker?
• Three Steps to Work in Canada

ICT covers certain foreign workers under one of two main categories:

1. Trade agreements [R204(a)], such as
   • NAFTA, a.k.a CUSMA – LMIA exemption codes T37 & T38
   • CETA – LMIA exemption codes T41, T42, and T44
   • Chile-Canada FTA – LMIA exemption codes F23 & F24
   • Peru-Canada FTA – LMIA exemption codes F53 – F55
   • Colombia-Canada FTA – LMIA exemption codes F13 – F15
   • South Korea-Canada FTA – LMIA exemption codes F33 – F35
   • CPTPP – LMIA exemption codes T51, T54, and T55
   • UK-Canada – LMIA exemption codes F61 – F63
2. Canadian interests [R205(a)]
   • Other countries – LMIA exemption code C61 – C63

Qualifying businesses for Intra-company transferee

A qualifying business under ICT is a multi-national enterprise with a subsidiary, branch, parent, or affiliate in Canada. Hence, consider the following definitions:

• Enterprise: An entity that can be either for-profit or not-for-profit. It may take various legal forms, such as a sole proprietorship, partnership, corporation, joint venture, trust, or other recognized legal formats, subject to applicable laws.
• Parent company: A company that controls one or more subsidiaries, effectively controlling their operations and management.
• Subsidiary: A company controlled by a parent company, typically through ownership of more than 50% of its voting rights, although control can also be exercised through management or operational influence.
• Branch: A part of a company operating at a different location but not as a separate legal entity and functioning under the same legal framework as the parent company.
• Affiliate: A company related to another by common ownership or control, where one company may own a significant but non-majority stake in another, or both are controlled by a third entity.

I tried to simplify the explanations. Consequently, make sure to consult other sources for official definitions. Nonetheless, owning a branch or subsidiary in Canada is not good enough. The enterprise needs to be an active entity with a good track record. Nonetheless, depending on the LMIA exemption codes, the expectations of the officers could vary.

Qualifying employees for Intra-company transferee

A qualifying employee for ICT must have worked for the enterprise for at least one year in the past three years. Of course, the immigration authorities expect a full-time position in one of the following roles:

• Executives: jobs such as the Chief Executive Officer (CEO), the Chief Financial Officer (CFO), the Chief Technology Officer (CTO), etc.
• Senior managers: positions that manage several employees of the company (excluding front-line or junior managers)
• Functional managers: people who may not supervise other employees but work at a senior level and are essential in the directions the business takes
• Specialized knowledge workers: employees who have been with the company for a few years and have access to critical skills that an outsider, regardless of their abilities, do not know

Just like before, these are loose definitions. Of course, the devil is in the details. You need to consult with a professional to make sure a position could qualify for the Intra-company Transferee (ICT) work permit.

The intra-company transferee and the validity of the work permit

The officers usually issue a one-year work permit for each applicant. However, depending on the circumstances, the initial work permit could be valid for up to three years. Of course, you may later ask for an extension if the officer issues a one-year or three-year work permit. Nonetheless, the maximum duration you may receive such work permits is seven years for management positions and five years for specialized workers. Hence, the following table better explains the potential validity of ICT work permits.

There is no doubt the ultimate say is by the officer who reviews the case. Regardless, ensure to include convincing documents to receive the expected duration.

Where to apply for an intra-company transferee work permit

Everyone may apply for a work permit from outside Canada. However, if you want to apply at a port of entry or while inside Canada, read the following articles first:

• Apply for Work Permit In Canada
• Apply for Work Permit at the Port of Entry
• Flagpoling Work Permit Canada

Documents for intra-company transferee work permits

The exact document checklist depends on the applicant’s nationality, the LMIA exemption code and many other factors. However, consider the following:

• You need to show the enterprise is legitimate in terms of the operation’s size, the ability to hire an employee in Canada, etc.
• The employee must meet all the requirements expected by ICT
• The whole process must not be a scheme to undermine Canadian immigration laws.

Of course, the employee must be admissible to Canada.