Intra-company Transferee Work Permit – ICT Canada

Intra-company Transferee Work PermitReyansh is a citizen of India. He works as the Chief Technology Officer for a multi-national company in India. In fact, Reyansh’s company holds multiple offices in India, an office in Belgium, and two offices 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 highly depends on the 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 in Canada temporarily. 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:

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

  1. Trade agreements [R204(a)], such as
    • NAFTA a.k.a USMCALMIA exemption code T24
    • CETA – LMIA exemption code T44
    • Chile-Canada FTA – LMIA exemption code T24
    • Peru-Canada FTA – LMIA exemption code T24
    • Colombia-Canada FTA – LMIA exemption code T24
    • Korea-Canada FTA – LMIA exemption code T24
  2. Canadian interests [R205(a)]
    • General Agreement on Trade in Services (GATS) – LMIA exemption code C12
    • Other countries – LMIA exemption code C12

Qualifying businesses for Intra-company transferee

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

  • Enterprise: An entity that could be for-profit or not-for-profit. Thus, this entity could be in the form of a sole proprietorship,  joint venture, trust, partnership, corporation or other similar legal formats. Regardless, the applicable laws must recognize the enterprise.
  • Parent company:  If an enterprise owns one or more subsidiaries, it could be a parent company.
  • Subsidiary:  If the parent company owns at least 50% of an entity, then the entity is a subsidiary of the parent company. Regardless, in joint-ventures, the parent company must have the veto power over the entity.  Of course, sometimes, the parent company owns less than half of the subsidiary. However, in these situations, the parent company must control it.
  • Branch: The branch of a company entirely belongs to the company but has a different address.
  • Affiliate: If an entity or the parent company owns two subsidiaries, then each of them is an affiliate.

I tried to simplify the explanations. Consequently, make sure to consult other sources for official definitions. Nonetheless, keep in mind that 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 which 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 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, whether the officer issues a one-year or a three-year work permit, you may later ask for an extension. 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.

Circumstances Maximum
Initial  Permit
Maximum Extension
Duration
Management positions for a start-up in Canada one year seven years
Management positions for an existing and active company in Canada three years seven years
Specialized jobs for a start-up in Canada one year five years
Specialized jobs for an existing and active company in
Canada
three years five years

 

There is no doubt the ultimate say is by the officer who reviews the case. Regardless, make sure to include convincing documents to receive the duration you expect.

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:

Documents for intra-company transferee work permits

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

  • You need to show the enterprise is legitimate in terms of the size of the operation, 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 the Canadian immigration laws

Of course, the employee must be admissible to Canada.

If you wish to visit or move to Canada, please fill out our free assessment form. We will review the form for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.

Al Parsai, MA, DTM, RCIC
Regulated Canadian Immigration Consultant
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada

 

Disclaimer:
This article provides information of a general nature only. It may no longer be current. It does not give legal advice. Do not rely on it as legal advice or immigration advice. We cannot be held responsible for the content of these articles. If you have specific legal questions, you must consult a lawyer. If you are looking for immigration advice, book an appointment. All the characters in the articles are fictional, unless otherwise clearly stated. Any resemblance in names, dates, and places (whether individuals, organizations, regions, or countries) is coincidental.

Related Posts

Can I immigrate by buying a property in Canada?

Oct 26, 2020

Can I move out of province after PNP?

Oct 23, 2020

Canada published the list of approved educational institutions for in-person studies

Oct 21, 2020

How can I resolve inadmissibility to Canada?

Oct 20, 2020

Al Parsai

Al Parsai is a Regulated Canadian Immigration Consultant (RCIC) in Toronto, Canada. He also teaches the official immigration consulting courses at Ashton College in Vancouver, Canada. Al who holds a Masters degree from Yorkville University is a member of ICCRC and CAPIC organizations. Al, the CEO of Parsai Immigration Services, has represented hundreds of applicants from more than 30 countries to the immigration authorities since January 2011.