Intra Company Transfer

Falling under the International Mobility Program, The Intra-Company transfer (ICT) category allows international companies to temporarily transfer skilled and qualified employees to work in Canada while providing the high-skilled foreign workers with an opportunity to work in Canada temporarily as an Intra-Company Transferee.

If an international company has an office within Canada that company can apply to have any of their employees transferred to the Canada location. Submitting an Application for an Intra-Company Transfer visa facilitates the company and employee to avoid applying for an LMIA since this is an LMIA-exempt work permit. Eligible intra-company transferees require work permits and are exempted from the Labour Market Impact Assessment (LMIA) for the purpose of improving management effectiveness, expanding Canadian exports, and enhancing competitiveness in Overseas markets.

There are a number of requirements the international company and employee must meet up in order to be qualified for a work permit.

General Requirements for an Employee to qualify for an Intra Company Transfer (ICT):

• You must be currently employed by a multi-national company and planning for entry to Canada in a parent, subsidiary, branch, or an affiliate of that company.
• You should be transferring to a company that has a qualifying relationship (see below) and will be undertaking employment at a legitimate and continuing establishment of that company
• You should be transferred to a position in an executive, senior managerial, or specialized knowledge capacity.
• You must be employed continuously (proved through payroll or other form) by the company that plans to transfer you outside Canada in a similar full-time position for at least one year in the three-year duration immediately preceding the date of initial application.
• You must be coming to Canada for a temporary period of time.
• You should be complying with all the immigration requirements for temporary entry

Company Requirements for Intra Company Transfer (ICT):

• Generally, the company should ensure physical premises to house the Canadian operation, particularly in the case of specialized knowledge. However, in particular cases concerning senior managers or executives, it would be acceptable that the address of the new start-up not yet be secured; for example, the company could use its counsel’s address till the executive can purchase or lease a premise.
• The company must furnish credible plans to staff the new operation.
• The company must be financially stable to commence business in Canada and compensate employees.
• When transferring executives or managers, the company must demonstrate that it will be sizeable enough to support executive or management function.
• When transferring a specialized knowledge worker, the company must reveal that it is expected to be doing business; ensure that work is guided and directed by management at the Canadian operation.

Required Documents for ICT Canada:

The following documentation is required:

• Evidence that the foreign national is being employed by a multi-national business outside Canada, and seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise in Canada;
• Proof that the foreign national has been employed (via payroll or by contract) continuously (full-time, not accumulated part-time) by the enterprise outside Canada, in a similar full-time position, for minimum of one year within the three-year period immediately preceding the date of initial application;
• Outline of the applicant’s position in an executive or managerial power or one involving specialized knowledge (i.e. position, title, place in the organization, job description);
• In the case of “specialized knowledge”, proofs that the person has such knowledge and that the position in Canada requires such knowledge;
• Outline of the position in Canada (namely, position, title, place in the organization, job description); indication of intended duration of stay; and
• Description of the relationship between the business in Canada and the organization in the foreign country (the officer may request tangible proof to establish the relationship between the Canadian and foreign organization wishing to make the transfer).

The standard time for the Intra-Company Transfer is between 2 to 10 weeks but there are priority processing options. Those who are eligible for the 2-week processing time will get the Intra-Company Transfer visa in 2 weeks. This priority processing opportunity is for visa-exempt countries only (biometrics processing is not included in these 2 weeks).

The Intra-Company Transfer (ICT) work permit is usually valid for one year. If you wish to renew the work permit through Intra-Company Transfer (ICT) you must provide evidence that:

• The Canadian and foreign companies are still having a qualifying association
• The new office has engaged in the constant provisions of goods or services for the past year
• The new office has been staffed.