ICT Immigration Program

Transfer Key Employees to Your Canadian Business

Overview

The Intra-Company Transfer (ICT) program is a strategic pathway designed to help businesses transfer skilled employees from their foreign offices to their Canadian branches. This program enables companies to bring their expertise, innovation, and leadership to Canada, fostering economic growth and international business development.

Official Definition

Foreign nationals can also apply to enter Canada to work with a work permit under the International Mobility Program (IMP) as intra-company transferees (ICT) (R205(a); R204(a)). These workers must be employed by the sending organization, which is affiliated with the host organization. There are two main streams within ICT: 1) executive/manager, and 2) specialized knowledge workers. For the latter, the individual must prove that they possess advanced proprietary knowledge and an advanced level of expertise.

Benefits of the ICT Program

Expedited Processing: The ICT program offers a streamlined application process, ensuring quick transfer of employees.
Work Permit: Transferred employees receive work permits, allowing them to live and work in Canada for the duration of their assignment.
Business Expansion: Facilitates the establishment of new Canadian offices, enabling international companies to expand their footprint in North America.
Talent Mobility: Provides opportunities for companies to leverage their global talent and enhance operations in Canada.
Pathway to Permanent Residency: Offers a potential route to permanent residency for transferred employees and their families.

Key Qualifications for ICT Classification

Employment Status: The employee must currently be employed by a multinational company outside Canada.
Duration of Employment: The employee must have been continuously employed full-time for at least one year in the preceding three years in a similar position with the Duration of Employment: The employee must have been continuously employed full-time for at least one year in the preceding three years in a similar position with the foreign entity (parent company, subsidiary, branch, or affiliate).
Managerial Position: Involves managing the organization, a department, subdivision, function, or component of the organization; supervising and controlling the work of other supervisory, professional, or managerial employees; having the authority to hire and fire or recommend those as well as other personnel actions; exercising discretion over the day-to-day operations of the activity or function for which the employee has authority. These positions can be clarified as follows:
1. Executive Position: Involves directing the management of the organization or a major component or function of the organization; establishing the goals and policies of the organization, component, or function; exercising wide latitude in discretionary decision-making; and receiving only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
2. Specialized Knowledge Position: Involves specialized knowledge that is essential to the company's operations in Canada, not generally available in the Canadian labor market. This can include proprietary knowledge of the company’s product, service, research, equipment, techniques, management, or other interests.
3. Relationship Between Entities: There must be a qualifying relationship between the foreign company (where the employee is currently employed) and the Canadian entity (where the employee will be transferred), such as subsidiary or affiliate relationship.
Purpose of Transfer: The employee’s transfer to Canada must be for the purpose ofproviding services that are essential to the Canadian entity’s operation,including establishing a new office or performing managerial or executiveduties.

Eligibility Criteria

To qualify for the ICT program, both the employee and the company must meet specific criteria:

For the Employee:

Must be currently employed by a multinational company.
Must have been employed continuously (full-time) for at least one year in the preceding three years in a similar position with the foreign branch.
Must hold a managerial, executive, or specialized knowledge position.
Meet all regulatory requirements for temporary residents of Canada.

For the Company:

Must be a legitimate and functioning multinational company with a qualifying relationship between the Canadian and foreign entities (parent, subsidiary, branch, or affiliate).
Must demonstrate the capacity to support the employee and the intended work in Canada.
Must hold a managerial, executive, or specialized knowledge position.
Must provide evidence of doing business in Canada.

Application Process

Initial Assessment: Evaluate if the employee and the company meet the eligibility criteria.
Gather Documentation: Collect necessary documents, including proof of employment, business relationships, and detailed job descriptions.
Submit Application: Prepare and submit the application to the relevant Canadian immigration authorities.
Processing and Approval: The application will be processed, and upon approval, the employee will receive a work permit.
Relocation: Upon receiving the work permit, the employee can relocate to Canada and start their assignment.

Supporting Documents:

For the Employee: Resume, employment contract, proof of employment history, and job description
For the Company: Business registration documents, proof of relationship between the foreign and Canadian offices, financial statements, and a business plan.

Potential to obtain PR:

Even though ICT provides a temporary status in Canada, many professionals and managers are considering this step as the first one in the direction of Permanent Residency. It is strongly advisable to assess all potential paths of transition to PR before ICT is seriously considered. While some young professionals may find themselves suitable for Express Entry, the majority of ICT candidates opt for such reliable business avenues as Start-Up Visa and some other PNP programs.

Frequently Asked Questions (FAQs)

How long does the ICT work permit last?

The initial work permit is typically issued for one to three years and can be extended, depending on the nature of the assignment.

Can family members accompany the transferred employee?

Yes, family members of the transferred employee can accompany them to Canada. Spouses may be eligible for an open work permit, and children can attend school.

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ICT Immigration Program

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