Intra-Company Transferees Work Permit (ICT)

The LMIA-exempt pathway allows companies to transfer key personnel to their Canadian operations, fostering economic growth and global talent mobility. The ICT program is governed by specific provisions of the Immigration and Refugee Protection Regulations (IRPR), primarily under international agreements and Canadian interests for significant benefit. Below, we provide a comprehensive overview of the ICT program, covering eligibility, requirements, and benefits under both streams, with a focus on selected international agreements (CUSMA, CETA, and GATS) and the Canadian interests pathway.

Understanding the ICT Program

The ICT program enables companies to temporarily transfer qualified employees from a foreign entity to a related Canadian entity (parent, subsidiary, branch, or affiliate) without requiring a Labour Market Impact Assessment (LMIA). It is designed for executives, managers, and specialized knowledge workers critical to the company’s operations. The program operates under two main frameworks:

• International Agreements: Facilitates transfers under agreements like the Canada–United States–Mexico Agreement (CUSMA), the Canada–European Union Comprehensive Economic and Trade Agreement (CETA), and other Canada-foreign country agreements, supporting talent mobility from specific countries.

• Canadian Interests (Significant Benefit): Allows transfers from any country when the employee’s work provides significant social, cultural, or economic benefits to Canada, typically for multinational corporations (MNCs).

This article explores these pathways, emphasizing CUSMA and CETA as key examples of international agreements, while noting that other agreements exist, and detailing the Canadian interests stream.

1. ICT under International Agreements

The ICT program under international agreements [R204(a)] allows companies to transfer key personnel from countries with trade agreements with Canada to their Canadian operations. This section covers CUSMA, CETA, and GATS, though other agreements (e.g., with Chile, Peru, Colombia) also facilitate ICTs. Notably, these agreements do not require the company to be a multinational corporation (MNC), but the foreign and Canadian entities must have a qualifying relationship.

ICT under CUSMA

The CUSMA ICT program supports U.S. or Mexican citizens transferring to a Canadian entity with a qualifying relationship (parent, subsidiary, branch, or affiliate) to their current employer in the U.S. or Mexico. It includes two categories:

1). Executives and Senior Managers

• Role: Individuals who direct the enterprise or a major component, set goals and policies, exercise significant decision-making authority, and operate with minimal supervision.

• Eligibility:

  • Must be a U.S. or Mexican citizen.

  • Must have worked full-time for the foreign enterprise in a similar role for at least one year within the three years prior to applying.

  • The Canadian operation must justify the need for an executive or managerial role based on its size and structure.

• Duration:

  • Initial work permit: Up to 3 years.

  • Extensions: 2-year renewals, with a total stay not exceeding 7 years.

  • For establishing a new branch or affiliate: Initial permit up to 1 year, with renewals up to 6 months.

2). Specialized Knowledge Workers

• Role: Employees with advanced proprietary knowledge and expertise critical to the company’s Canadian operations, not readily available in the local labor market.

• Eligibility:

  • Must demonstrate both advanced expertise and proprietary knowledge of the company’s products, services, or processes.

  • Same citizenship and employment requirements as above.

• Duration:

  • Initial work permit: Up to 3 years.

  • Extensions: 2-year renewals, with a total stay not exceeding 5 years.

Key Requirements

Applicants must submit:

• Proof of U.S. or Mexican citizenship.

• Evidence of continuous full-time employment with the foreign enterprise for at least one year in the last three years.

• A detailed employer letter outlining the current role, the position in Canada, and the relationship between the foreign and Canadian entities.

• An offer of employment detailing the position, duties, and compensation.

• Proof that the Canadian entity is actively doing business (e.g., providing goods or services on an ongoing basis).

Place of Application

U.S. or Mexican citizens can apply at a port of entry if exempt from a temporary resident visa or meet specific conditions, or from within Canada if eligible.

ICT under CETA

The CETA ICT program facilitates the transfer of EU citizens to a Canadian entity with a qualifying relationship to their EU-based employer. It offers three categories, plus provisions for spouses or common-law partners:

1). Executives or Managers

• Role: Individuals who manage the enterprise or a key function, oversee professional staff or operations, and exercise significant authority.

• Eligibility:

  • Must be an EU citizen.

  • Must have one year of continuous full-time employment with the foreign enterprise in a similar role.

  • The Canadian operation must support the need for the position.

• Duration:

  • Initial work permit: Up to 3 years.

  • Extensions: Up to 18 months, with a total stay not exceeding 4.5 years.

2). Graduate Trainees

• Role: Aimed at career development, allowing recent graduates to gain training in business techniques or methods in Canada.

• Eligibility:

  • Must hold a Bachelor’s degree or professional license related to the company’s activities.

  • Same citizenship and employment requirements as above.

• Duration:

  • Initial work permit: Up to 1 year or the contract length.

  • No extensions permitted.

3). Specialized Knowledge Workers

• Role: Employees with advanced expertise and proprietary knowledge critical to the Canadian operation.

• Eligibility:

  • Must demonstrate both advanced expertise and proprietary knowledge.

  • Same citizenship and employment requirements as above.

• Duration:

  • Initial work permit: Up to 3 years.

  • Extensions: Up to 18 months, with a total stay not exceeding 4.5 years.

4). Spouses or Common-Law Partners

• Eligibility: Spouses or common-law partners of EU ICTs can apply for an open work permit.

• Duration: Matches the validity of the principal applicant’s work permit.

Key Requirements

Applicants must provide:

• Proof of EU citizenship.

• Evidence of one year of continuous full-time employment with the foreign enterprise.

• An employer letter detailing the role, position in Canada, and enterprise relationship.

• An offer of employment specifying position details and compensation.

• Proof of the Canadian entity’s active business operations.

Place of Application

EU citizens may apply at a port of entry or from within Canada, subject to visa exemption or specific conditions.

ICT under GATS

The General Agreement on Trade in Services (GATS) facilitates the temporary entry of intra-company transferees and professionals from World Trade Organization (WTO) member nations (148 as of 2005) or permanent residents of Australia or New Zealand.

• Role: Similar to CUSMA and CETA, GATS allows intra-company transferees in executive, managerial, or specialized knowledge roles to transfer to a Canadian entity with a qualifying relationship (parent, subsidiary, branch, or affiliate).

• Eligibility:

  • Must be a citizen of a WTO member nation or a permanent resident of Australia or New Zealand.

  • Must have worked full-time for the foreign enterprise in a similar role for at least one year within the three years prior to applying.

  • The Canadian entity must be actively doing business and justify the need for the role.

• Duration:

  • Initial work permit: Up to 3 years.

  • Extensions: 2-year renewals, with a total stay not exceeding 7 years for executives/managers or 5 years for specialized knowledge workers.

• Key Requirements:

  • Proof of citizenship or permanent residency in Australia/New Zealand.

  • Evidence of one year of continuous full-time employment with the foreign enterprise.

  • A detailed employer letter outlining the role, position in Canada, and enterprise relationship.

  • An offer of employment specifying position details and compensation.

  • Proof of the Canadian entity’s active business operations.

Unlike ICT, Professionals under GATS focuses on short-term (90-day) entry for specific professional occupations under a services contract, not necessarily requiring a corporate relationship between entities. It has stricter credential requirements and is limited to specific sectors and occupations: Group 1: Engineers, Agrologists, Architects, Forestry Professionals, Geomatics Professionals (aerial surveying/photography), Land Surveyors; and Group 2: Foreign Legal Consultants, Urban Planners, Senior Computer Specialists (limited to 10 entrants per project). 

Place of Application

GATS applicants (both intra-company transferees and professionals) can apply at a Canadian visa office or port of entry (if visa-exempt) or from within Canada if eligible.

Differences Between General ICT Program and GATS ICT: Occupations under GATS ICT are limited to executives, managers, specialized knowledge workers; General ICT may include broader scope. For example, CETA includes graduate trainees and spousal permits.

Other International Agreements

In addition to CUSMA, CETA, and GATS, Canada has other trade agreements facilitating ICT work permits, such as those with Chile, Peru, and Colombia. These agreements similarly do not require the company to be an MNC, but they mandate a qualifying relationship between the foreign and Canadian entities and active business operations. Eligibility criteria, such as citizenship and employment duration, vary by agreement. Contact [Your RCIC Business Name] for guidance on these additional pathways.

Assessment and Compliance for International Agreements

Immigration officers assess applications to ensure alignment with the National Occupational Classification (NOC) and job requirements. For GATS Professionals, officers verify credentials and licenses through Canadian professional associations. Wages should reflect the prevailing wage to avoid suppression, though this is not a mandatory assessment factor. Non-compliance with permit conditions can result in penalties. Time spent in one ICT category counts toward the duration limit of another (except for GATS Professionals, limited to 90 days), and after reaching the maximum stay, individuals must complete one year of full-time employment outside Canada before reapplying as an ICT.

2. ICT under Canadian Interests (Significant Benefit)

The ICT program under Canadian interests [R205(a)] allows multinational corporations (MNCs) from any country to transfer key personnel to Canada when their work provides significant social, cultural, or economic benefits. Unlike international agreements, this pathway specifically requires the company to be a multinational corporation (MNC), that is, a company with revenue-generating operations in at least one country outside its home country, and that conducts business beyond its national borders, as defined by IRCC.

Eligibility Requirements

To qualify for an ICT work permit under Canadian Interests, applicants must:

• Current Employment: Be employed by an MNC outside Canada in an executive, managerial, or specialized knowledge role for at least 1 year of continuous full-time work in the past 3 years.

• Qualifying Relationship: The foreign enterprise must have a parent, subsidiary, branch, or affiliate relationship with a Canadian enterprise actively engaged in business (i.e., regularly providing goods or services).

• Temporary Transfer: The Canadian position must match the foreign role, with the foreign position remaining available for the applicant’s return.

• Significant Benefit: The work must create or maintain significant social, cultural, or economic benefits or opportunities for Canadians or permanent residents.

• Compliance: Meet all temporary residence immigration requirements, including evidence of qualifications and a genuine job offer.

For start-up applicants, the Canadian operation must show potential to be actively engaged within the first year, supported by a robust business plan and financial resources.

Significant Benefit Considerations

Immigration, Refugees and Citizenship Canada (IRCC) officers evaluate ICT applications based on their potential to deliver:

• Economic Benefits: Such as job creation, market expansion, technological advancement, or preventing disruptions to Canadian operations.

• Social Benefits: Contributions to community well-being, like initiatives promoting inclusion or environmental improvements.

• Cultural Benefits: Advancements in Canada’s cultural or heritage sectors, often linked to specialized expertise or recognition.

For example, an executive transferring to manage a Canadian subsidiary could qualify by driving job creation, while a specialized knowledge worker might qualify by introducing proprietary technology unique to the MNC.

Documentary Evidence

A strong ICT application requires comprehensive documentation, including:

1. LMIA-Exempt Offer of Employment: Submitted via the IRCC Employer Portal (or approved alternate, e.g., IMM 5802 form) with an offer number.

2. Proof of Employer Compliance Fee Payment: Ensures adherence to IMP regulations.

3. Evidence of Qualifying Relationship: Documentation proving the parent, subsidiary, branch, or affiliate relationship (e.g., articles of incorporation, partnership agreements).

4. Proof of Employment: Evidence of continuous employment with the MNC for at least 1 year in the past 3 years, including job descriptions, reference letters, or contracts.

5. Specialized Knowledge: Documentation of advanced proprietary knowledge or expertise, such as patents, awards, or proof of unique skills not readily available in Canada.

6. Business Plan (Start-Up): A detailed timeline and financial documentation showing how the new Canadian enterprise will become actively engaged.

7. Qualifications: Degrees, certifications, or evidence of relevant experience to perform the work in Canada.

Officers review fields in the Global Case Management System (GCMS), such as:

• Duties and Job Requirements: Alignment with the applicant’s role and claimed benefits.

• Wages: Must meet or exceed the prevailing wage for the occupation and region to reflect the role’s seniority or specialization.

• Exemption Details: How the position meets the significant benefit criteria.

Key ICT Categories under Canadian Interests

1) Executives and Managers

• Purpose: For senior roles (TEER 0 or 1) directing enterprise management or major components.

• Duration: Initial maximum of 3 years, with 2-year renewals, up to 7 years.

• Requirements: Applicants must demonstrate executive or managerial experience, and the Canadian enterprise’s size must justify the role.

• Example: A CEO overseeing a Canadian subsidiary’s strategic growth and job creation.

2) Specialized Knowledge Workers

• Purpose: For employees with advanced proprietary knowledge critical to the MNC’s operations.

• Duration: Initial maximum of 3 years, with 2-year renewals, up to 5 years.

• Requirements: Applicants must show both advanced proprietary knowledge (unique to the MNC) and advanced expertise (uncommon in the industry), without displacing Canadian workers.

• Example: An engineer with proprietary knowledge of custom software implementing it in Canada.

3) Start-Up Business

• Purpose: For executives, managers, or specialized knowledge workers establishing a new Canadian branch, subsidiary, or affiliate.

• Duration: Initial maximum of 1 year, with extensions rarely granted, typically only in exceptional cases such as unforeseen delays in business licensing or operational launch. Officers expect the Canadian business to be actively engaged within the first year.

• Requirements: The MNC must operate in at least two countries, and applicants must provide a business plan, financial capacity evidence, and human resource plans.

• Example: A manager from an MNC’s U.S. headquarters transferring to set up a Canadian office with plans to hire local staff.

Application Assessment Tips

IRCC officers focus on:

• Genuineness: The job offer must be genuine, with wages consistent with the role’s level.

• Temporary Intent: Applicants must prove they will leave Canada post-assignment, with their foreign position available.

• Enterprise Status: The Canadian enterprise must be actively engaged, not a shell company.

• Specialized Knowledge: Applications involving TEER 3, 4, or 5 roles face significant scrutiny. Officers will look for clear, verifiable proof of advanced proprietary knowledge and industry-unique expertise. Generic job descriptions or overlapping duties with local roles are likely to result in refusals.

Common pitfalls to avoid:

• Generic job descriptions or copied IRCC content.

• Insufficient evidence of a qualifying relationship or temporary intent.

• Lack of robust documentation proving significant benefits.

The ICT pathway under Canadian Interests cannot be used to create a company’s first international expansion into Canada. The foreign entity must already operate in at least two countries (excluding Canada) before applying.

Why Choose Our RCIC Services?

The ICT application process demands precision and a clear demonstration of significant benefits to Canada. Our experienced RCIC team provides:

• Expert Eligibility Assessment: We evaluate your role and the MNC’s operations to select the appropriate ICT category.

• Comprehensive Document Preparation: We ensure all evidence, from business plans to employment records, is robust and compelling.

• Employer Compliance Support: We guide MNCs through Employer Portal submissions and compliance fee payments.

• Advocacy with IRCC: We liaise with IRCC to address concerns and streamline the process.

Whether establishing a new enterprise, managing a subsidiary, or bringing specialized expertise, our RCIC firm is dedicated to guiding you through every step. We streamline the process to achieve your business or career goals in Canada. Contact us today to explore how the ICT program can support your global mobility needs.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Consult a licensed RCIC for personalized immigration advice.

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