An intracompany transferee (ICT) work permit allows the relocation of an employee from a foreign branch or subsidiary of a company to its Canadian branch or subsidiary. This type of transfer is often used to facilitate the movement of key personnel, managers, executives, or specialized knowledge employees within a multinational corporation.
In Canada, intracompany transfers typically fall under the Temporary Foreign Worker Program (TFWP) managed by Immigration, Refugees, and Citizenship Canada (IRCC).
Significant benefit – Intra-company transferees:
Key points to consider for intracompany transfers to Canada:
- Work Permit Categories: Intracompany transfers usually fall under one of the following categories:
• Intra-Company Transferees (ICTs) under the North American Free Trade Agreement (NAFTA), now the Canada-United States-Mexico Agreement (CUSMA).
• International Mobility Program (IMP) for other intra-company transfers.
- Eligibility: The employee has been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application. The employee being transferred must have been employed by the foreign company in a managerial, executive, or specialized knowledge capacity and must be coming to work in a similar capacity in Canada.
- Canadian Entity: The Canadian branch or subsidiary of the company must provide documents and information to demonstrate the relationship between the foreign and Canadian entities, as well as the need for the transfer.
- Labour Market Impact Assessment exemption (LMIA Exemption): For most intracompany transfers, a positive LMIA is not required. However, specific conditions must be met to qualify for LMIA exemption under the ICT category.
- Duration: The initial work permit for an intracompany transferee is one year. For renewals, evidence should be provided that the Canadian and foreign companies still have a qualifying relationship; the new office has engaged in the continuous provision of goods or services for the past year; the new office has been staffed. Extensions may be granted up to the five- and seven-year maximums referred to in the section Breaks, recaptured time and duration of work permit limit below and the section on the categories of work with validity periods which may not be exceeded.
- Application Process: The application process varies and depends on IRCC processing time.
Contact to speak to our expereinced Immigration lawyer. Immigration policies and policies can change over time, and it’s essential to consult and seek legal advice for the most up-to-date and accurate information before making any decisions related to intracompany transfers to Canada.