Business owners who manage companies overseas can take advantage of the Intra-Company Transferee (ICT) Program to secure a Canadian work permit, allowing them to establish a branch office in Canada. This pathway offers an excellent opportunity for qualified businesses and entrepreneurs to explore the Canadian market without needing a Labour Market Impact Assessment (LMIA).
Eligible business owners can receive a one-year work permit to start their Canadian branch.
Executives and managers: initial maximum 3 years, unless office start-up (1 year); 2-year renewals allowable; total period of stay may not exceed 7 years.
Specialized knowledge workers: initial maximum 3 years, unless office start-up (1 year); 2-year renewals allowable; total period of stay may not exceed 5 years.
Citizenship
No restrictions apply for citizenship.
Employment
Applicants must be currently employed outside of Canada and seeking entry to work for a parent, subsidiary, branch, or affiliate of their company in Canada. The applicant should have continuous full-time employment for at least one year within the past three years in a similar role with the same company outside of Canada.
Company Requirements
The Canadian and foreign entities must maintain a qualifying business relationship, such as parent, subsidiary, branch, or affiliate. Franchise and license agreements are not eligible. Both companies must be actively engaged in business.
Documents Required for Entry
From the Employer:
- A letter confirming that the worker is currently employed by a related entity outside of Canada and is being transferred to a Canadian branch, parent, subsidiary, or affiliate.
- Proof of employment via payroll records or contract documentation.
- Confirmation that the employee has held a similar position in the foreign entity for at least one year (full-time) within the past three years.
- Job details, including title, position in the company, and responsibilities both outside and within Canada.
- Information about the employee’s role in Canada, including job description and remuneration arrangements.
- The intended duration of the employee’s stay in Canada.
- Documentation verifying the qualifying relationship between the foreign and Canadian companies.
- Proof that both companies are currently doing business.
Duration of Stay
- Executives and Managers: The initial work permit can be issued for up to three years, except in cases of office start-ups, where it is limited to one year. Extensions are available in two-year increments, with a maximum stay of seven years.
This program allows the transferee to bring their family to Canada and provides a potential pathway to Canadian permanent residency.
This guide covers the details of transferring business owners, senior executives, and managers to Canada through the ICT Program.
Book your consultation with us at YA Law Corporation to explore the eligibility criteria, the steps involved in setting up a Canadian entity, and the process for securing a work permit under this program.
We are a team of experienced U.S.-Canadian immigration professionals, including a lawyer, consultant, and paralegal, with over 25 years of combined experience.