Intra-Company Transfer Canada
What Is The Intra Company Transfer Program?
The Intra-Company Transfer (ICT) program facilitates the relocation of employees from a parent company in one country to its branch, subsidiary, or affiliate in another country, such as Canada. These transfers can be either short-term or long-term, depending on the business needs. ICT services streamline the process, ensuring compliance with immigration laws, and assist in managing the logistical and administrative challenges of international relocations.
The intra-company transferee category is part of the International Mobility Program. This program allows global companies with subsidiaries in Canada to transfer highly skilled employees to work in Canada temporarily. These employees bring their expertise to Canadian firms, enhancing management efficiency, expanding Canadian exports, and improving Canada's competitiveness in international markets.
Qualified Intra-Company Transferees
Qualified intra-company transferees require work permits but are exempt from the Labour Market Impact Assessment (LMIA). These highly skilled workers provide economic benefits to Canada by transferring their knowledge and proficiency to Canadian companies, thereby supporting economic growth and innovation.
Benefits Of ICT Program Work Permit in Canada
1. Seamless Global Integration
By transferring experienced employees, companies can ensure that their international branches align with the corporate culture and business practices of the parent company. This seamless integration fosters uniformity in operations, making it easier to implement corporate strategies across borders.
2. Retention of Top Talent
Intra-Company Transfers provide employees with international career opportunities, serving as a significant motivator and retention tool. High-performing employees are more likely to stay with a company that offers diverse and enriching career paths, enhancing job satisfaction and loyalty.
3. Cost Efficiency
Recruiting local talent in a new market can be costly and time-consuming. Intra-Company Transfers allow businesses to utilize existing employees who are already familiar with the company's operations, reducing the need for extensive training and onboarding.
4. Knowledge Transfer and Skill Development
Transferring employees across different regions facilitates knowledge transfer and skill development. Employees gain exposure to new markets, cultures, and business practices, enhancing their professional growth and bringing valuable insights back to the parent company.
5. Compliance and Risk Management
ICT services ensure that all legal and compliance requirements are met during the transfer process. This minimizes the risk of legal issues related to immigration, employment laws, and other regulatory requirements, providing a secure and compliant transition for both the company and the employee.
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Intra Company Transfer To Canada Requirements & Eligibility
Lets discuss the requirements and considerations that are often involved in the Intra-Company Transfer (ICT) process. You can also read more about eligibility criteria on the Canadian Government website.
1. Employment Duration
At the time of transfer, the foreign employee must have been employed continuously by the foreign company in a similar position for at least one year on a full-time basis (minimum of 30 hours per week). Only highly skilled positions such as executives, senior managers, functional managers, and specialized knowledge workers who will be transferred into a similar role in Canada are eligible for this category.
2. Foreign Company
The foreign company must be a legitimate, registered entity conducting business in Canada on a regular, systematic, and continuous basis by providing goods or services. The company must have been in operation for at least 1.5 years or longer.
3. Association Between the Foreign Company and Canadian Entity
There must be a parent, subsidiary, branch, or affiliate relationship between the foreign company and the Canadian entity.
4. Canadian Company
The Canadian company must be a legal corporation that is either currently conducting business or will conduct business (in the case of a start-up company).
5. Job Offer and Role in Canada
The employee must have a job offer from the Canadian company that aligns with their current role at the foreign company. The role in Canada should involve similar duties and responsibilities to ensure continuity and relevance.
6. Work Permit Exemption from LMIA
Intra-company transferees are exempt from the Labour Market Impact Assessment (LMIA) requirement. However, they must still obtain a work permit. The exemption is granted because the transfer provides significant economic benefit to Canada by sharing expertise and skills.
7. Specialized Knowledge
For employees applying under the specialized knowledge category, they must demonstrate that they possess advanced expertise and proprietary knowledge crucial to the company’s business and operations. This includes unique skills that are not easily transferable or replaceable.
8. Compliance with Canadian Immigration Laws
Both the foreign employee and the Canadian company must comply with all applicable Canadian immigration laws and regulations throughout the transfer process. This includes ensuring that all documentation is accurate, up-to-date, and submitted in accordance with legal requirements.
9. Supporting Documentation
To support the application, the following documents are typically required:
- A detailed job description and organizational chart
- Proof of continuous employment with the foreign company
- Documentation of the relationship between the foreign company and the Canadian entity
- Proof of the foreign company’s and Canadian entity’s legitimacy (business registration, financial statements, etc.)
- Detailed explanation of the employee’s specialized knowledge, if applicable
10. Duration of Stay
The initial duration of the intra-company transfer work permit can be up to three years for executives and senior managers, and one year for specialized knowledge workers. Extensions are possible, but the total duration should not exceed seven years for executives and managers, and five years for specialized knowledge workers.
IRCC Intra Company Transfer Work Permit Application – LMIA Exempt
Intra-company transfer work permit varies based on the county of the nationality of the transferee.
Foreign nationals from visa-exempt countries can apply for their work permit at the port of entry; all others must apply online.
Intra Company Transfer Canada Processing Time
The processing time for an Intra-Company Transfer (ICT) visa in Canada typically ranges from 2 to 10 weeks. The exact duration depends on the number of applications received by Immigration, Refugees, and Citizenship Canada (IRCC) and other processing factors.
Factors Influencing Processing Time:
- Volume of Applications: Higher volumes can lead to longer processing times.
- Completeness of Application: Ensuring all required documents and information are submitted can help avoid delays.
- Specific Circumstances: Individual circumstances and additional verifications may impact the processing duration.
By understanding these factors, applicants can better anticipate the processing time for their ICT visa and plan accordingly.
Intra Company Transferees Canada to PR Transition
Intra-company transferees are often strong candidates for permanent residency in Canada. After one year of working in Canada on an intra-company transfer work permit, these employees can leverage their Canadian work experience to apply for permanent residence through the Express Entry system.
Pathway to Permanent Residence
Express Entry System:
- Intra-company transferees can apply for permanent residence through the Express Entry system, which manages applications for three economic immigration programs:
- Federal Skilled Worker Program
- Federal Skilled Trades Program
- Canadian Experience Class
Canadian Work Experience:
- The work experience gained in Canada on an intra-company transfer permit is highly valued. This experience can be used to meet the requirements of the Canadian Experience Class (CEC) under Express Entry.
Comprehensive Ranking System (CRS) Score:
A valid job offer from the Canadian employer can significantly boost an applicant's CRS score:
A valid job offer for a skilled position can add 50 points.
- A valid job offer for a senior managerial position (NOC 00) can add 200 points.
- This increase in CRS points improves the chances of being selected from the Express Entry pool.
Steps to Apply:
- Create an Express Entry Profile: Eligible candidates must create an Express Entry profile and provide details about their skills, work experience, language ability, education, and other personal information.
- Receive an Invitation to Apply (ITA): Candidates with high CRS scores receive an Invitation to Apply (ITA) for permanent residence during regular draws conducted by Immigration, Refugees and Citizenship Canada (IRCC).
- Submit Permanent Residence Application: Upon receiving an ITA, candidates must submit a complete application for permanent residence within the specified timeframe.
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Intra-Company Work Permit Duration
The length of an intra-company work permit is dependent on the employees role within a company which are as follows:
- Executives and Senior Managers – up to 7 years
- Specialized knowledge workers – up to 5 years
Should the foreign worker wish to re-apply for intra-company transferee after reaching their maximum work permit duration, they must complete at least one year of full-time employment at the company outside Canada.
To check out all the options. Call our Immigration consultants in Toronto today!
More About Jane Katkova
Jane Katkova started her career in business immigration in 2005 when she worked with the Quebec Immigrant Investor Program (QIIP).
Ever since her interest in business immigration started to grow together with a significant increase in business immigration clients.
Jane has represented more than 650 entrepreneurs from various countries of the world. Now she is one of the Best Immigration Lawyer and Consultant in Canada.
Jane recommends thoroughly assessing the situation of each client, choosing one of several available programs for business immigration, and building a solid strategy before making the first step towards the Canadian dream.
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This message is for informational purposes only. If you have any questions, please contact the immigration case manager with whom you work at Jane Katkova and Associates or send an email to support@katkova.com.
FAQs about Intra-Company Transfer
- are currently employed by a company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;
- are transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment of that company;
- are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;
- have been employed continuously by the company that plans to transfer them outside Canada in a similar full-time position for at least one year.
The first step is determining eligibility. To apply for intra-company transfer to Canada, your employer must be a member of an approved list of companies with locations in Canada and abroad. Additionally, your role within the organization must meet intra-company transfer requirements as established by Immigration, Refugees and Citizenship Canada (IRCC). If eligible, you will need to apply for a work permit under the intra-company transferee category. For assistance and more information fill out this form, or contact us by phone: 1 (416) 661-4487 or by email: info@katkova.com
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