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Prepared by Sheikh Quresh Ali; Hema Upreti; Edited by Samuel Francis Gills on November 26, 2022

A Canadian work permit can be obtained in various ways, especially for foreign individuals who desire to work there. The Intra-Company Transfer (ICT) is one such program Canada has in place.

As the name implies, it is for those who have been temporarily transferred to work for their overseas employer’s Canadian subsidiary, parent company, or affiliate.

Some Basic Information to start with

Foreign nationals who wish to use this programme to apply for a work visa must be aware of the following fundamental prerequisites:

  • A Labour Market Impact Assessment (LMIA) is not required for work permits under this programme.
  • To qualify under this category, an applicant’s Canadian employment must be deemed managerial, executive, or involving specialist expertise.
  • There are two subgenres of managerial positions: Senior and Functional.
  • Senior Managers: Employees that oversee/control the work of other managers or professional staff members while managing all or a portion of the business.
  • Functional Managers: Personnel who oversee a specific task that is essential to accomplish the company’s objectives although they do not necessarily supervise other employees.
  • Executive positions are those where a person’s primary duties are managing the entire company or a significant portion of it. Positions requiring specialised knowledge requires employees to have “knowledge at an advanced degree of expertise and proprietary understanding of the enterprise’s goods, services, processes, and procedures.

 

 

How could ITC work for Employees’ benefit?

 Employees who are being transferred internally to Canada must:

  • Have a job in a Multinational Corporation (MNC) transferring foreign workers to Canada.

Note: In certain companies, based on our experience handling ITC applications, this is known as the mobility program, international mobility program, etc.

  • Be transferred to a business which has a qualifying connection to the one they are presently employed with.
  • Be taking a job at the Companies branch that is active and recognized in Canada.
  • Satisfy all immigration rules for temporary immigration to Canada.
  • Possess a minimum of one-year continuous full-time employment over the last three years in a position that is identical to the one they will hold in Canada.

There are a few exclusions regarding the last point on the list above. Included in those exceptions are:

  • If the employee worked part-time rather than full-time for the foreign MNC, IRCC may take other factors into consideration, such as the number of years of work experience with the foreign company, how similar the position is to the one in Canada, the context of the part-time employment, and whether there are any indications that the company is attempting to abuse the ICT work permit’s intended purpose.
  • Employees are not required to have worked for the company for a full year if there has been a recent corporate acquisition or merger involving the foreign MNC and the employee has worked for one of the affiliates for at least a full year in the past three years. The successor organization must show that it has taken over the interests, obligations, assets, and liabilities of the original company and that it is still engaged in the same field of business.

How could ITC work for Employers’ benefit?

Following are the requirements for a standard organisation relocating staff to Canada under the ICT programme.

  • A parent company, subsidiary, branch, or affiliate connection with a Canadian organisation is required for the foreign MNC applying for a work permit through the ICT programme.
  • It is not sufficient for a corporation to simply have a physical presence in Canada; it must also be operating there.
  • Current business relations between the Canadian enterprise and the foreign MNC are required.

 

 

ICT For Start-Ups

Apart from the requirements for ordinary organizations, the ICT programme has different requirements for international corporations looking to relocate key personnel for the purpose of starting a new operation in Canada. A one-year temporary work permit is given to successful ICT start-up applicants. If the company continues to have a qualifying relationship with a Canadian entity and does active business in Canada, the permits can be renewed, this is also necessary to staff new Canadian operations.

Companies that can show they have the potential to become established in Canada are granted ICT work permits for start-up businesses. Demonstrating their potential involves:

  • Demonstrating that the organization has the financial wherewithal to cover the start-up costs of the venture, including the capacity to pay staff.
  • Composing a business plan that details staffing arrangements for the new operation and conducting business in Canada.
  • Showing proof that a physical site has been secured or that the company is in the process of securing a physical space for the organization.
  • Demonstrating that the organization will be big enough to support the responsibilities of the executives and managers it is relocating to Canada.
  • Demonstrating the company’s intention to do business and demonstrating that Canadian management will in fact oversee the work being done there.

Contact us to know if you qualify to migrate to Canada. Check out Owlspriority Immigration’s Canada Settlement Resources to learn about finding employment in Canada, making your initial days stress-free, etc.


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