Intra-company transfers (ICT)

The Intra-Company Transfer (ICT) programme is awork permitissued by the Government of Canada that allows foreign enterprises with a parent, branch, subsidiary or affiliate in Canada to bring key personnel to Canada to work.

Companies do not need to obtain aLabour Market Impact Assessment (LMIA)from the Government of Canada in order to transfer employees to Canada.

ICT enterprises

• The enterprises outside and inside Canada have a parent-subsidiary, branch or affiliate relationship.
• Both enterprises are actively carrying on business, meaning that they supply goods and services to one another on a continuing basis. The company must be operating in Canada, not merely holding a Canadian address.

ICT workers

• Is currently employed by a multinational company and seeks entry to Canada to work for a branch, subsidiary or affiliate of that enterprise.
• Is being transferred to a company with a valid relationship to their current company and will work at a legitimate, continuously operating establishment of the company in Canada.
• Has been continuously employed (on payroll or under contract) by the company proposing to transfer them to Canada in a similar full-time position for at least one year within the three years preceding the date of the initial application.
  • Where the employee works part time,Immigration, Refugees and Citizenship Canada (IRCC)may consider other factors such as the number of years of experience with the foreign company, the similarity between the previous position and the position in Canada, the extent of the part-time work, and whether the company shows signs of misusing the ICT work permit policy.
  • Where there has been a recent acquisition or merger, the employee need not have worked for the company for one year, provided they have worked for one of the affiliated companies for at least one year within the preceding three years. The successor enterprise must demonstrate that it has assumed the obligations, assets and operations of the original company and continues to carry on business in the same field.
• Is coming to Canada for a temporary period only.
• Meets all of Canada’s temporary residence requirements.

Eligible ICT positions and job titles

In addition, the position in Canada must fall within one of the following three functional groups:

• Executives and senior managers:
  • Executive: a person who principally manages the operations of the enterprise or a significant component of it.
  • Senior manager: a person who manages all or part of the enterprise and supervises or has authority over the work of other managers or professional staff.
• Functional manager:
  • A person responsible for managing an essential function that supports the company’s objectives, without necessarily managing staff.
• Specialised knowledge workers:
  • A person with an advanced level of expertise and proprietary knowledge of the enterprise’s products, services, processes or procedures.

ICT work permits for start-ups

Foreign enterprises seeking to establish a business in Canada may use the ICT programme to bring key personnel to the country to set up initial operations. When applying for a work permit under the ICT Start-Up stream, the applicant must demonstrate the ability to establish a business in Canada, including:

• Evidence that the company has sufficient finances to support start-up costs and to pay employee salaries.
• A business plan setting out a realistic plan for staffing and operations in Canada.
• Evidence that business premises have been secured, or are in the process of being secured.
• Where an executive or senior manager is being transferred, the company must demonstrate that it is large enough to support a managerial function.
• Where specialised knowledge personnel are being transferred, the company must demonstrate that it is genuinely carrying on business and that the employee’s work will be directed from Canada.

The ICT Start-Up stream issues a temporary work permit valid for one year, renewable provided the enterprise maintains a valid relationship and continues to actively carry on business in Canada. The newly established Canadian enterprise must also have staff genuinely at work.

Read the latest news on work permits under the Intra-Company Transfer (ICT) programme on the Government websitehere.