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The Intra-Company Transfer (ICT) is one of the most popular business work permits in Canada. Some companies pursue this pathway to bring overseas staff into existing Canadian business operations. Entrepreneurs in new start-up ICTs from overseas, seeking to set up a Canadian branch, may look at this option to enter Canada and then pursue permanent residency. We will look at the eligibility requirements, the benefits, and a few insider tips to increase application success rates.
If you’re planning to immigrate to Canada through the ICT program and you’re looking for some guidance and support, you’re at the right place! We are licensed and we have successfully supported applicants from more than 50 nationalities. Get a FREE email assessment, click here.
Intra-Company Transfer is an LMIA-Exemption category of the International Mobility Program that facilitates the temporary transfer of key employees to Canada for international companies, without needing a positive LMIA. This program benefits foreign business owners by simplifying the process of securing Canadian work permits.
Businesses which apply under this program must currently operate both in Canada and abroad or be a company overseas that is planning to start a new branch, subsidiary or affiliate inside Canada. There must be a qualifying relationship between the foreign and Canadian companies. Successful ICT applications clearly define and document this relationship. For example, a subsidiary is defined as a company majority-owned and controlled by the parent company, either directly or indirectly.
It's crucial for both Canadian and foreign entities to be well-established and operational. For companies new to Canada, strengthening the application can include steps like opening a Canadian bank account, funding it for local operations, undertaking a reconnaissance visit, and securing agreements with Canadian clients. Immigration officers assess the viability of Canadian operations based on a solid business plan and the potential for job creation in Canada.
If you’re planning to immigrate to Canada through the ICT program and you’re looking for some guidance and support, you’re at the right place! We are licensed and we have successfully supported applicants from more than 50 nationalities. Get a FREE email assessment, click here.
The Canadian government does not set any minimum investment amounts for companies expanding to Canada. However, companies must be financially sound and have the required capital to support their new operations in Canada and hire local talent.
In our experience, successful ICT cases are ones where the business demonstrates solid gross sales exceeding a certain threshold, and the profits and/or retained earnings are higher than the proposed investment in the new Canadian entity. These funds should be liquid and unencumbered. Additionally, the business should demonstrate access to further funds or assets to support operations in Canada if it does not reach self-sufficiency by the end of year one.
The employee must have been employed continuously by the foreign company in a similar full-time position for at least one year within the three years preceding the application.
A successful application must include comprehensive documentation that verifies the legitimacy of the company’s operations and the employee’s role. This includes:
* Proof of the corporate relationship between the foreign and Canadian entities.
* Detailed job descriptions highlighting the managerial, executive, or specialized nature of the employee’s role. RCC’s criteria for these categories is very stringent.
If you’re planning to immigrate to Canada through the ICT program and you’re looking for some guidance and support, you’re at the right place! We are licensed and we have successfully supported applicants from more than 50 nationalities. Get a FREE email assessment, click here.
* The Intra-Company Transfer is a Federal temporary work permit program and not meant for permanent immigration. It can be applied to for any province across Canada including Quebec – with no limitations. However, there is no direct PR path for ICT.
* As of May 30th, 2024, there is officially no quick path or short-cut to convert an ICT work permit to PR. All routes lead to Express Entry – which means that if the main ICT applicant is not Express Entry eligible and cannot justify a 200 point C-level position in their company, then it will be another sequel of “mission impossible” but instead of Tom Cruise, you or your client will be the star of the movie with a sad ending.
There are a few things you can do to give yourself or your client a better chance of success.
* Justify why the foreign employee’s presence in Canada is urgently necessary.
Explain in detail why the role cannot be easily filled by Canadian workers, and the positive impacts of the foreign worker’s presence in Canada.
These may include transferring skills to Canadians and Permanent Residents, creating employment opportunities, etc.
* Clearly explain why the employee’s position, professional history, and education experiences enable them to fall within the executive or specialized categories.
Remember all explanations must be accompanied by supporting documentation such as the employee’s pay stubs, tax returns, and letters of employment, training certificates, and degrees.
* Meeting the job offer regulations is also a key step.
Carefully create the offer of employment, pay the employer compliance fee and attach all supporting documentation linking the submitted job offer to the work permit application (such as proof of payment and the “A” number).
* Clearly demonstrate that the applicant has non-immigrant intent, meaning they plan to leave Canada at the end of their authorized stay.
Evidence can include ties to their home country, such as family, property, or the ongoing employment contract with the foreign company.
* Provide evidence that the transfer significantly benefits the Canadian company by enhancing its global competitiveness. Successful ICT cases often demonstrate alignment with Canada’s broader economic interests.
This may include:
If you’re planning to immigrate to Canada through the ICT program and you’re looking for some guidance and support, you’re at the right place! We are licensed and we have successfully supported applicants from more than 50 nationalities. Get a FREE email assessment, click here.
In conclusion, achieving success with an Intra-company Transferee (ICT) application involves demonstrating the substantial interconnection between the foreign and Canadian business entities and ensuring the foreign employee's critical role and expertise are well-documented. Financial stability with sufficient capital to support Canadian operations and a detailed plan showcasing potential economic contributions are also paramount.
If you’re thinking about immigrating, we are here to help! We offer free email assessments and of course if you are an active immigration practitioner, we can assist you with outsourcing your back-office operations including assessments, processing and pre- and post-landing support.
If you’re thinking about immigrating whether permanently or temporarily - you’re at the right place! Our team speaks over +9 languages, and we help applicants from over 50 different countries during their immigration process. Get a FREE email assessment, click here.
If you’re ready to apply and would like a 1-on-1 session with me or one of immigration team members at INGWE, you can also book a session directly using this consultation link.
