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One of the most popular work permit programs is applying to work in Canada under your own existing company or a company you have been working with overseas which also has a branch or subsidiary inside Canada. Today we are covering the Intra-Company Transfer program's most frequently asked questions. This is not for the corporate Intra-Company Transfer, but mainly for new branch setup ICT applicants.
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 49 nationalities. Get a FREE email assessment, click here.
Here are the top 10 questions & answers for the very popular Intra-Company Transfer program:
What are the possible types of Intra-Company Transfer?
Answer: One option to apply for an ICT is when having an ongoing branch or subsidiary in Canada of an overseas company and you wish to move staff over – whether managers or specialized knowledge staff. We call that the ‘corporate ICT’ which is straightforward and is not scrutinized as much by the IRCC since the operations inside Canada are already ongoing and it’s not a new company.
The second type of ICT is the new branch set up, which is mainly for companies overseas that do not have an existing operation inside Canada and want to set up a subsidiary, branch, or affiliate here.
For the purposes of this article, the questions and answers are customized towards the 2nd type of ICT applicant since the first scenario ICT case, which is the corporate one, is quite simple – just follow the online IRCC instructions.
Answer: Previously it was all clubbed together under the C12 LMIA exemption code, now it’s split between C61, C62, and C63. If you do not have operations inside Canada yet you will have to use C61, and if you have existing operations inside Canada and are moving staff over from your overseas entities, you can use C62 for managers and executives and C63 LMIA exempt code for specialized knowledge staff. You do not need an LMIA for an Intra-Company Transfer application if you qualify for the program. Keep in mind that if you are from a country that has a bilateral agreement in place with Canada, there may be a specific LMIA exempt code for your country under the ICT category.
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 49 nationalities. Get a FREE email assessment, click here.
Answer: No. You can be an employee or any eligible position who is officially being paid by the main controlling company. The payments can be either payroll, management fees, or dividends. You do not need to be a shareholder of a company to be able to apply for a work permit under ICT.
Answer: If you are planning to apply for a new branch setup inside Canada, the money has to come from somewhere, as an investment for the new branch setup, and it cannot come from an individual even if you own 100% of the business overseas. Therefore, the answer to this question is ‘Yes’ the company overseas needs to be profitable or at some point it was and now it has large cash reserves in case it was not profitable in the past year.
Answer: Yes, of course, it’s possible. Whether you are approved or not depends on the following criteria: Remember that these answers are for the 2nd type of ICT, which is the startup branch, and not for the corporate ICT where the entity inside Canada is fully operational. The following points are for new branch setup applicants under ICT – in terms of key factors that will make the difference between being approved or refused for your application:
1: Are you from a visa-exempt country?
2: Are your operations already ongoing in the new branch inside Canada?
3: Do you have ongoing transactions with Canadian customers or suppliers that are financially justifiable to set up a branch here?
4: Do you have a joint venture partner in Canada for the new branch or subsidiary?
5: Are you from a high volume or high refusal country?
Unfortunately, IRCC is refusing many ICT applicants who are planning to set up a new branch inside Canada if they are from high volume or high refusal countries. If you have never visited Canada and are a small or medium-sized business owner and not from a visa-exempt country, your chances of approval might be 50% at best, which is why we ask our clients to visit Canada in person to research, set up the branch, and then apply – and our approval rates are significantly higher.
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 49 nationalities. Get a FREE email assessment, click here.
Answer: 6 key factors to note when you are applying for a new branch setup under the ICT program or as we call it, startup Intra-Company transfer since it’s a new entity in Canada:
1: The controlling stake of the new entity inside Canada should be the same as the overseas headquarters. This relationship must be clearly documented and proven.
2: The initial person (whether key staff or manager or director) who is planning to apply for the work permit for this new branch must have been paid for at least 1 year out of the last 3 years from the overseas headquarters or main branch. If you do not have proof of payment, that person is not eligible to apply. Any formal mode of payment can be accepted – not just payroll.
3: The overseas entity, or headquarters, which is investing to set up a new branch in Canada, must be ongoing and operational during the entire time the work permit is valid inside Canada while setting up the new entity here.
4: The overseas entity planning to set up a new branch or subsidiary inside Canada needs to be profitable and have a decent number of staff. If you only have 1-9 staff, it’s going to be a very difficult case and we don’t recommend it. If you are not profitable then where will the funds for the investment come from?
5: There should be no mention or intentions for permanent immigration within the ICT framework. If IRCC notices any hint that the true intentions are not for business expansion, but rather immigration, your application can be easily refused. The most important aspect of this is to have a strong business case for your Intra-Company Transfer application.
6: If you are not from a country that has a bilateral agreement with Canada for mobility purposes, then you need to prove Significant social, cultural, or economic benefits for Canada. Contact our office in case you do not know if your country has a bilateral agreement that covers ICT within its scope. Watch this video regarding ‘Significant Benefit’ if you need some ideas or a crash course on what all this means.
Remember that we’re always posting about these key details for IRCC’s business & investment programs and other immigration programs for professionals and entrepreneurs– and if that’s what you are interested in, you can subscribe to our YouTube channel for more deep dive videos.
Answer: It’s typically valid for 1 year if you are applying to set up a brand-new branch or subsidiary, and then it can be renewed for 2 years after the first year if you invested and set up the operations as per your initial application. If you have an ongoing branch inside Canada with revenues, profits, and Canadian staff, the duration can be longer for your first application.
Do you want to become a PR in Canada? At INGWE we can support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +49 countries in their immigration path to Canada. Fill out our form, click here.
Answer: The processing times from the USA, Europe, and Israel are 2-4 weeks. From India, it can be up to 4 or 4.5 months. In Turkey, it can also be 2 to 4.5 months depending on your nationality, and in the UAE or GCC, this is longer and typically starts with 4 months or higher at least. In Africa, you can expect 2.5 to 6 months or 4.5 months on average. In many Latin American countries, this can be 2-3 months, such as Colombia, Mexico, Peru, Chile, and Brazil. The processing times are also super fast in Japan and Korea, within a few weeks. In Vietnam and China, you can expect longer processing times of 3.5 months and higher.
Answer: Of course, this is possible. Under the Intra-Company Transfer program, the applicant can apply for his or her spouse/partner’s open spousal work permit and eligible dependent’s study permits. Of course, if you are from a high refusal region then be a bit more cautious if you are planning to do this right away – and maybe after you set up the branch it would be safer in terms of likelihood of approval.
Answer: For a new startup branch under the Intra-Company Transfer program, you can transfer 1 key staff or executive in the initial 12 months, and if you ramp up your operations by the first year, you can potentially be eligible to apply for more overseas transfers to Canada as long as the number of Canadian staff on the payroll is more than the number of foreign workers you are planning to bring over from overseas. This is a delicate ratio, and you should be careful and prepare in advance.
Do you want to become a PR in Canada? At INGWE we can support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +49 countries in their immigration path to Canada. Fill out our form, click here.
Here is an important clarification and a Bonus Tip: The Intra-Company Transfer program is not a direct PR program, but rather just a work permit that can be renewed. To obtain your permanent residency through the ICT program, you will need to combine it with a Provincial Nominee Program or with Express Entry. It is possible, you just need to plan and know which province to utilize. Our favorite provinces to convert ICT clients to PR are Alberta and New Brunswick.
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