Intra-Company Transfer
Intra-Company Transfer is a stream under the International Mobility Program (IMP) that allows Canadian companies to temporarily transfer high-skilled foreign employees to Canada from offices outside the country to improve the strength of management, increase Canadian exports, and enhance competitiveness in overseas markets. If the employee meets the requirements set under the Intra-Company Transfer stream, they can obtain a work permit exempt from a Labour Market Impact Assessment (LMIA). This applies to foreign workers from any country.
Intra-Company Transfer Requirements
The Intra-Company Transfer stream has requirements for both the Employer and Employee. The Intra-Company Transfer stream requires both the employer and the employee to fulfill their obligations so that the employee can obtain a work permit under the Intra-Company Transfer stream.
Intra-Company Transfer Employer Requirements
An employer must meet the following requirements to facilitate an intra-company transfer of a foreign employee to Canada.
- The employer must demonstrate a qualifying relationship between the Canadian entity and its foreign counterpart, such as a parent company, subsidiary, branch, or affiliate.
- The transferred employee must have been continuously employed full-time by the foreign entity for at least one year in the three years preceding the application in a managerial, executive, or specialized knowledge role.
The Canadian employer must provide a detailed job offer to the transferred employee, outlining the role, responsibilities, and employment terms consistent with Canadian labor standards. The employer must also ensure that the transfer aims to either enhance management effectiveness, expand Canadian exports, or provide an opportunity for the transferred employee to gain knowledge to be utilized abroad.
Intra-Company Transfer Employee Requirements
Employees seeking to complete an intra-company transfer to Canada must meet the following requirements.
- A multinational company currently employs the Applicant, and they are seeking to transition into a similar role in a parent, a subsidiary, a branch, or an affiliate of the company where they are currently employed.
- The Applicant is transferring to an enterprise with a qualifying relationship with the company where they are currently employed. Furthermore, they will be undertaking legitimate employment focusing on continuing the establishment of the enterprise.
- The Applicant is being transferred to a position in an executive, senior managerial, or specialized knowledge capacity.
- The Applicant has been employed continuously by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application.
- The Applicant is coming to Canada for a temporary period only.
- The Applicant complies with all immigration requirements for temporary entry.
The transferring employee must fall into one of the specified categories: executive, senior managerial, or a role requiring specialized knowledge. Each of these categories comes with distinct criteria as outlined:
Executive Intra-Company Transferee Requirements
To complete an Intra-Company Transfer under the Executive category, the Applicant being transferred (the “transferee”) must meet the following conditions:
- Directs the management of the organization as a whole or a significant component in a way that effects the function of the organization;
- Establishes goals and policies of the organization, a component of it, or its function;
- Exercises wide latitude in discretionary decision-making and;
- Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
Managerial Intra-Company Transferee Requirements
To complete an Intra-Company Transfer under the Managerial category, the transferee must meet the following:
- Manages the organization, department, subdivision, function, or component of the organization;
- Supervises and controls the work of other supervisory, professional, or managerial employees;
- Possesses authority to hire and fire or recommend those and other personnel actions (such as promotion and leave authorization) for employees directly supervised; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
Specialized Knowledge Intra-Company Transferee Requirements
To complete an Intra-Company Transfer under the Specialized Knowledge category, the employee must demonstrate an advanced level of proprietary knowledge and expertise of the company’s product, service, research, equipment, techniques, or management:
Proprietary knowledge is company-specific expertise related to a company’s product or services. This implies that the company has not divulged specifications, allowing others to duplicate the products or services offered.
Advanced proprietary knowledge would require an applicant to demonstrate:
- Significant and uncommon knowledge of products or services and their performance in international markets; or
- An advanced level of expertise or knowledge of the enterprise’s processes and procedures, including its production, research, equipment, techniques, or management.
An advanced level of expertise is also required, which requires specialized knowledge gained through seniority and experience. This means the longer the experience, the more likely the knowledge is qualifying as “specialized”. The experience with the organization must also be recent (within the last five years), and used by the individual to contribute significantly to the employer’s productivity.
Intra-Company Transferee Work Permit Length
Each category of the Intra-Company Transfer Work Permit has a different maximum length. However, it is commonplace for initial work permits to be issued for a maximum duration of approximately one year. This time may differ from a work permit issued at the time of entry into Canada. Extensions may be granted for a period of up to two years.
The total time an Applicant can stay in Canada in a managerial or executive capacity is seven years. Similarly, the total amount of time an Applicant can stay in Canada under the specialized knowledge category is five years.
Once the maximum work permit length is reached, the transferee must complete at least one year of full-time employment in the company outside of Canada to be eligible to re-apply as an Intra-Company Transferee.
Frequently Asked Questions About the Canadian Experience Class
Can I apply for Canadian experience class outside Canada?
Yes, candidates can apply outside of Canada for the Canadian Experience Class if they fulfill the eligibility criteria, including having one year of work experience in Canada within three years immediately preceding the application. Candidates in Canada on a temporary work visa nearing its expiration can obtain a bridging open work permit, allowing them to maintain employment in Canada while awaiting their invitation to apply for permanent residency.
Do you need to show financial proof for the Canadian Experience Class?
No, if you receive an invitation under the Canadian Experience Class, the requirement to demonstrate financial proof does not apply to you. However, by default, the Express Entry system will request proof of funds documents from all candidates. To be exempt, invitees for permanent residency can fulfill this step by uploading a letter stating their invitation under the Canadian Experience Class or uploading evidence of a valid job offer, bypassing the need to show proof of funds.
Do internships and co-ops in Canada count toward Canadian Experience Class work experience?
No, however, it is a bit nuanced. The eligibility of a paid internship to count towards the Express Entry work experience requirement varies depending on its relation to your educational program. If your paid internship was conducted outside of your academic curriculum and not as a requirement for your degree or diploma, it could be considered valid work experience for Express Entry. This means that internships undertaken independently of academic obligations, where you gain practical skills relevant to your professional field, may contribute to fulfilling the work experience criteria for Express Entry applications.
Frequently Asked Questions Intra-Company Transfer (ICT)
What is intra-company transfer in Canada?
The Intra-Company Transfer (ICT) to Canada is a stream under the International Mobility Program that allows multinational companies to temporarily transfer qualified employees from their foreign operations to a Canadian branch, subsidiary, or affiliate of the same corporation. This stream is designed for employees who meet the requirements of executive, senior managerial positions, or have specialized knowledge crucial to the company’s operations. The ICT permits the entry of these individuals into Canada without the need for a Labour Market Impact Assessment (LMIA).
How much is the intra-company transfer fee in Canada?
The processing fee for an Intra-Company Transfer (ICT) work permit application in Canada is $155 CAD for an individual application.
How long is the intra-company transfer visa in Canada?
Depending on the category the Applicant is applying under, the Intra-Company Transfer (ICT) visa in Canada can be issued for an initial period of up to three years. Extensions may be granted to employees in executive or managerial positions or those with specialized knowledge. Executives and senior managers may be eligible for extensions up to seven years, while specialized knowledge workers can receive extensions up to five years. Each extension request is evaluated case-by-case, considering the transferee’s role, company requirements, and program condition compliance.
Can family members accompany an ICT transferee to Canada?
Yes, family members, including spouses or common-law partners and dependent children, can accompany an ICT transferee to Canada. Spouses or common-law partners may be eligible for an open work permit, allowing them to work for any employer in Canada. Dependent children may obtain study permits to attend Canadian educational institutions. The ability to bring family members aims to facilitate the transition for ICT transferees and support their integration into Canadian society.
Is it possible to transition from an ICT work permit to permanent residence in Canada?
ICT transferees may be eligible to transition to permanent residence through the Canadian Experience Class (CEC) under the Express Entry system. Some Provincial Nominee Programs (PNPs) may offer pathways to permanent residence for ICT transferees who contribute significantly to the local economy.
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