Intra Company Transfer Canada: A Complete Overview

Intra-Company Transfers (ICT) play a vital role in facilitating the movement of skilled professionals within multinational companies. Canada is known for its strong economy and welcoming environment for foreign workers, making it an attractive destination for intra-company transfers. This article provides a comprehensive overview of the ICT program in Canada, including eligibility requirements, the application process, and other pertinent information.

What is Intra-Company Transfer Canada?

Intra Company Transfer Canada is a program that allows employees of a foreign-based company to be temporarily transferred to a related Canadian company. This program is aimed at promoting the exchange of knowledge and expertise between foreign and Canadian businesses. The ICT program is particularly beneficial for senior-level or specialized-knowledge employees who can contribute significantly to the Canadian economy.

Intra Company Transfers Canada: Categories

There are 3 types of intra company transfers and the criteria for each of the categories are different. Here is a detailed overview of different types of intracompany transfers:

Executives: Executives are individuals who primarily direct the management of the enterprise or a major component of it. They typically have significant decision-making authority and receive only general (if any) supervision from higher-level executives. To qualify as an executive under the intra company transfer visa in Canada, the following criteria must be met:

• The individual must hold a senior position within the company.
• The position should involve managing the company or a significant portion of it.
• The individual should have a high level of decision-making authority and independence.
• The position should not be primarily focused on day-to-day operational tasks.

Senior Managers: Senior managers are responsible for managing all or part of the enterprise and supervising or controlling the work of other managers or professional employees. To be eligible as a senior manager under the Intra Company Transfer Canada program, the following criteria must be fulfilled:

• The individual must hold a senior management position within the company.
• The position should involve managing a significant department, division, or functional area of the company.
• The individual should have the authority to supervise or control the work of other managers or professional employees.
• The position should not primarily involve performing specialized tasks or routine operational duties.

Workers with Specialized Knowledge: Workers with specialized knowledge possess advanced expertise or specialized knowledge related to the enterprise's product or service, or an advanced level of expertise in the enterprise's processes and procedures. To qualify as a worker with specialized knowledge under the Intra Company Transfer Canada program, the following criteria must be met:

• The individual must possess specialized knowledge that is unique and not easily transferable.
• The specialized knowledge should be essential to the company's operations, competitiveness, or productivity.
• The individual's knowledge should be advanced, surpassing the level of expertise commonly found in the industry.
• The position should require the application of this specialized knowledge in the Canadian context.

It is important to note that all three categories of Canada intra company transfer must meet additional requirements, including:

• Being currently employed by a foreign enterprise that has a qualifying relationship (parent, subsidiary, or affiliate) with the Canadian company.
• Having been employed full-time by the foreign enterprise for at least one year within the past three years preceding the transfer to Canada.
• Intending to work in a similar position for a Canadian company.

ICT Canada Visa Eligibility Requirements

To be eligible for an intra company transfer Canada visa, applicants must meet specific criteria. These requirements may include the following:

• Operational Duration: The home company must have been operational for at least 12 months, although ideally for at least 3 years, before considering expansion to Canada. This demonstrates the stability and success of the business in its home country.

• Financial Soundness: The home company must be financially sound and capable of supporting foreign operations in Canada. This requirement ensures that the company has the necessary resources to sustain its Canadian operations.

• Employment Duration: The applicant seeking an ICT work permit must have been working or engaged with the home company for at least 12 months within the past three years before the immigration application. This criterion validates the individual's experience and involvement in the company's operations.

• Relationship between Companies: The home company must have a qualifying relationship with the company in Canada, such as being a parent, subsidiary, or affiliate company. This relationship establishes the connection and legitimacy of the expansion.

• Job Creation for Canadians: Canadian operations must be a viable enterprise that will result in jobs in Canada. This requirement ensures that the expansion contributes positively to the Canadian economy and employment market.

• Considerations for Initial Expansion to Canada: If the expansion to Canada represents the initial venture of the foreign company, additional considerations come into play. Immigration officers will examine the following factors:

• Sound Business Plan: A well-structured business plan demonstrating the viability of Canadian operations is crucial. The plan should showcase the potential for generating sufficient revenue to cover costs and compensate employees.

• Job Creation: The expansion should result in job creation for Canadians, reflecting the commitment to contribute to the local workforce and economy.

• Executive or Managerial Requirement: The company's size and complexity will be evaluated to determine if it necessitates the presence of an executive or manager in Canada. This assessment ensures that the position being transferred aligns with the specific needs of the Canadian operations.

Canada ICT Visa Process

Applying for an Intra Company Transfer work permit in Canada requires careful preparation and adherence to the specific requirements of the program. This step-by-step process aims to assist applicants in understanding the process and provides key considerations for a successful application.

• Confirm Eligibility and Develop a Strategy: Before proceeding with the application, applicants must ensure they meet the eligibility criteria for the Intra Company Transfer Canada program. This includes fulfilling the requirements related to the applicant's position within the company and the qualifying relationship between the home company and the Canadian entity. It is also crucial to develop a solid strategy for presenting the case to Canadian immigration authorities, highlighting the necessity and benefits of the intra-company transfer.

• Register the Canadian Company: If the Canadian entity does not already exist, it must be registered as a parent, subsidiary, or affiliate of the home company. This registration demonstrates the relationship between the two entities and the purpose of the intra-company transfer.

• Prepare a Comprehensive Business Plan: A well-structured business plan is essential for demonstrating the viability and profitability of the proposed Canadian operation. The plan should include details on the business activity, market research, hiring plans, and cash flow projections for at least 2-3 years in alignment with industry standards. This comprehensive plan showcases the applicant's preparedness and commitment to establishing a successful presence in Canada.

• Collect Required Documents: Gather all necessary documents to support the work permit application. This may include bank statements, articles of incorporation, evidence of investment funds, and any other relevant supporting documents. Ensure that the documentation is comprehensive, accurate, and up-to-date to strengthen the application.

• Prepare the Work Permit Application: Carefully complete the work permit application, providing detailed explanations of how the applicant meets the eligibility criteria and why their presence in Canada is necessary for the company's operations. Include all supporting documents, ensuring they are organized, properly labeled, and attached as required. Double-check the application for accuracy and completeness before submission.

• Submit the Application and Await Decision: Submit the completed work permit application along with the supporting documents through the appropriate channels as instructed by Canadian immigration authorities. Pay the necessary fees and keep a record of the application submission. After submission, patiently await the decision. Processing times can vary, so it is advisable to regularly check the status of the application.

• Additional Considerations for Visa-Exempt Countries: For citizens of visa-exempt countries, it may be possible to apply for an Intra Company Transfer Canada work permit at the port of entry (POE). However, it is important to research and confirm the specific requirements and procedures for the applicant's nationality to ensure a smooth entry into Canada.

Duration of ICT Work Permit Canada

The duration of an intra company transfer work permit in Canada depends on the category of the employee:

• Executives and senior managers: Up to three years, with the possibility of extensions up to a maximum of seven years.
• Functional managers: Up to three years, with the possibility of extensions up to a maximum of five years.
• Employees with specialized knowledge: Up to three years, with the possibility of extensions up to a maximum of five years.

Canada ICT Visa to PR Transition

Intra-company transferees can use their Canadian work experience to apply for Canada PR through the Express Entry system. After one year of work experience in Canada, you can improve your CRS score by 50 or 200 points. It also depends on their job offer and increases their chances of being selected from the Express Entry pool of applicants. Other potential pathways to permanent residence include the Provincial Nominee Program (PNP) and the Canadian Experience Class (CEC).

Is Canada Work Permit Transferable?

A Canada work permit is generally not transferable between employers. Most work permits are tied to a specific employer, which means you can only work for the employer mentioned on your work permit. If you want to change employers, you will need to apply for a new work permit.

However, if you have an open work permit, you are allowed to work for any employer in Canada, with some exceptions. Open work permits are not tied to a specific employer, so you can change employers without applying for a new work permit.

In the case of an Intra-Company Transfer work permit, it is a closed work permit, which means you can only work for the company specified on your work permit and cannot work for any other employer in Canada.

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