IRCC Canada Updates Requirements for Intra Company Transferee (ICT) Work Permit

On October 3, Immigration, Citizenship, and Refugees Canada (IRCC) announced significant changes to guidelines concerning Intra Company Transferees (ICT) making it more challenging for employers to secure work formats under the International Mobility Program (IMP)

The new guidelines highlight governed requirements for both employers and employees which include employers' need to demonstrate that they are a Multinational Corporation (MNC) and that employees must prove that they possess “specialized knowledge” that is essential for their roles.

The International Mobility program allows employers to facilitate Intra Company Transferees (ICTs) enabling them to obtain work permits for foreign nationals without the need for a Labour Market Impact Assessment (LMIA)

Updated Requirements for Intra Company Transfarees

The updated guidelines mandate officials must verify the foreign enterprise applying for an ICT, qualifies as an established Multinational Corporation. Specifically, they must confirm that the enterprise has revenue-generating operations in at least 2 countries before establishing a presence in Canada. The additional updates to the changes include:

• Clarifications regarding the definition of specialized knowledge and guidelines for assessing applicant's qualifications for specialized knowledge and the necessity of such knowledge for their positions.
• Revision to the eligibility criteria for foreign nationals applying for ICT.
• Consolidation of ICT instructions into a single page for ease of reference

Furthermore, the guidelines emphasized that ICTs should not be used as a means to transfer an enterprise's general workforce to affiliated entities in Canada. Officers are also reminded to include all relevant evidence for ICT application in the Global Case Management System GCMS

Canada Updates Related to Free Trade Agreements

In continuation with the changes to ICT guidance, IRCC has also revised staff documentation concerning several trade agreements linked to the International Mobility Programs including:

• Canada - United States - Mexico Agreement
• Canada - Korea Free Trade Agreement
• Canada - Peru Free Trade Agreement
• Canada - Columbia Free Trade Agreement
• Canada - Chile Retrade Agreement
• Canada - European Union: Comprehensive Economic Trade Agreement
• Canada - United Kingdom Trade Continuity Agreement
• Comprehensive and Progressive Agreement for Trance Pacific Partnership

The updates standardize the format for assessing ICTs across these FTAs integrating all related guidance into the ICT instructions for each equipment and creating individual pages for each temporary work provision.

IRCC Broader Reform Agenda

The current updates align with IRCCs broader efforts to scale back the temporary resident program supporting which the statement by Immigration Minister Mark Miller, specified the nation’s aim to reduce the proportion of temporary residents in Canada's population from 6.5% to 5% over the next 3 years

The upcoming Immigration Levels Plan said to be released on November 1 will mark the first instance of including targets for temporary residents outlining immigration goals for the upcoming year and professional targets for the subsequent 2 years.

Quick Reads:

• Canada Announces Changes to Spousal Open Work Permit
• New LMIA Exempted Work Permit For Tech Talent in Canada
• IRCC Canada Implements 24 Hour Work Week For Students
• IRCC Updates Spousal Open Work Permit Eligibility

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