This program allows high-skilled foreign nationals from multinational companies to work temporarily in Canada. It provides an LMIA-exempt work permit for foreign nationals transferring to a Canadian location within their company. It applies to employees at the executive, senior managerial, or specialized knowledge level.
Eligibility to apply for the ICT Program
The ICT Program welcomes individuals across three primary categories:
- Business Owners, Entrepreneurs, and Shareholders: This group encompasses individuals currently in executive positions within prosperous companies abroad. They aim to continue their leadership roles within Canada’s expanding operations.
- Senior Managers and Functional Managers: Eligible individuals in this category hold managerial positions within foreign companies. Their intention is to transition into similar roles within Canadian operations, contributing to the management and function of the business.
- Key Employees with Specialized Knowledge: This category includes employees possessing advanced and unique expertise crucial to the business. Their specialized knowledge enhances the effectiveness and success of Canadian operations, making them integral to the ICT Program.
Requirements for the Intra Company Transfer (ICT) program in Canada
To apply for the ICT Work Permit (WP) and expand their business to Canada, entrepreneurs must meet specific criteria:
- Operational History: The home company must have been operational for at least 12 months, preferably 3 years, before expanding to Canada.
- Financial Stability: The home company should be financially sound and capable of supporting its operations in Canada.
- Work Experience: Applicants seeking an ICT WP must have worked or been engaged with the home company for at least 12 months within the past three years before applying for immigration.
- Corporate Relationship: The home company must have a relationship with the Canadian entity, either as a parent, subsidiary, or affiliate company.
- Viability and Job Creation: Canadian operations should be viable, resulting in job creation for Canadians.
Factors assessed by immigration officers
- Business Plan: A comprehensive business plan demonstrating the viability of Canadian operations, revenue generation, and ability to cover costs and employee compensation.
- Job Creation: Confirmation that the expansion will create job opportunities for Canadians.
- Need for Management: Evaluation of whether the company will require executives or managers in Canada.
Investment required for Business
While there is no set amount, you’ll need to prove your business is financially healthy. Typically, you should show:
- Good Sales: Your company should make around $250,000 a year in sales to prove it’s doing well.
- Cash Access: Have at least $100,000 in easy-to-use cash to cover costs for the first year.
And, it’s smart to have more money available if needed to keep your Canadian operations running smoothly beyond the first year.
Application Process
The application process may vary depending on your nationality. Citizens of certain countries may benefit from agreements with Canada, resulting in a smoother immigration process under the ICT program.
Eligible candidates can submit work permit applications for an LMIA-exempt work permit. However, LMIA may be required in certain cases.
Application submission locations include Canadian Port of Entry (POE) if you are a citizen of a visa-exempt country, Visa Application Centre (VAC), and online.
Steps Involved
- Confirm Eligibility: Before applying for any immigration program in Canada, ensure you meet the eligibility criteria.
- Develop a Strategy: Create a solid plan on how to present your case effectively to the Canadian immigration authorities.
- Gather Strong Evidence: Collect compelling evidence to support your immigration application. Include detailed explanations of how you meet the eligibility criteria and why your presence in Canada is necessary.
- Register Your Company: Establish your company in Canada as a parent, subsidiary, or affiliate of your home company.
- Prepare a Business Plan: Craft a detailed business plan outlining your proposed activities, market research, and strategies for running a profitable operation in Canada. Include hiring plans and cash flow projections for at least 2-3 years according to industry standards.
- Collect Required Documents: Gather all necessary documents, such as bank statements, articles of incorporation, and evidence of investment funds, to prepare your work permit application.
- Submit Your Application: Once everything is in order, submit your work permit application and await a decision.
Work Permit Duration
- Work permits are typically issued for 1-2 years, extendable for up to 5 years for specialized knowledge workers and 7 years for executives and managers.
Transition to Permanent Residency
- After a year of full-time work in Canada, ICT holders can apply for PR through Express Entry.
- Job offers from their Canadian employer can earn them 50 or 200 extra points.
- These points boost their CRS score, increasing their chances for selection.
- Selected individuals receive an invitation to apply for PR from immigration authorities.
FAQs
Who is eligible for an LMIA-exempt work permit as an intra-company transferee in Canada?
Foreign executives, senior managers, or specialized personnel with one year's experience.
How are executive capacity, managerial capacity, and specialized knowledge defined in the ICT program?
Executive capacity refers to individuals who direct management, establish goals and policies, exercise discretion, and receive general supervision. Managerial capacity involves managing the organization or department, supervising and controlling work, having authority over personnel actions, and exercising discretion. Specialized knowledge requires proprietary knowledge related to the company's product or services, gained through significant and recent experience contributing to the employer's productivity.
What's the minimum employment duration for intra-company transferees?
One year within the past three years with the same multinational company.
What is required for a multinational company to qualify for Intra-Company Transfers in IMP?
Parent/affiliate relationship, active engagement, LMIA-exempt eligibility. Pay $230 CAD employer compliance fee. Submit job offer through IMP’s Employer Portal.
Is there a specific cost for participating in an intra-company transfer program in Canada?
No specific fee, show sufficient funds based on business scale.
Can my spouse accompany me to Canada if I obtain an Intra-Company Transfer work permit?
Yes, your spouse can accompany you to Canada. Spouses of ICT work permit holders are eligible for open work permits, allowing them to work for any employer in Canada.
Can my children accompany me to Canada if I obtain an Intra-Company Transfer work permit?
Yes, your children can accompany you to Canada. They will be eligible to attend public schools while residing in Canada with you under the ICT work permit.
What is the success rate of Intra-Company Transfer applications?
Approval rates vary by processing center, about 80-90 percentage
Is there an obligation to pay Canadian wages to intra-company transferees?
While paying Canadian wages is not mandatory, it's advised to align with local standards. Executives can receive salaries from the home company if desired.
Can my permanent residency application be denied under the ICT program?
PR applications can be rejected for various reasons, but compliance with program requirements can mitigate risks.
Is there a minimum residency requirement for the managers and senior executives under the ICT work permit in Canada?
No, managers and senior executives can maintain their principal residence in their home countries while conducting business in Canada.
Are all participants in the ICT program required to relocate to Canada during their employment?
No, while managers and senior executives can operate their Canadian businesses remotely, other key personnel must relocate to Canada for the duration of their employment.
Can my company in Canada have a different business than my home company’s business under the ICT program?
There is no requirement for identical businesses, but similarity is advised to avoid scrutiny regarding business genuineness or applicant suitability.
What is the duration of the initial Intra-Company Transferee work permit?
Typically, the initial Canada ICT work permit is granted for 1 year, extendable up to 2 years in some cases if the Canadian company is a subsidiary.
Is it possible to renew it before expiration?
Renewals are possible for up to 7 years, meeting program requirements.
Is it mandatory to submit a business plan with my application for work permit under ICT?
No, it is not mandatory to submit a business plan with your application for work permit under ICT.
What happens if my company fails to meet these targets?
Meeting business plan targets is not obligatory, but it demonstrates preparedness. Failure to meet them does not impact your work permit, but having a plan is recommended.
What if my Canadian company does not make profits in the initial year?
Profitability is not mandated initially. Active engagement in business, a physical location
How many Canadians I shall have to employ in business Canada?
You are required to employ at least one Canadian Permanent Resident or a Citizen of Canada.
How can I transition from an ICT to PR status in Canada?
Transitioning to PR can be pursued through programs like Express Entry, leveraging work experience and other strategies.
Is an ICT considered an open work permit?
No, ICT is tied to a specific employer and role, unlike open work permits
What constitutes a qualifying relationship in the ICT program?
A qualifying relationship refers to the connection between the Canadian company and the foreign enterprise where the foreign national is employed. This relationship can take the form of subsidiaries, branches, affiliates, or when one company acts as the sole parent of another.
Why is a qualifying relationship necessary for an ICT application?
Establishing a qualifying relationship ensures the legitimacy of the intra-company transfer. It confirms that there's a genuine connection between the Canadian company and the foreign enterprise, validating the purpose of the employee's relocation to Canada.
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