The ICT program is one of Canada’s most popular pathways to come and work as a foreigner. It is a business program that allows high-skilled international individuals to temporarily work in Canada as an Intra-Company Transferee (ICT). Then, if a multinational company has a branch or subsidiary in Canada, they can transfer specialized workers to the Canadian location.
One of the main benefits of the ICT program is that it does not require employers to obtain a Labour Market Impact Assessment (LMIA) because they are providing crucial economic benefits to the Canadian economy.
Intra-Company Transferee Categories
Under the ICT program, a foreign worker must fall into three defined categories.
- Executive
- Senior Manager
- Worker with specialized Knowledge.
Executive Category
For this position, a person must meet at least some of the following criteria to qualify:
- Leads the organization’s management or a significant function of the company.
- Someone who establishes the goals and guidelines of the organization, component or any process.
- It is a person who has a wide margin in decision-making.
- It receives only supervision or direction from its board of directors or stockholders.
Senior Manager Category
To qualify under this position, the candidate must meet some or all the following criteria:
- Must be someone who supervises the organization, a department, or a subdivision.
- Manage and controls other supervisors or managerial employees. Or someone who manages an essential function or a department.
- Someone with authority to hire or fire employees.
Exercises discretion over the day-to-day operations for which has the control.
Specialized Knowledge
A position with “specialized knowledge” needs proprietary knowledge and advanced expertise.
Proprietary knowledge: It is specific expertise linked to a product or service of that company. It means that the company hasn’t revealed specifications that would let the competition imitate them.
Advanced expertise: It is is achieved after long experience with the organization.
ICT Program – General Requirements
The following conditions are essential to qualify under the ICT program.
- The applicant must be currently working with a foreign company and looking for entry to Canada in a parent or branch of that company.
- The transfer person must be moving to a company with a qualifying relationship to execute work at a legitimate and constant establishment.
- Under the ICT program, candidates must be transferred to an executive, senior managerial, or specialized knowledge position.
- The candidate must have been working continuously in the company that’s offering the moving for at least one year. It should be at a similar job position.
- It allows the applicant to come to Canada for a temporary period only.
Company Requirements
- The firm must guarantee physical premises to place the Canadian operation, especially in the case of specialized knowledge. However, in particular cases, including senior managers or executives, it might be acceptable that the new business address is not yet secured.
- The company must provide realistic plans to staff the new operation.
- The company must have the economic capacity to start a business in Canada and pay employees.
- When moving executives or managers, the company must prove that it will be large enough to support its function.
- When transferring a specialized knowledge worker, the company must show that work is led and directed by management at the Canadian operation.
Documentation Requirements
Some crucial documents a candidate needs to qualify under the Intra-Company Transferee (ICT) program are.
- Prove the applicant is already working for that multinational company outside Canada and is attempting to work in a parent or affiliate located in Canada.
- Confirm that the foreigner worker has been employed continuously by the multinational company overseas, in a similar full-time position, for at least 12 months.
- Describe the applicant’s as an executive, managerial position or specialized Knowledge. It has to include the position, title and job description.
- Moreover, in the case of “specialized knowledge”, prove the person has that special knowledge required by the Canadian business.
- Describe the position in Canada. Include name, role in the business, title, and job description.
Processing Time
Nowadays, the average processing time for the ICT program is 3 to 12 weeks. However, some cases may be processed faster because they are from visa-exempt countries.
ICT Program- Questions and Answers
Can my company in Canada participate in a different type of business from my home company under the ICT program?
Generally, there is no legal requirement that both companies take part in the same type of business. Still, we recommend that both companies activate similar firms in the same industry.
What if the company cannot fulfill the targets arranged in the business plan?
Business owners won’t be accountable if they cannot satisfy the goals set out in the original business plan. Indeed, a business plan proves that, before coming to Canada, the company did appropriate research to support the foreign company’s legitimate intentions. Therefore, we suggest developing a business plan for your ICT program application.
Is it possible to work for another company while keeping a work permit under the ICT program?
The answer is No. ICT work permits will only allow the holder to work for one company in Canada. Then, you cannot move to another job in Canada.
What happens if the Canadian company is not rewarded in the first year?
There is no legitimate requisite to be profitable. Still, the company must be active in doing business. It means providing services or goods to its customers in Canada. Also, the company must own a physical location and hire at least one permanent resident or Canadian citizen.
Do Intra-Company transferees need to provide English/French language test results under the ICT program?
Business owners do not need to provide any evidence of language skills.
Can family members join the principal applicant in Canada?
Yes. Under the ICT program, foreign employees may bring their spouses and children to Canada. As a result, spouses can get an open work permit, and children can attend public schools for free. Also, the applicant and his family will have access to free health care.
Is it mandatory to apply for permanent residency after one year of work experience in Canada?
There is no commitment to applying for PR after one year of work experience in Canada. Therefore, if you want to continue, you can renew your ICT work permit to continue as a temporary international worker.
However, if you want to be a Canadian permanent resident, you can apply 12 months after working in Canada. Still, applicants must meet the eligibility criteria of any immigration program to receive an Invitation to Apply for their permanent status.