Intra-Company Transfers
Intra-Company Transfers company in Canada ICT ICT - Intra Company Transferee Program Intra Company Transfers
The Intra-Company Transfer Program allows running companies from outside Canada to transfer qualified employees to the country with a temporary work permit. The ICT program was created to facilitate business immigration by starting up a company in Canada or expanding the current international business.
Intra-Company Transfer
Intra-Company Transfer
The ICT program was created to facilitate immigration by starting up a business asset in Canada or expanding your current international business.
The work permit you obtain with this program is LMIA-exempt. Even this program wasn’t created as a pathway for permanent residence; with the ICT Program, you and your family could immigrate permanently after getting a valid work permit. With this program, your spouse is eligible to have a work permit, and your children can have free health, education and more benefits.
How to apply Intra-Company Transfer ?
ICT transferees may apply for work permits according to their circumstances of employment, qualifying relationship and job position.
Applicants:
You are currently employed or have worked one year in the last three years in a multinational company.
You are looking to enter Canada to work in a subsidiary, branch or affiliate of that company.
You have been continuously employed for the Company that wants to transfer you to a similar full-time position for at least one year.
The company you are transferring to in Canada has a qualifying relationship with your current work.
You will work at that company for at least 18 – 24 months.
You transfer to work as an executive, senior manager, or specialized knowledge capacity.
It’s important to know that even if you don’t have all the previous qualifications, other factors can still be evaluated for this ICT option.
Requirements for companies and applicants
Under the Intra-Company Transfer , work permits are usually for three years, with a renewal option for five years for specialized workers and seven years for managers.
To renewal the work permit, you must prove the following statements:
Qualifying Relationships: Canadian and foreign companies still have a qualifying relationship.
Operational: The new office continuously provided products and services in the last year.
Job Creation: The new office is staffed.
ICT Program Qualifying job positions
Company Requirements
Physical Location:
• The company must secure the physical location of the Canadian operation.
• Senior managers may be allowed to provide their lawyer’s address until they can buy or rent.
Business Plan:
• The company must prove the actual plan to staff the operation.
Financial Ability:
• The Company must be able to establish itself in Canada.
• Have financial capability.
• Compensate employees properly.
Size :
• If Transferring managers and seniors must prove, it will be large enough to support their job.
• If transferring specialized workers, the Company must demonstrate they will work on their business and be guided by the Canadian operation.
Foreign Worker Requirements :
• Confirm the person is currently employed for a multinational company outside of Canada and looking to work at a branch or affiliate.
• Prove the foreign employee has been working for the company in a similar full-time position for at least one year within the last three years.
• Description of the applicant’s role as an executive capacity or specialized knowledge.
• Education/Credentials: In the case of “specialized knowledge,” evidence that the person required knowledge.
• Outline the position in Canada (position, title, place in the organization, job description).
• Indicated the duration of stay of at least 18-24 months.
• Description of the relationship between the Canadian enterprise and the enterprise in the foreign country.
Qualifying Relationship between the companies
Business:
Both companies, the Canadian and the foreign, must be legal and have a branch or affiliate relationship and be doing business.
Operational:
Doing regular business and providing services in Canada and foreign companies during the duration of the Intra-Company Transfer. Proof with annual reports, profits, or agreements.
Qualifying relationship remains:
The Canadian and foreign companies must continue to define parent, affiliated or branch companies. If the companies no longer meet the requirements, any foreign Intra-Company Transferee currently working won’t be able to continue working for the new company. In case the qualifying relationship remains, foreign workers can keep working.
Qualifying Relationship Between the Employer and Foreign Worker
The Canadian Company Must Exist: Determine the actual relationship between the employer and the employee, in the order of their rights and performance control.
Evidence: Proof of the legal paperwork and documents of the employee.
Work Permit Duration and Renewal
The work permit for ICT is usually for three years, with a renewal option for five years for specialized workers and seven years for managers.
To renewal the work permit, you must prove the following statements:
Qualifying Relationships: Canadian and foreign companies still have a qualifying relationship.
Operational: The new office continuously provided products and services in the last year.
Job Creation: The new office is staff.
ICT Program Qualifying job positions
• Executives and Senior Managers.
• Functional Managers.
• Specialized Knowledge Workers.
• Proprietary Knowledge.
• Advanced Expertise.
Intra-Company Transfer Benefits
• This program doesn’t require a Labor Market Impact Assessor (LMIA) to establish or launch the Canadian operations of an existing international company.
• The Intra Company Transferee program provides a one-year temporary work permit in Canada.
• With the Intra Company Transferee Program, your spouse is eligible to have a Canadian work permit and your children’s study permit.
• After getting a valid work permit, you and your family can apply to get Permanent Residency.
Frequently Asked Questions
Does the ICT apply for PR?
Canadian job experience under the Intra Company Transferee Program is eligible under Express Entry and will increase your CRS score.
Is the ICT temporary Canadian work permit renewable?
It can be renewed if the companies maintained a qualifying relationship and did business continuously.
Does the Intra Company Transferee Program need LMIA ?
No, it is not required.
Intra-Company Transferees Processing Time
The processing times for an Intra-Company Transferee work permit depend on the applicant’s country of residence. Applicants who are also eligible under the Global Skills Strategy qualify for expedited 2-week processing.
What is the NAFTA Intra-Company Transfer?
The program is similar to the Intra-Company Transfer work permit under the Canada-United-States-Mexico Agreement.
It focuses on American and Mexican enterprises with a qualifying relationship with an affiliate or parent company in Canada. Employees eligible for this program are exempt from the LMIA requirement.
How to apply Intra-Company Transfers program
• The candidate must be employed or have worked one year in the last three years in the foreign Company.
• The candidate must have received an offered position to work in a subsidiary, branch, or affiliate of the foreign Company.
• The candidate has been continuously working for the foreign Company in a similar full-time position for at least one year.
• The candidate is transferring to have a senior executive role, manager or specialized knowledge professional.
• The Canadian Company needs to demonstrate a qualifying relationship with its foreign counterpart.
• The candidate will work at the Company in Canada for at least 18 – 24 months.
Who is Eligible for the IIntra -Company Transfer as an Employee?
You need to:
• Work at a company with a branch, subsidiary or affiliate in Canada
• Have a qualifying relationship with the company
• Be at an executive level, a senior management level, or a position that requires specialized knowledge
• Have been working at the company for 1 year in the last 3 years
Your position at the company must be:
Executive Level: Executives are responsible for a big part of the company and have general supervision.
Senior Management Level: Primarily in charge of the overall management of the company or other employees.
Specialized Knowledge Workers: Must demonstrate you have advanced expertise in the products or services offered.
What are the Requirements for the Intra-Company Transfer as a Business?
If you want to transfer your qualified employees to Canada, you must be actively engaged in business with your branch in Canada.
You have to prove you had continuous operations in the last year
Evidence that your company in Canada is staffed.
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