Intra-Company Transfer

Intra-Company Transfer (ICT) Work Permit:

A Guide for Employers and Employees

The Intra-Company Transfer (ICT) work permit allows multinational companies to transfer their employees to work in Canada. This program is designed for employees who are part of an international company and need to temporarily work at a Canadian branch, subsidiary, or affiliate.

Overview of the
Intra-Company Transfer (ICT) Work Permit

The Intra-Company Transfer (ICT) Work Permit allows employees of multinational companies to transfer to a Canadian branch. It supports business growth while enabling skilled professionals to contribute their expertise in Canada.

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Eligibility Requirements for Employees

To qualify for an Intra-Company Transfer work permit, the employee must meet the following criteria:

1. Employment at a Multinational Company

• The employee must work for a foreign company that has a branch, subsidiary, or affiliate in Canada.
• The employee must be transferred to the Canadian branch, subsidiary, or affiliate of the company.

2. Job Position

• The employee must be coming to Canada to work in a managerial, executive, or specialized knowledge role.
1. o Managerial: Overseeing the operations and employees of the business.
2. o Executive: Having significant decision-making authority and the ability to direct the organization.
3. o Specialized Knowledge: Possessing advanced skills, knowledge, or experience that is essential to the company’s operations in Canada.

3. Work Experience

• The employee must have been employed by the foreign company for at least 1 year out of the last 3 years in a similar managerial, executive, or specialized knowledge role.

4. Temporary Stay

• The employee must be coming to Canada on a temporary basis to fill a position with the Canadian company.

5. No Impact on Canadian Labor Market

• Intra-Company Transfer work permits are exempt from the Labour Market Impact Assessment (LMIA) process, meaning that the employer does not need to prove that there are no qualified Canadian workers available for the position.

Employer Requirements

The employer in Canada must meet the following conditions:

• Be a qualified business with a valid Canadian branch, subsidiary, or affiliate of the foreign company.
• The business must be actively operating and capable of providing a full-time position for the employee.
• The employer must comply with Canadian labor laws regarding wages, benefits, and working conditions for the employee.

Types of Intra-Company Transfer Work Permits

1. Executive/Managerial Transfer

o For employees who are being transferred to executive or managerial roles at a Canadian branch of the company. These positions involve directing or overseeing operations and employees.

2. Specialized Knowledge Transfer

o For employees with specialized knowledge related to the company’s operations. This could include technical skills, proprietary knowledge, or unique expertise essential to the company’s success.

Application Process

1. Employer's Role

o The Canadian employer must first ensure that the employee meets the requirements for an intra-company transfer and is eligible for the work permit.
o The employer does not need to apply for an LMIA but must ensure they meet compliance standards and support the employee’s application.

2. Employee's Role

o Apply for the Work Permit: The employee applies for the work permit at a Canadian visa office (if outside Canada) or through IRCC (if inside Canada).
o The employee must provide:
1. Proof of employment with the company for at least 1 year.
2. Job description detailing the executive, managerial, or specialized knowledge role.
3. A letter from the company detailing the nature of the transfer.
4. Evidence of the company’s operations in Canada (proof of Canadian office, registration, etc.).

3. Document Requirements

o Employment Letter: A letter from the employer that outlines the role, responsibilities, and length of employment.
o Proof of Company Relationship: Documentation showing that the Canadian branch, subsidiary, or affiliate is part of the same multinational company.
o Job Description: A detailed description of the job position the employee will hold in Canada, outlining the responsibilities and how it fits into the business structure.
o Proof of Business Operations in Canada: Evidence that the Canadian business is operational and can provide the job for the employee.

4. Submit the Application

o The employee can submit the application online or at a Canadian Visa Office (if applying from outside Canada).
o Pay the work permit fee: $155 CAD (subject to change).

5. Processing Time

o Processing times vary depending on the applicant’s country of residence and whether the employee is applying from within Canada or abroad.

6. Decision and Work Permit Issuance

o If the application is approved, the employee will receive a work permit allowing them to work at the Canadian branch, subsidiary, or affiliate for the duration of the transfer.

Duration of Intra-Company Transfer Work Permit

• The initial work permit is generally issued for a period of up to 1 year for employees in specialized knowledge positions.
• Executives or Managers may be granted a work permit for up to 3 years.
• The total duration of the work permit cannot exceed 7 years for executives and managers, and 5 years for specialized knowledge workers.

Extension of Intra-Company Transfer Work Permit

Employees can apply for an extension of their work permit if they continue to meet the eligibility requirements. Extensions are typically granted if the employee still holds an executive, managerial, or specialized knowledge role, and the company is still operational in Canada.

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