Intra Company Transfer Program, Absolutely, Canadian immigration can indeed be quite a long and intricate journey. However, if you happen to be a business owner with aspirations of setting up shop in Canada, there’s a potential shortcut available for you: the Intra Company Transfer Program (ICT).
Back in 2016, the Canadian Immigration Authorities shook things up by tweaking the Express Entry system. This adjustment granted intra-company transferees the opportunity to rack up additional points towards their Comprehensive Ranking System (CRS) score, all without the hassle of needing a Labour Market Impact Assessment (LMIA). Since that pivotal moment, the ICT route has been gaining serious traction as a favored pathway to Canadian permanent residency for both business owners and their staff.
With ICT, entrepreneurs and key personnel have the chance to relocate to Canada, either to support ongoing operations in an existing Canadian division or to debut their business in the Canadian market. This program not only enables business owners to realize their expansion dreams within Canada but also serves as a gateway to Canadian permanent residency and, ultimately, citizenship.
About an Intra Company Transfer Program
The intra-company transfer program enables individuals to work in Canada on a temporary basis. Specifically tailored for Canadian Business Immigration, this program permits multinational corporations with a presence in Canada – be it a branch, parent company, affiliate, or subsidiary – to temporarily relocate foreign workers.
Under the intra-company category, international companies are authorized to temporarily move skilled employees to Canada. This initiative aims to bolster management efficiency, boost Canadian exports, and fortify competitiveness in global markets.
The admission of intra-company transfer adheres to the Immigration and Refugee Protection Regulations, alongside the overarching provisions outlined in this section. Additionally, it is complemented by clauses within international trade agreements, particularly for citizens hailing from signatory nations.
- Skilled intra-company transfer must obtain work permits, yet they are exempted from the Labour Market Impact Assessment (LMIA) under paragraph R205(a) (exemption code C12). This exemption is granted because these individuals contribute substantial economic value to Canada by sharing their expertise with Canadian enterprises. This policy extends to foreign nationals from all countries, including those covered under the General Agreement on Trade in Services (GATS).
- Paragraph R204(a) outlines the LMIA exemption code T24, specifically tailored for eligible intra-company transferees who are citizens of countries that have entered into a free trade agreement (FTA) with Canada, such as NAFTA (and similar FTAs). This provision serves to complement the general provisions of the Immigration and Refugee Protection Act.
- Intra-company transferees have the option to apply for work permits under the general provision if they are presently employed by a multinational corporation and intend to work in a parent, subsidiary, branch, or affiliate of that company.
- They are transitioning to an enterprise that shares a qualifying relationship with their current employer and will be engaging in employment at a bona fide and ongoing establishment of that company (where 18-24 months can serve as a reasonable minimum timeframe guideline).
- are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;
- Employees have been consistently engaged, either through payroll or contractual agreements directly with the company, and the company intends to relocate them outside Canada for a comparable full-time role (not aggregated part-time) for a minimum of one year within the three-year span preceding the initial application date.
- are coming to Canada for a temporary period only;
- comply with all immigration requirements for temporary entry.
What Are The Advantages of Immigrating to Canada Through ICT?
Successful entrepreneurs leverage their established business model to gain momentum in the Canadian economy. This not only boosts the reputation of their existing business but also offers valuable experience within the Canadian market.
This immigration pathway grants business owners the flexibility to select their preferred location in Canada for residency. In contrast to programs like Canada’s Provincial Nominee Programs, ICT doesn’t mandate eligible candidates to settle in a particular area. Entrepreneurs can freely establish their presence wherever they believe is most advantageous for themselves and their business endeavors.
Intra-company transferees also have the option to relocate their families to Canada with them. They will have access to Canada’s renowned healthcare system, including Medicare, along with free education for children and subsidized tuition for post-secondary education.
What Are the Requirements of Canada’s ICT program?
Employees who meet the criteria as intra-company transferees bring significant economic value to Canada by introducing their skills to the labor market. While the ICT program doesn’t necessitate employers to obtain a Labor Market Impact Assessment (LMIA), a Canadian work permit remains obligatory. Qualified intra-company transferees can obtain a one-year work permit for newly established affiliates/subsidiaries of overseas companies and up to three years for existing Canadian businesses, with the option to apply for permit renewal afterward.
These employees must hold an executive or senior managerial position or possess specialized knowledge crucial to the company’s operations. They must have been employed by the company’s overseas subsidiary for at least one year within the past three years.
Furthermore, the company must secure a physical location, such as an office or warehouse, to accommodate the business. A comprehensive business plan is also necessary to demonstrate the financial viability of the business and its capacity to contribute to and compete within the Canadian marketplace.
How ICT Can Provide a Pathway to Canadian Permanent Residency and Citizenship
After a year of successful operations in Canada, business owners categorized as executives will receive approximately 250 additional points (200 points for arranged employment plus extra points for transferable skills factors) towards their Comprehensive Ranking System (CRS) score. This effectively elevates them to the top tier of candidates within the Express Entry pool, virtually guaranteeing an invitation to apply for Canadian permanent residence.
Permanent residents who have resided in Canada for a minimum of three years are eligible to apply for Canadian citizenship. This entails meeting the physical residency requirements, demonstrating proficiency in one of Canada’s official languages (English or French), and passing a citizenship test showcasing a thorough understanding of various aspects of life in Canada, including citizens’ rights and responsibilities.
For business owners interested in immigrating to Canada, leveraging their successful business could be the most viable approach. By expanding business operations in Canada, entrepreneurs can establish both themselves and their businesses on an international scale, gain valuable experience in the Canadian market, all while working towards the ultimate goal of obtaining Canadian citizenship for themselves and their families.
Requirements for the company
Typically, the company must secure physical premises to accommodate the Canadian operation, especially in cases involving specialized knowledge. However, in specific instances involving senior managers or executives, it may be acceptable for the address of the new start-up to not be secured immediately. For instance, the company could utilize its counsel’s address temporarily until the executive can purchase or lease a premise.
- The company must furnish realistic plans to staff the new operation.
- The company must have the financial ability to commence business in Canada and compensate employees.
- When transferring executives or managers, the company must
- demonstrate that it will be large enough to support executive or management function.
- When transferring a specialized knowledge worker, the company must
- demonstrate that it is expected to be doing business;
- ensure that work is guided and directed by management at the Canadian operation.
Duration of work permits - Initial work permit: one year
- For renewals, evidence should be provided that the Canadian and foreign companies still have a qualifying relationship;
- Confirmation is required that the foreign national is presently employed by an international enterprise located outside Canada and is seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise in Canada.
For more information about the program, you are requested to take an appointment with ICCRC approved Immigration Consultant.