Intra-Company Transfer (ICT)
Table of Contents
Intra-Company Transfer (ITC) Canada Work Permit – A Detailed Guide
The Intra-Company Transfer is an often overlooked but unique way to Canadian permanent residency for skilled entrepreneurs and workers at foreign companies alike.
Here is the complete guide to what an intra company transfer entails and why it is the best option for your business.
What is an Intra Company Transfer Canada work permit?
An Intra-Company Transfer Canada Work Permit is a special type of work permit that allows multinational companies to transfer employees from their foreign operations to their Canadian branch, subsidiary, or affiliate.
Canada is looking to bring in skilled workers and businesses. The Intra Company Transfer Work Permit is designed to help businesses move key employees to Canada to perform essential duties and contribute to the company’s growth in the Canadian market.
The ICT is also more flexible than other visa options. Unlike other Canadian work permits, the ICT work permit does not require a Labour Market Impact Assessment which can often be a lengthy and cumbersome process.
As long as the employee and employer meet the necessary eligibility requirements, the process for obtaining an ICT work permit can be streamlined.
Processing Time for Canada Intra Company Transfer Work Permit
The ICT work permit has generally fast processing times that range between two to ten weeks.
The processing time for a Canada ICT work permit can vary based on several factors, such as the applicant’s country of residence, the complexity of the case, and the specific visa office handling the application.
Premium services, such as expedited processing, can help shorten the waiting period, for an additional cost.
It’s also worth noting that processing times can be influenced by the type of application being processed. For example, if an applicant is already in Canada, they may be eligible to apply for an ICT work permit from within the country, potentially resulting in faster processing than if applying from abroad.
Validity of Canada ICT Work Permit
Typically, ICT work permits are issued for a duration of one to three years. However, the validity period of a Canada ICT work permit depends on the nature of the employee’s transfer and the type of job they will be performing in Canada.
For executives and senior managers, the work permit may be valid for up to three years, while for employees in specialized knowledge positions, the permit might be granted for a shorter period, usually up to one or two years.
The work permit is typically granted for the period required to fulfill the employee’s role, and it cannot exceed the duration of the work contract or assignment.
Renewal of Canada ICT Work Permit
If an employee’s assignment to Canada is extended beyond the initial period granted on their ICT work permit, they may be eligible to apply for a renewal.
The process for renewing the ICT work permit is similar to the initial application along with supplemental information such as proof of continued employment with the company, confirmation of the employee’s ongoing role, and details regarding the extension of the work assignment.
While there is no specific limit on the number of times an ICT work permit can be renewed, employees in specialized knowledge roles can typically only stay in Canada for a maximum of five years, whereas executives and senior managers may be eligible for a longer stay.
For those seeking permanent residence in Canada, the renewal of the ICT work permit is an essential step in maintaining legal status while transitioning to a permanent status.
Employee Eligibility for Canada ICT Work Permit
To qualify for an Intra-Company Transfer Canada work permit, an employee must meet several key criteria including:
Employment History
The employee must have been employed with the company for at least one continuous year in the last three years.
Position
The employee must be transferred to a position in Canada that is either an executive, senior managerial, or specialized knowledge role. These roles typically require the employee to have significant skills or experience that are not easily found within the local labor market.
Employer-Employee Relationship:
The employee must be transferring from an overseas branch, affiliate, or subsidiary of the same employer to the Canadian office. The relationship between the two entities must be documented.
Intention to Return
The employee must demonstrate the intention to return to their home country after completing their assignment in Canada. This requirement can be satisfied by showing ties to their home country, such as property ownership, family connections, or a job offer upon returning.
Employer Eligibility for Canada ICT Work Permit
For an employer to sponsor an Intra Company Transfer Canada work permit, they must meet several conditions.
Multinational Status
The employer must be a multinational company with a legitimate presence both in Canada and in the employee’s home country. This typically means that the company operates in more than one country and can provide supporting evidence of its foreign and Canadian operations.
Job Offer
The employer must have a clear and genuine job offer for the employee in Canada. This offer should be for a role that qualifies under the ICT program, such as a senior management or specialized knowledge position.
Business Activities
The employer should be actively engaged in business activities in Canada. This includes having established operations, such as a registered office, workforce, or business activities in Canada, and having the capacity to support the employee’s role.
Compliance with Employment Laws
Employers must comply with Canadian labor laws, including providing appropriate compensation and working conditions that align with Canadian employment standards.
Intra-company transfer job categories
Employees seeking an Intra-Company Transfer Canada work permit are typically required to fall into one of the following categories:
Executives
These are individuals with significant decision-making authority within the company, typically overseeing operations at a high level and responsible for large teams or entire branches.
Managers
Employees in managerial positions who oversee the company’s operations, manage teams, and make key business decisions.
Specialized Knowledge Workers
These are employees who possess specialized skills or knowledge that is not commonly found in the Canadian workforce. They are often essential to the company’s success and are crucial in specific technical or professional tasks.
ICT work permit to Canada PR
One of the key advantages of the Intra-Company Transfer Canada work permit is the potential pathway to permanent residence (PR). Employees on an ICT work permit may be eligible to apply for Canadian permanent residence through various immigration programs, such as:
Express Entry
Depending on the employee’s job experience, language proficiency, and educational qualifications, they may be eligible to apply for permanent residency under the Federal Skilled Worker Program, Canadian Experience Class, or Federal Skilled Trades Program.
Provincial Nominee Programs (PNPs)
Some provinces have specific immigration programs for workers with experience in high-demand industries. If the employee’s role aligns with provincial needs, they may be nominated for permanent residence.
Canadian Experience Class (CEC)
Employees who have worked in Canada on an ICT work permit may qualify under the Canadian Experience Class if they have gained sufficient work experience while in Canada.
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