Understanding the Intra-Company Transfer (ICT) Program in Canada

The Intra-Company Transfer (ICT) program in Canada, designated by LMIA exemption codes C12 and C62, facilitates the temporary relocation of key personnel from multinational corporations to their branches, affiliates, or subsidiaries in Canada. This initiative aims to bolster management effectiveness, boost Canadian exports, and enhance competitiveness in global markets.

Under the purview of Canadian Immigration and Refugee Protection Regulations, the ICT program enables qualified individuals to obtain work permits for employment in Canada without the need for a Labour Market Impact Assessment (LMIA). These individuals play pivotal roles in establishing or expanding corporate operations in the country.

Eligibility for the ICT program

Eligibility for the ICT program requires candidates to have been employed with the foreign company for at least one year preceding the application, in a position similar to the one they will undertake in Canada. The Canadian branch must demonstrate a substantial connection to its foreign counterpart, and positions filled must be executive, senior managerial, or specialized in nature.

Work permits granted under the ICT program are initially valid for one year, with the possibility of extensions for up to 5-7 years. During this period, documented time spent outside Canada can be reclaimed to ensure the transferee’s physical presence in the country aligns with program requirements.

For companies seeking to utilize the ICT program, several criteria must be met

  1. Secure physical premises for the Canadian operation.
  2. Develop realistic staffing plans.
  3. Demonstrate financial capacity to operate in Canada and compensate employees.
  4. Ensure the company size is sufficient to support executive or management functions, if applicable.
  5. Prove the expectation of ongoing business operations and the direct involvement of specialized knowledge workers.

These requirements necessitate the submission of a detailed Business Plan to substantiate the company’s intentions and capabilities.

For companies seeking to utilize the ICT program, several criteria must be met

  1. Establishing a corporation in Canada, with a local executive on the board.
  2. Drafting a comprehensive Business Plan for the Canadian entity.
  3. Providing a job offer letter outlining the position and salary based on the National Occupation Classification (NOC).
  4. Gathering documentation demonstrating the relationship between the foreign and Canadian companies over the past 4-5 years, including registration, financial, and tax records.
  5. Furnishing personal information of the foreign national.
  6. Applying for the Work Permit through the designated channels.

In conclusion, the ICT program serves as a vital avenue for multinational corporations to strategically expand their operations into Canada, leveraging the expertise of key personnel while navigating the intricacies of immigration regulations and business requirements.