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Intra Company Transfer| Canada

Intra Company Transfer| Canada

intra company transfer canada

CANADA

Intra-Company Transfer

If you are employed as a manger, executive or in a specialized role in a company that has a branch, subsidiary or headquarters in Canada, you can apply for the Intra-Company Transfer (ICT) program. This type of work permit is fast tracked as specialized workers transfer their expertise and skills to the labor market in Canada. This in turn, benefits the Canadian economy significantly. Before applying for the Intra Company Transfer program, it is important to know the eligibility criteria and the documents you need to submit.

CANADA PROGRAM

Eligibility criteria for Intra-Company Transfer

Foreign workers who fall into any one of the below defined categories are eligible for Canada’s Intra-Company Transfer program.

  • Executives who direct the enterprise’s management or handle a major component of the company’s management with minimal, if any, supervision from senior level executives.
  • Senior managers who manage part of or the entire company, control or supervise other professional employees or managers
  • Workers who have ‘specialized knowledge’ of the company’s product or service, or possess advanced expertise or proprietary knowledge of the company’s processes and procedures.
  • Apart from meeting any one of the above criteria, workers or managers need to have worked full time at the foreign enterprise for a minimum duration of one year to qualify for the program.
  • The work that they will do in the company’s branch, subsidiary or headquarters in Canada must be comparable to their role in the foreign country. In other words, you will need to have been working full-time (30 hours in a week) in a similar position for one year at a minimum at the time of requesting transfer.

Requirements to be met by the company

The company needs to have physical premises for their Canadian operation. In certain cases for executives and senior managers, it is acceptable that the start-up address has not yet been secured. The company may use a temporary address till the premises is purchased or leased by the executive.

Apart from an address, the company has to provide realistic plans related to staffing the operation. Financial ability to pay employees and commence business operations in Canada will also have to be demonstrated.

When transferring managers or executives, the company has to show that it is large enough in order to support management or executive function. If a specialized knowledge worker is being transferred, the company needs to demonstrate that the work is directed and guided by the Canadian operations management.

Additionally, a qualifying relationship has to be demonstrated between the Canadian entity and the foreign company. The Canadian company has to be a subsidiary, parent, affiliate or branch of the foreign company. For instance, if the international company owns 50 percent of the Canadian subsidiary, the former controls the subsidiary. An affiliate means that another individual, group or company owns both the foreign company and the Canadian affiliate. A Canadian branch is the office or operating division of the multinational company in Canada.

CANADA PROGRAM

How to apply for Intra-Company Transfer

The first step involved in applying for Intra-Company Transfer is to ensure you and your company meet the above listed criteria. The processing time can range from two to ten weeks, while priority processing options available in some instances. You will need to prepare the following documents for the ICT program:

  • confirmation that you are currently employed at an international or multinational company outside Canada
  • You are being transferred to work in the multinational company’s subsidiary, branch, parent or affiliate in Canada;
  • Documents that show that you have been a full-time employee of the multinational company for one year or more within the last three years.
  • Documents that indicate your position or role in the company as a manager, executive or as a specialized knowledge worker (documents that show your position, place in the company, job description and title)
  • Evidence that you possess “specialized knowledge”, required by the position in Canada operations
  • outline of your position in Canada including title, position, and job description
  • duration of stay in Canada
  • documents that show the relationship between the company in foreign country and the one in Canada.

Compared to the LMIA route, the ICT process is typically cost-effective, simpler and quicker. Canada immigration experts at Niyama  Immigration can help streamline the process of applying and obtaining ICT. Contact us to know more about the ICT program.

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