Canada’s Intra-Company Transfer: Benefits and Pathway to Permanent Residency

Canada’s Intra-Company Transfer (ICT) program, part of the International Mobility Program (IMP), allows international companies to relocate their employees from foreign offices to Canadian branches.

This streamlined process enables companies to bring in executives, senior managers, and employees with specialized knowledge to help Canadian businesses benefit from global expertise and expand more efficiently.

The program provides a relatively straightforward path for foreign workers to obtain permanent residency in Canada. While a work permit is still required, a Labor Market Impact Assessment (LMIA) is not, given that bringing in highly skilled workers from abroad stands to benefit Canada’s economy.

Advantages for Employers and Employees

The ICT program is an attractive option for multinational companies looking to leverage global talent in Canada. Transferring personnel who are already familiar with the company’s culture and operations ensures more seamless business continuity across borders.

For employees, the program offers an opportunity to advance their careers internationally while gaining valuable experience in the Canadian market. Additionally, the program opens a potential pathway toward permanent residency.

However, meeting eligibility criteria and complying with immigration requirements are critical to a successful application.

Intra-Company Transfer Eligibility Criteria

To be eligible for the Intra-Company Transferee program, the Canadian company must either be a parent, subsidiary, branch, or affiliate of the foreign company where the applicant works.

Additionally, the applicant must have worked full-time for the company for a minimum of one year within the past three years.

Last but not least, the applicant should transfer as either an executive, senior manager, or employee with specialized knowledge.

Intra-Company Transfer Categories

Executives

Executives hold top-tier positions in the company and primarily direct the overall management or major functions of the organization. They establish goals and policies, and have the authority to make high-level decisions.

Examples of Roles:

• Chief Executive Officer (CEO)
• President
• Chief Operating Officer (COO)
• Vice President
• General Manager

Senior Managers

Senior managers oversee a department, division, or function within the organization. They supervise other managers or professional employees and have the authority to make key organizational decisions, including personnel decisions.

Examples of Roles:

• Operations manager
• Sales Manager
• Finance Manager
• IT Manager
• Marketing Manager

Employees with Specialized Knowledge

The criteria for specialized knowledge workers are more stringent. These are employees who possess specialized or advanced knowledge that is unique to the company’s products, services, or operations. Their knowledge or expertise must be proprietary to the organization, which means it is not easily transferable to other companies or found within the general labour market.

Documentary evidence such as a comprehensive resume, reference letters, support letters from current employers, and a detailed job description are needed to prove the employee’s expertise. They should detail the employee’s experience and accomplishments within the company, which further proves the importance of their role.

Examples of Roles:

• Software Developers or Engineers with in-depth knowledge of proprietary systems.
• Technical Experts in specialized machinery or equipment unique to the company.
• Subject Matter Experts (SMEs) who have been involved in the development of company-specific products, services, or operational processes.
• Consultants or Analysts with company-specific methodologies or systems knowledge.

Ineligible Roles

Lower-level management or administrative roles that primarily involve routine management or administrative duties without significant decision-making authority are ineligible for the ICT category.

In addition, general labour or non-specialized roles are excluded since they do not require specialized knowledge or expertise and can be easily filled in by local Canadian workers.

ICT Work Permit Duration

Executives and Senior Managers can get a work permit valid for up to seven (7) years, while specialized knowledge employees can get a work permit valid for up to five (5) years.

Get In Touch with Nihang Law

At Nihang Law, we understand how crucial it is to navigate the ICT process smoothly, especially for companies looking to maximize value by employing the best talent available and employees looking to establish roots in Ontario.

If you have any questions or need assistance with your work permit application, our Ontario-based team is here to help and guide you and make the transition seamless. Nihang Law offers personalized consultations to guide you through the entire process, ensuring you understand all the requirements and steps involved.

We invite you to contact us for more information or to schedule a consultation. Email us at info@nihanglaw.ca or call (416) 321-0353.