Intra-Company Transferees Eligibility Clarified

As a refresher, the Intra-Company Transferee (ICT) program under the Canadian Interests Labour Market Impact Assessment (LMIA) exemption lets Canadian companies bring highly specialized workers, managers and executives from their foreign offices to work in Canada on a short-term basis. It lets Canadian companies tap their global community for resources to meet specific business needs.

Key Takeaways

• ICT work permits issued in Canadian Interests will only be an option for entities currently operating in at least 2 countries;
• The wage offered to ICT workers must be at or above the prevailing wage for the occupation.
• The foreign worker must prove they have the work experience and education to perform the job in Canada.
• The work performed must create or maintain significant cultural, social or economic benefit to Canada.

What Were The Updates?

In addition to combining all the instructions on ICT work permits into one page so it’s easier to find the information, other updates include:

• A clear definition of a multinational company (MNC) and tips on how to check if a company qualifies as an MNC.
• More details on:
  • The work experience and employment an ICT needs to have to qualify.
  • Where ICTs need to work to meet the requirements.
  • The rules for switching to a different ICT category when applying for a new work permit.
  • The maximum time allowed for ICT work permits.
• The requirements for ICTs coming to Canada to start a new business (under administrative code C61).
• Gave more guidance on specialized knowledge, including:
  • Explained what “specialized knowledge” means.
  • How to check if an applicant has this specialized knowledge.
  • Stressed that applications for jobs with low skills should be reviewed carefully to ensure the person really has the required specialized knowledge.
• Clarity of wage requirements for ICT workers. 

What Do These Updates Mean For Workers Hoping to Come on an ICT Permit?

These updates place a higher burden on the foreign worker applying for the work permit. In addition to regular work permit documentation, when applying for an ICT work permit, foreign workers must clearly prove the following:

• Current employment in a multinational corporation (MNC) outside of Canada in an executive or managerial position or a role that requires specialized knowledge.
• At least 1 year of continuous employment in the last 3 years in a similar role.
• Work experience and education to perform the role being offered.
• A qualifying business relationship between the MNC they are currently employment with and the MNC in Canada they are being transferred to. 
• Proof that the MNC is operating in more than one country before establishing a presence in Canada.
• The move to Canada is temporary in nature. 

Why Were the Updates Needed?

In publishing the announcements, IRCC comments: As a reminder, the ICT category under the International Mobility Program is not intended as a means to transfer an enterprise’s general work force to affiliated entities in Canada.

This suggests that there was a certain level of abuse in using the ICT program as a means to avoid the traditional methods of hiring foreign workers. 

Are there Alternatives to the ICT Permit?

The ICT permit may provide a clear path for personnel transfer, but there are other paths. Companies have many different options available to them when transferring workers to Canada. 

These include the traditional LMIA route and other LMIA-exempt routes like the C20 reciprocal agreement permit, along with work permits available under International Free Trade Agreements.