The Intra-Company Transfer program is meant for individuals transferred to the Canadian branch. This is a temporary transfer to a parent company, subsidiary, and foreign employer’s affiliate.
Overall, foreign nationals can access Canadian work permits through various ways and get to work in Canada. However, one of the best ways to get a work permit is through the ICT program.
Intra-Company Transfer program- its fundamental requirements
Foreign national workers must consider the following fundamental requirements to acquire a Canadian work permit:
- This work permit comprises work permits without needing a Labour Market Impact Assessment.
- Applicants must ensure that their work type in Canada is either at the managerial or executive level or their job involves expert knowledge. Becoming eligible for this will deem the person fit under the LMIA exemption category.
However, managerial positions have two classifications: Senior and Functional.
- Senior Managers– Workers responsible for fully or partially managing the company. They even work as supervisors for other managers or professional workers.
- Functional Managers– They don’t essentially handle the worker’s management but tend to look after one specific function responsible for accomplishing the company’s aims.
Executive Positions
An employee working at an executive level is primarily responsible for managing an enterprise or handling its significant part.
Workers with employment in positions involving specialized knowledge demand expert knowledge of the products, services, processes, etc.
Intra-Company Transfer program- eligibility requirements
The ICT program involves different sets of requirements.
Employees’ eligibility requirements under the ICT program
Employees will essentially have to meet the following criteria to gain eligibility to move to Canada as an Intra-Company Transfer.
- They must have current employment at a foreign MNC that seeks to transfer foreign national workers to Canada.
- The transferee company and the present employment company of the person need to maintain a qualifying relationship with each other.
- The employment transfer must be done at an authorized and established company in Canada.
- To enter Canada temporarily for the transfer, the employee must adhere to all Canadian immigration formalities.
- The minimum work experience for the employee must be full-time and continuous for one year. Additionally, the current position must be competent with the one in Canada. Ensure that the work experience is within the last three years.
However, the final list of requirements includes a few exceptions; they’re as follows:
- Exceptional instances include part-time employment at a foreign MNC. In such a case, IRCC will consider other factors, such as the total number of work experiences under the foreign company. Other crucial factors involve any signs that the company intends to violate the use of an ICT work permit or the work permit’s extent.
- The second exceptional case is where the foreign MNC involves a merger or acquisition. In such a case, the employee will not have to show a one-year work experience in the company. However, he will have to show a one-year work experience with the affiliates in the last three years. The individual must demonstrate that he is well accustomed to the company’s assets, liabilities, and obligations and would follow the same in the company branch.
ICT- Standard Company’s eligibility
Companies must adhere to certain eligibility criteria while transferring employees to Canada through the ICT program. They’re as follows:
- Any multi-national foreign company looking forward to a Canadian work permit using the ICT program must ensure to have a relationship with the Canadian company. For instance, it must comprise a branch company, affiliate, subsidiary, etc.
- The Canadian company hiring a foreign national worker must have its working process in Canada instead of simply being physically located in the country.
- The Canadian company and foreign company must also have an ongoing business. This further implies that the exchange of goods and services must take place regularly in these companies.
ICT program- eligibility criteria for start-up companies
Apart from the eligibility for standard companies, there are specific requirements for foreign companies looking forward to getting more employees (using ICT) to start a new business in Canada.
Usually, ICT applicants who are successful in their start-ups receive a temporary work permit for one year. Moreover, applicants can renew their work permits if the company and the Canadian organization have a qualifying relationship with one another. Also, it must actively have an ongoing business.
Additionally, start-up companies can access ICT work permits if they can prove their potential to flourish in Canada.
However, a company will have to fulfill the following requirements in order to demonstrate its potential:
- The company has all the finances to support the start-up expenditure involved in operating the company. It must have the potential to make amends for the employees.
- Companies must have a business plan to add more staff to the ongoing operations and must continue with Canadian business.
- The organization must be able to demonstrate its capacity to have a physical location set up.
- Displaying that the company operates on a larger scale and has the capacity to support the managers and executives being transferred to the Canadian branch company.
- Presenting proof that the company will operate through an ongoing business. Additionally, the Canadian management will look after the work in Canada and direct and supervise it.
