How to get a Canadian Work Permit via Intra-Company Transfer?
Those who are foreign workers who want to get a temporary work permit in Canada to transfer themselves to the employer’s affiliated company, branch, sister concern, parent company, or subsidiary in Canada may apply for an intracompany transfer (ICT) work permit. This visa is to allow multinational corporations to transfer essential staff to their firms in Canada to enhance the use of their expertise. This paper explains the conditions for the ICT work permit, how to apply for it, and the advantages of obtaining it. From a manager’s perspective, an executive, or anyone with special knowledge, knowing about the ICT work permit can assist one in getting a job in Canada.
Understanding the ICT Program
To prepare for obtaining a work permit with the help of intra-company transfer (ICT), two main factors need to be considered:
1. Exemption from Labour Market Impact Assessment (LMIA)
The ICT program permits do not require an LMIA, a fact that has put in place the following processes: This exemption makes it easier for any employer moving an eligible employee to Canada to avoid meeting the test, which requires that the hiring of a foreign worker will not have any negative impact on the Canadian labor market.
Note: LMIAs are documents that are sought by employers to avoid a scenario in which the hire of a foreign national may hurt the Canadian labour force.
2. Eligibility Based on job nature
To be eligible for the ICT program, the applicant’s work in Canada must be classified as “managerial, executive, or involving specialized knowledge.” Canada defines these roles as follows:
- Managerial Positions:
- Senior Managers: Managers in charge of all or a segment of the business and directing or overseeing other managers and other professional employees.
- Functional Managers: Hospitality workers who are in charge of a particular function that is vital for the company’s objectives, irrespective of supervising other employees.
- Executive Positions:
These roles entail individuals who are mainly responsible for the management of an organization or substantial sections of it.
- Positions Involving Specialized Knowledge:
These positions assume that employees are highly skilled and possess unique information about the organization’s offerings, functions, and strategies.
Find out if you are eligible to get in Canada →
Who is eligible for an ICT Work Permit?
Several factors regarding ICT work permits have to do with the employees, the existing companies, and the start-ups or established firms that apply. Here are the unique eligibility requirements for each:
Employee Eligibility for an ICT Work Permit
Employees seeking an ICT work permit must:
- Currently an employee of a foreign multinational company (MNC) that intends to transfer them to Canada.
- Be transferred to the domicile of their employer, where it can be a branch, parent company, subsidiary, or affiliate based in Canada and hence identifiable.
- Be engaged in the legal and continuous business of the company located in Canada.
- Observe all the transient measures about immigration to Canada.
- Have been employed full-time for not less than one year consecutively (in the last three years) in an occupation that is deemed similar to the one that they will be assuming in Canada.
Exceptions to Full-Time and Continuous Employment: Teachers’ professional autonomy has been established, saying that teachers have certain prerogatives that are exclusive to them and which pupils themselves do not desire.
In some cases, the criteria of full-time work and one continuous year of employment may not apply:
A. Part-Time Employment:
If the employee worked part-time for their foreign MNC, Immigration, Refugees, and Citizenship Canada (IRCC) may consider:
- The number of years of total experience the employee has in his or her MNC.
- The comparability of their foreign status with the one in Canada.
- Whether it is a full-time job or they are employed part-time.
- Whether the company seems to be abusing the ICT program.
B. Corporate Acquisition or Merger:
If there has been a recent corporate acquisition or merger involving the foreign MNC, the “one continuous year” criterion can be waived if:
The new corporation’s employee has previously worked for an affiliate company for at least one year within the three years preceding the merger.
Note: For one to obtain an ICT work permit, the resulting corporation from an acquisition or merger must prove that it has assumed the interest and obligations of the original company, owns all the assets and assumes all the liabilities of the original company, and is used by the new corporation for the same type of business as the original company.
Eligibility for an ICT Work Permit for Established Companies
For established companies to qualify for an ICT work permit, they must:
- Set the scene as if it is a foreign multinational company (MNC) that has a subsidiary in Canada.
- Forced transfers of foreign national employees must be to a company that is in business in Canada and not just represented by an office in that country.
- Have the two entities be substantially involved in business with the Canadian company receiving the ICT work permit applicant, ensuring that the flow of goods and services between the two is constantly transpiring.
Eligibility for an ICT Work Permit for Start-Ups
The following is the requirement for key employees of a foreign multi-national company (MNC) that wants to start a new business in Canada and has employees transferred through the ICT program. As for the start-up ICT work permit, it is issued to organizations that can provide evidence of the organization’s capacity to effectively set up a venture in Canada.
The start-up must:
- Ensure that startup expenses, such as wages for employees, are well financed.
- Therefore, give the details of the business plan on staffing and how the business of the organization will be conducted in Canada.
- Prove that a physical address for the start-up has been acquired or that the process of acquiring one is underway.
- Affirm that the size of the company means that the functions of the employees being transferred to Canada can be adequately supported.
- Specifically, it is necessary to point out that the company plans to commence operations in Canada and actively engage in business activities in this country, with Canadian managers overseeing operations.
Note: Any ICT applicant who seeks a working permit under the start-up category will now be offered a temporary working permit with a validity of one year. These permits can be renewed if the specialist starting such a business retains a qualifying link with a Canadian company, is carrying out continuous business in Canada, and has newly established adequate Canadian operations.
All in all, it can be noted that the process of getting a Canadian Work Permit through the ICT transfer is not a hard one, provided that you satisfy all the essential prerequisites and do everything as guided by the law. It enables multinational companies to effectively mobilize talent and employ within and between countries, thereby creating growth and innovation. As a result, any candidate will be able to obtain an ICT work permit and promote their career, relying on documents, the described criteria, and the implemented application algorithm. Regardless of the position of a manager, executive, or specialized knowledge, an ICT work permit is a key to a fulfilling experience in Canada.
