Intra-Company Transferee (ICT)

Canada Business Owner/Investor Program (ICT)

ICT stands for Intra Company Transferee Program of Canada, one of Canada’s investment immigration programs. This program is specifically designed for highly skilled workers who work for a foreign company. This program allows them to move to one of the company’s branches located within the Canadian provinces.

If the foreign worker is working for a company that has a branch, subsidiary, or affiliate in Canada, he may be able to get a temporary work permit. This program is the first step to getting Canadian Permanent Residency.

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ICT Program requirements

Canada offers unique pathways to Canadian immigration for a skilled and educated foreign national. The Intra Company Transferee (ICT) program is one of those rare opportunities that can potentially put you on a fast track to permanent residency in Canada. To be eligible to apply for this program, the applicant must meet the following requirements :

General requirements of Foreign Employee (Start-Up Companies)

One of the greatest advantages of this program is that the foreign employee can apply for a work permit to move to another branch of the company inside Canada without obtaining a Labor Market Impact Assessment LMIA document, but there are other conditions required :

The applicant must be an employee of a multi-branch company seeking to reside in Canada for an extended period of time in order to work for the parent company, subsidiary, or branch.

The company in which the foreign employee works must be in an area that will benefit the economy of Canada.

The employee must be applying to a Canadian company in an Executive or Senior Management position, Functional Manager or in a position that requires specialized knowledge.

The applicant must have been employed within the company for a minimum of one year full-time during the previous three years.

The applicant should note that the ICT program uses the definitions set out in the North American Free Trade Agreement (NAFTA) to identify capabilities in executive business, senior management work, and industry-specific knowledge.

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General requirements of Intra Company Transferee (ICT)

There must be a clear relationship between the company in which the foreign applicant actually works and the company he is seeking to move to, for the instant; the parent company, one of its branches, or a subsidiary company. Also, there are requirements and conditions that the company in which the foreign applicant works must also meet:

The company that the applicant seeks to move to must be based in Canada.
The two companies in which the applicant currently works and which he seeks to move to should continue to work and provide goods or services.

Work Permit duration for Intra Company Transferee (ICT)

Immigration, Refugees and Citizenship Canada IRCC states that initial work permits granted under the Intra Company Transferee (ICT) program in Canada are normally for one year only. However, the foreign employee can renew the work permit. In regard to the procedures for renewing the work permit, the employee must provide proof of the following:

The Foreign Company and the Canadian company are still on the same pace of work.
The Canadian Company continues to work or provide goods the same as last year, also, it has hired new employees.

Intra Company Transferee (ICT) Processing Time

(2-10) Weeks

The average time for the Intra Company Transferee (ICT) is 2 to 10 weeks, but there are priority processing options. Those who are qualified for the 2-week processing time will get the Intra Company Transferee visa within 2 weeks. This priority processing option is for visa-exempt countries (biometrics processing is not included in these 2 weeks).

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Intra-Company Transferee (ICT) Applications Success Rates

According to the official statistics released by the Canadian immigration authorities, the ICT approval rates are as follows:

Case Processing Center Vegreville, Canada: 90%

Inland Applications: 88%

Embassies & Consulates: 89%

Port of Entry (for visa-exempt countries): 100%

However, some ICT applications (5%-10%) get refused for various reasons. The most common reasons for refusal are (1) the officer doubts the genuineness of your intention to do business in Canada and (2) the absence of sufficiently strong ties to the home country.

FAQ’s

The Intra Company Transfer Visa allows high-skilled foreign workers to temporarily work in Canada under a company that owns a buiness branch in Canada.

On average, the ICT work permits are processed within 1-2 months. However, in rare cases, it can take 3-4 months (in 5% of cases) to receive a decision on an ICT work permit application. Please take into account the processing times at a Canadian embassy/consulate in your region.

There are many benefits of the ICT program. Just to mention a few of them:Live and work in Canada: you and your family can live and work in Canada.

Live and work in Canada: you and your family can live and work in Canada.
Send your children to Canadian public schools: your children can attend public schools in Canada for free.
The employee must be applying to a Canadian company in an Executive or Senior Management position, Functional Manager or in a position that requires specialized knowledge.
Access to free health care: You will be eligible for free medical health coverage after 3 months of work in Canada.
You can reside in your home country: You are not required to reside in Canada on a full-time basis and can continue your business in your home country.
Business opportunities: You will get access to the Canadian and USA markets for expansion of your business, secure and stable banking system, financing capital, and business opportunities.
Permanent residency: You will be eligible to apply for Canadian permanent residence and after living in Canada for 3 years as a permanent resident, you can apply for Canadian citizenship and obtain one of the most desirable passports in the world.
Bring workers from your country: You can bring your key workers from your home country to work for your company in Canada, and many more case-specific benefits that depend on your personal circumstances.

Business owners are generally not required to provide any proof of language skills. However, if they wish to transfer key personnel to Canada under this program, such employees may be required to provide English or French language test results to prove their suitability for the position in Canada.

A business plan is not a binding agreement, and business owners will not be liable if they are unable to meet targets set out in the original business plan. A business plan is a document that demonstrates that feasibility research has been completed before expansion to Canada, and which supports the seriousness of the intentions of a foreign company expanding to Canada. It is not mandatory to submit a business plan with your application for an ICT work permit. However, we recommend having a business plan if your company in Canada is new or it is your first ICT application.

The initial work permit obtained through the Intra-Company Transferee program is usually granted for 1 year. In certain cases, the IRCC may issue a work permit for 2 years, provided that the company in Canada is a subsidiary of the established foreign company.

The ICT work permit can be renewed several times (for 2-3 years at a time and up to 7 years in total) provided that all the requirements of the program are met (such as having an office in Canada, employing at least 1 staff member who is a Canadian permanent resident or citizen and active business in both Canada and the home country).

Yes! Business owners and key employees may bring their families to Canada during their employment period in Canada under the ICT program.

Spouses are eligible for an open work permit and children can attend excellent public schools in Canada for free. The applicant and his/her family enjoy the same access to premium-free health care which is available to all residents and citizens of Canada.

There is generally no legal requirement that both companies (the home company and its Canadian subsidiary or affiliate) engage in the same type of business. However, it is highly recommended that the Canadian company engages in a similar business or operate in the same industry as the home company abroad because the IRCC can raise questions about the genuineness of the business and the applicant’s suitability to engage in vastly different business in Canada.

No. Your work permit will be limited to enable you to work for your company in Canada, which means that you cannot work for any other employer in Canada. However, depending on the nature of your business, your company in Canada can sell goods and services to its clients in Canada and beyond.

There is no minimum stay period in Canada for managerial and senior executive staff under the ICT program. Managers and senior executives are allowed to maintain their principal residence in their home countries while running their business in Canada and travelling in and out of Canada. However, other key personnel must relocate to Canada during their employment in Canada.

There is no legal requirement to be profitable. We all know that it takes time to build a profitable company. However, your company must be actively engaged in business, which means it must be offering services or goods to its customers in Canada or abroad. Also, your company must have a physical location (office or warehouse) and employ at least one Canadian employee who is a permanent resident or a citizen of Canada.

There is no obligation to apply for permanent residency after 1 year of working in Canada as an ICT work permit holder. If you wish to continue working in Canada, you may choose to renew your ICT work permit and continue residing in Canada as a temporary foreign worker.

However, if you wish to obtain permanent resident status in Canada, you can do so as early as 12 months after working in Canada provided that you meet all other eligibility requirements of the suitable permanent residence program.

There is always a possibility of rejection of your permanent residency application due to various reasons, including criminality, medical inadmissibility, failure to meet the language requirements, etc. However, if you stay compliant with the requirements of the ICT program and plan your relocation to Canada strategically, there should be no issue in getting your permanent residency approved by the IRCC, if you choose to apply for permanent residency.

Managerial and senior executive staff may remain on the payroll of the home company and receive their wages from their home company. However, if they wish to receive their salary in Canada, it is recommended that the salary meet the Canadian median wage standards based on the position they hold. We generally recommend foreign companies to pay comparable wages to intra-company transferees, although it is not a requirement under this program.

Unfortunately, we cannot reimburse your money if your work permit application is rejected. We get paid for our work and time spent on your application, not for the result. Although we are ambitious and results-oriented, the ultimate decision-maker is the Government of Canada and/or the relevant Canadian embassy/consulate.

What we do guarantee you is that with our 20+ years of combined experience in business immigration matters, we will prepare the strongest application possible designed to meet the criteria required by the IRCC.

It is illegal under Canadian law to guarantee a positive outcome in any kind of visa or immigration application. What we can guarantee you is that we will do our best to get you the desired outcome and that we will pursue your interests with the utmost diligence and perseverance.

According to the official statistics released by the Canadian immigration authorities, the ICT approval rates are as follows:

Case Processing Center Vegreville, Canada: 90%

Inland Applications: 88%

Embassies & Consulates: 89%

Port of Entry (for visa-exempt countries): 100%