Uncategorized

Intra-Company Transfer (ICT) Work Permit, Your Complete Guide to Working in Canada

For multinational companies, moving key talent across borders is often essential for growth and operational success. The Intra-Company Transfer (ICT) Work Permit provides a streamlined pathway to bring experienced employees to Canada without the time-consuming Labour Market Impact Assessment (LMIA) process.

For foreign professionals, it’s more than just a transfer, it’s an opportunity to gain valuable Canadian work experience, expand professional networks, and take an important step toward permanent residency.

What is the ICT Work Permit?

The ICT program enables multinational employers to temporarily relocate certain employees from a foreign branch, subsidiary, or affiliate to their Canadian location. Unlike other work permits, it eliminates the LMIA requirement, making the process faster and more efficient.

It is specifically intended for executives, senior managers, and specialized knowledge workers whose skills are considered essential to the Canadian branch’s operations. This targeted focus ensures that businesses can quickly fill roles that demand unique expertise or leadership.

ICT Work Permit Categories

Under this program, employees typically qualify under one of two categories.

Executives and Senior Managers are high-level decision-makers responsible for setting strategic direction, overseeing large divisions, and managing major organizational resources. For example, a vice president managing a regional office abroad may be transferred to Canada to oversee and expand national operations.

Specialized Knowledge Workers bring advanced expertise in a company’s proprietary products, services, or processes. Their skills may be technical, research-oriented, or highly specialized in ways that are not easily replicated in Canada. A software engineer with unique training in proprietary systems or a scientist leading a specialized research project are common examples.

Eligibility Requirements

To qualify for an Intra-Company Transfer (ICT) Work Permit, both the employee and the employer must meet clearly defined criteria. Immigration, Refugees and Citizenship Canada (IRCC) enforces these requirements to ensure that the transfer benefits the Canadian labour market and aligns with the program’s purpose.

Employee Requirements:

The same company must have continuously employed the employee for at least one year within the last three years. This period of employment needs to be in a role directly connected to the duties they will perform in Canada, meaning they should already be functioning in an executive, senior managerial, or specialized knowledge capacity with the foreign company.

The transfer must be temporary in nature. This means the employee must be able to demonstrate a genuine intent to return to the foreign branch or another overseas office once the Canadian assignment concludes. IRCC often looks for documentation like employment contracts, letters of intent, or company transfer agreements to confirm this.

Employer Requirements:

The Canadian branch, subsidiary, or affiliate must have a qualifying relationship with the foreign company. This involves having ownership and control structures that are either identical or proportionally aligned between the two entities. For example, if a single person owns 100% of the foreign entity, they must also own 100% of the Canadian branch. In cases of shared ownership, such as 60% and 40%, the same proportional relationship should exist in Canada.

It’s not enough for the Canadian entity to exist on paper, it must be a legitimate, actively operating business. The foreign branch must also remain active throughout the employee’s time in Canada, with both entities demonstrating ongoing business activities. This can be proven through financial statements, active contracts, or evidence of day-to-day operations.

Duration of the ICT Work Permit

The ICT Work Permit is issued for specific maximum durations, depending on the role:

  • Specialized Knowledge Workers: Up to five years.
  • Executives and Senior Managers: Up to seven years.

Permits are often granted in shorter increments, such as one year for newer Canadian operations or three years for well-established entities. Renewal is possible as long as the employee and employer continue to meet the program’s eligibility criteria.

During this period, IRCC encourages companies to transfer knowledge to Canadian staff, ensuring that when the foreign worker’s term ends, the skills and expertise remain within the Canadian workforce. This approach aligns with Canada’s broader immigration goal of fostering long-term economic growth and skill development.

Strengthening an ICT Application

While meeting the basic requirements is essential, a strategically prepared application can significantly improve the chances of approval.

A strong application should:

  • Include a detailed business plan clearly outlining the employee’s responsibilities in Canada, the duration of the transfer, and a defined exit strategy.
  • Provide proof of the qualifying relationship between the Canadian and foreign entities, ownership documents, corporate registration certificates, and shareholding records are all important here.
  • Demonstrate why the transfer is essential to the Canadian operation’s success, using operational data, financial performance reports, or project plans.

It’s also beneficial to submit supporting documents such as organizational charts showing the employee’s position, letters from senior leadership, and evidence of the employee’s specialized skills or leadership experience. The stronger and more comprehensive the evidence, the more confidence immigration officers will have in approving the application.

Related Immigration Pathways

If you’re considering the ICT Work Permit, it’s worth exploring other Canadian immigration programs that share similarities or could complement your long-term plans.

Work Permits Without LMIA in Canada

The ICT is just one example of an LMIA-exempt work permit. Others include open work permits for spouses of skilled workers, post-graduation work permits for international students, and work permits issued under international trade agreements like CUSMA (formerly NAFTA). These programs can offer faster processing and fewer employer obligations compared to LMIA-required routes, making them attractive for both workers and employers.

Global Talent Stream (GTS) Work Permit

The GTS is designed for high-demand, high-skill occupations, especially in technology and engineering. It provides expedited processing, sometimes in as little as two weeks, for employers hiring specialized talent from abroad. If your expertise falls under one of the listed in-demand roles and you have a Canadian job offer, the GTS can be an alternative or even a follow-up to an ICT assignment if your role changes.

Permanent Residency Through Canadian Work Experience

While the ICT itself is a temporary program, the work experience you gain in Canada can be leveraged to qualify for permanent residency through programs like the Canadian Experience Class (CEC) under Express Entry. Having Canadian work experience can also strengthen your profile for Provincial Nominee Programs (PNPs), which often prioritize candidates with local employment history. Many ICT workers use their time in Canada to build a strong PR application before their work permit expires.

 

How We Can Help

At Akrami & Associates, we’ve helped numerous multinational employers and skilled professionals successfully navigate the ICT process. Our team ensures your application meets all requirements, is well-documented, and presents the strongest possible case to immigration authorities.

Call us today to discuss your ICT application and start your Canadian work journey with confidence.

 

FAQs

  1. Does the ICT Work Permit lead to permanent residency?
    Not directly, but the Canadian work experience gained can help you qualify for programs like Express Entry.
  2. Is an LMIA required for an ICT application?
    No, the ICT program is LMIA-exempt.
  3. Can my family accompany me to Canada?
    Yes. Spouses can apply for open work permits, and dependent children can apply for study permits.
  4. Can I change employers while on an ICT?
    No. The ICT is employer-specific; a new work permit is required for a change.
  5. How long does ICT processing usually take?Processing times vary but are generally faster than LMIA-based permits.
Mashal Wahid

This website uses cookies.