Intra-Company Transferee

Choose the correct intra-company transfer route

Some transfers fall under an international trade agreement, such as CUSMA. Others are assessed under paragraph 205(a) of the regulations and IRCC’s general ICT instructions. Citizenship and the corporate circumstances help determine which route should be reviewed.

Do not mix requirements from different categories or assume that an example involving a United States citizen applies unchanged to another nationality. The official trade-agreement guide helps identify relevant agreements. Our CUSMA guide discusses the United States and Mexican citizenship route.

IRCC’s general ICT guidance uses codes C61, C62 and C63 for new qualifying enterprises, executives or managers, and specialized-knowledge workers. The category is designed for specific temporary business needs, not to transfer a company’s general workforce.

The October 2024 update clarified the multinational-enterprise requirement and other eligibility considerations. Older descriptions of the route should be checked against the current instructions.

What needs to be established?

Under the general route, applicants need qualifying current foreign employment, normally at least one continuous full-time year in a similar position within the preceding three years, and a temporary transfer to a related Canadian enterprise. The relationship must be a qualifying parent, subsidiary, branch or affiliate arrangement.

The Canadian activity and proposed position must be genuine. General-route applicants must also demonstrate significant benefit, and new-enterprise applications require an existing multinational business rather than using Canada to create the first foreign operation. Read the complete general ICT instructions for the applicable definitions and evidence.

Think of the assessment as two connected files: one about the companies and one about the employee. A strong corporate file cannot replace missing evidence of the worker’s qualifying experience. Equally, a highly skilled employee cannot resolve a corporate relationship that does not meet the category.

Prepare a concise explanation of why the assignment is needed in Canada. Identify the business objective, expected duration and measurable responsibilities. The explanation should reflect the actual operation rather than a generic statement that international expansion is beneficial.

Executive, managerial or specialized knowledge?

Choose the category according to the substance of the role. A senior-sounding title does not establish executive or managerial capacity, and ordinary familiarity with a company does not automatically establish specialized knowledge.

For a management application, an organizational chart is helpful only if it reflects reality. Add the positions, reporting relationships and responsibilities needed to understand the structure. If the Canadian operation is small, explain how it supports the proposed management function.

For specialized knowledge, use concrete examples of systems, products, processes or projects. Training records, project assignments and detailed supervisor letters can help explain the expertise. Avoid relying entirely on adjectives such as “unique” or “indispensable.” The reader needs to understand the knowledge and its relevance.

Documents for the employer and employee

Build an indexed package around the requirements of the chosen route. The exact checklist varies, but the following preparation areas are useful for an initial assessment.

• Corporate identity: registration and ownership documents for the foreign and Canadian entities.
• Relationship: a clear ownership chart supported by the underlying legal records.
• Business activity: relevant financial statements, contracts, customer activity and operational records.
• Foreign employment: contracts, payroll or other records showing dates, continuity and the actual role.
• Canadian assignment: duties, location, remuneration, reporting structure and proposed duration.
• Qualifications: education, training and experience relevant to the assignment.
• Category explanation: evidence supporting executive, managerial or specialized-knowledge capacity.
• Immigration history: passports, current permits, previous transfers and relevant decisions.

If a company has changed its name, merged or acquired another business, explain the chronology. Provide the records needed to connect the entities before and after the transaction. A corporate reorganization should not leave the officer guessing who employs the worker or controls the Canadian business.

Where documents contain confidential business information, discuss an appropriate evidence strategy with your adviser. Removing all useful detail can make a claim impossible to verify. The aim is relevant, reliable documentation, not a collection of broad assurances.

Plan a transfer that the business can support

Coordinate the immigration timetable with HR, payroll, operations and the receiving manager. Confirm who will prepare the employer submission, who will collect foreign employment evidence and who will answer questions about the Canadian role.

For a new Canadian enterprise, prepare a practical implementation plan. Explain premises, financing, staffing, expected customers and the sequence of activities. A registration certificate or mailing address should not be presented as though it proves a functioning operation.

Separate confirmed arrangements from future milestones. If a lease is still under negotiation or hiring depends on a contract that has not been signed, say so. A credible plan can acknowledge uncertainty while explaining how it will be managed.

Also plan the employee’s departure from the foreign role and eventual return or other lawful next step. Consider family documents, schooling, housing and the consequences if approval takes longer than expected. Avoid promising a start date that depends on an unverified processing estimate.

Employer Portal, application and permit conditions

For an employer-specific LMIA-exempt work permit, the employer generally submits an offer through the Employer Portal and pays the applicable compliance fee before the worker applies. The offer number links the employer’s information to the work-permit application.

The Employer Portal guide explains those requirements. Review the exemption explanation, duties, location and remuneration together with the worker’s documents before submission.

After approval, inspect the permit and comply with its conditions. A promotion, new location, corporate acquisition or change of duties can raise immigration questions even when the employer considers it an internal administrative change. Review material changes before implementing them.

Permit duration and extension limits depend on the route and role. Keep records of prior ICT permits and time spent in Canada. Do not assume that changing categories or agreements resets the permitted period, or that a renewal is automatic because the initial application succeeded.

How to avoid refusal of an ICT work permit

The most effective preparation addresses the relationship, experience and role directly. A large company name or an urgent project does not replace evidence of eligibility.

1. Confirm the legal route. Use the applicable treaty or general-category requirements.
2. Prove the corporate relationship. Support the chart with ownership and control records.
3. Document qualifying employment. Explain dates, continuity, duties and any gaps.
4. Describe the real role. Ensure the foreign and Canadian positions fit the category claimed.
5. Support specialized knowledge. Explain the expertise and why the assignment requires it.
6. Show genuine operations. Make the Canadian business activity and transfer objective understandable.
7. Check consistency. Align the portal offer, contract, letters and application forms.

Ask someone familiar with the business to review the factual descriptions before filing. Immigration submissions can become inaccurate when a template is reused without checking how the company actually operates.

If IRCC requests more evidence, respond to the precise gap. If the issue is ownership, another letter praising the employee will not answer it. If the concern is the employee’s expertise, provide specific records rather than simply repeating the original conclusion.

What to do if the transfer application is refused

Preserve the refusal letter, any officer notes and the full submitted file. Identify the reason before deciding whether to reapply. A corporate-relationship problem, an experience shortfall and an insufficient specialized-knowledge explanation require different responses.

Compare each concern with the evidence actually submitted. If key records were omitted, consider whether they can now be provided and whether the underlying eligibility existed. If the proposed role does not qualify, another work-permit route may need assessment instead of relabelling the same duties.

Where a material factual or legal error may have occurred, obtain prompt advice about reconsideration or judicial review. These are not interchangeable, and a request for records or reconsideration should not be assumed to pause another deadline.

HR should also review the planned start date and any current Canadian work authorization. A refusal challenge does not automatically permit the employee to work. If the worker is already in Canada, assess status and work conditions immediately rather than waiting for the commercial project to proceed.

Questions about company transfers

Does owning the foreign company guarantee eligibility?

No. Ownership does not replace the corporate, employment and role requirements. Business owners should have the appropriate category assessed against the actual proposal.

Is an ICT work permit permanent residence?

No. It authorizes qualifying temporary work. Any permanent residence application requires its own eligibility and evidence.

Can a spouse work automatically?

No. Family-member work authorization must be assessed under the current rules and the principal worker’s circumstances.

What is useful for the first consultation?

Bring a corporate chart, employee résumé, foreign and Canadian job descriptions, employment dates and current immigration documents. Include any refusal and upcoming business deadlines.

Coordinate the company and employee evidence

Akrami & Associates can review the proposed transfer, identify gaps and help organize a coherent application for the selected route.

General information only. Requirements depend on the selected route and individual circumstances.