How to send employees to Canada through Intra-Company Transfers

If your company has a parent company, branch, subsidiary, or affiliate in Canada, you can use an Intra-Company Transfer to send essential workers to the Canadian location (ICT). ICT work permits are valid for one year and can be renewed if necessary. Employers are excluded from the Labour Market Impact Assessment (LMIA) requirement if the worker qualifies. To be qualified for the ICT, both the organisation and the transferee must meet specific requirements.

Company requirements for ICT

In order to be eligible for an ICT, a company must be functioning in Canada. It is insufficient to simply have a physical presence. Goods and services must be available on a continuous basis in both Canadian and foreign places. For new businesses, there may be some leeway. Canada may accept that the address of the new start-up is not yet secured in specific situations involving the transfer of senior managers or executives. Until the executive can purchase or lease a location, the company may utilise its lawyer’s Canadian address. In addition, start-ups must have realistic plans for staffing their new operations and be financially capable of starting a business and paying people in Canada. The organisation must demonstrate that it will be substantial enough to support executive or management functions when transferring executives or managers. When moving a worker with specific knowledge, the company must verify that the work is overseen and directed by management at the Canadian operation, and that the company is expected to be operating.

Intra-company transferee requirements

Intra-company transferees may apply for work permits if they:

• Are employed by a multinational corporation and looking for job in one of its parent, subsidiaries, branches, or affiliates in Canada;
• Are being transferred to a job in which they will serve as an executive, senior management, or possess specialised knowledge;
• Are relocating to a Canadian location having a qualifying relationship to their current employer, and will be employed at a legitimate and ongoing location of that employer;
• Have been employed continuously , by the company that plans to transfer them outside Canada in a similar full-time position for at least one year in the three-year period immediately preceding the date of initial application.
• Comply with all immigration requirements for temporary entry.