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.
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 transferees may apply for work permits if they:
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