CANADA

Canada is a North American country stretching from the U.S. in the south to the Arctic Circle in the north. Major cities include massive Toronto, west coast film centre Vancouver, French-speaking Montreal and Quebec City, and capital city Ottawa. Canada’s vast swaths of wilderness include lake-filled Banff National Park in the Rocky Mountains. It’s also home to Niagara Falls, a famous group of massive waterfalls.

Capital
Ottawa
Population
37.06 Million (2018)
Currency
Canadian Dollar
GDP
$ 20.50 Trillion
Provinces
Ontario, Quebec, Nova Scotia, New Brunswick, and more..
BRITISH COLOMBIA BUSINESS IMMIGRATION INTRA COMPANY TRANSFER (ICT) OWNER OPERATED LMIA PROGRAM QUEBEC IMMIGRANT INVESTOR PROGRAM SASKATCHEWAN FARM OWNERS/OPERATORS STREAM START-UP VISA PROGRAM

Intra Company Transfer (ICT)

Canada Intra Company Transfer Work Permit, sometimes called Canada ICT Visa, is suitable for key workers and owners of multinational corporations who will be transferred to work in the affiliated Canadian company, either start-up or established one.

There are many advantages of inter company transfer to Canada, as compared to applying for a regular work permit. In addition to transferring expertise of key staff to the Canadian affiliate, getting ICT Work Permit is facilitated. It does not require an LMIA [labour market impact assessment] qualifies for 2-week processing time under the Global Skills Strategy, as well as experience gained on ICT Work Permit can be used to facilitate immigration to Canada after one year of working for Canadian affiliate.

Canadian and foreign enterprises must be legal entities that have a parent, subsidiary, branch or affiliate business relationship. Both Canadian and foreign companies must be, or will be doing business. Doing business regularly means, systematically, and continuously providing goods and/or services by a parent, branch, subsidiary, or affiliate in Canada and foreign countries, as the case may be. It does not include the mere presence of an agent or office in Canada. For instance, a company with no employees which exists in name only and is established for the sole purpose of facilitating the entry of intra-company transferees would not qualify. Evidence of the fact that a company is actively doing business such as annual reports (for public companies), articles of incorporation, profit/loss statements, partnership agreements, license to do business, business tax returns and registration with Canada Customs and Revenue Agency as an employer, may be useful. Both the Canadian and the foreign branches of the company must be doing business for the intended stay in Canada of the intra-company transfers.

Intra-Company Transferee Work Permit: Overview

One way to come to Canada despite the current travel restrictions is an Intra-Company Transferee Work Permit Application under the Immigration and Refugee Protection Regulations. The Intra-Company Transferee Work Permit provides those with international companies the opportunity to temporarily relocate employees to Canada who meet the required criteria. Once the applicant obtains their Work Permit and begins working in Canada, they will gain Canadian work experience which may ultimately be used as a basis for their Application for Permanent Residence.

A significant advantage to Intra-Company Transferee Work Permit Applications is that applicants are exempt from the requirement to obtain a positive Labour Market Impact Assessment (“LMIA”) before making the Work Permit Application. Obtaining an LMIA can be a daunting and difficult process; therefore, being able to bypass this step is particularly appealing to many employers and potential Intra-Company Transferee applicants.

Spousal Open Work Permit & Length of Permit

For Intra-Company Transferee Work Permit holders looking to travel to Canada with their family, their spouse will be eligible to apply for a Spousal Open Work Permit and their dependent children (age 21 and under) may apply for either Visitor Records or Study Permits (depending on their age) so that they may accompany their family member to Canada. The Spousal Open Work Permit allows the qualifying spouse to work for any employer in Canada during the term of the Work Permit’s validity. Initial Intra-Company Transferee Work Permits may be valid for up to 3 years, with the possibility of extending the Work Permit in 2-year increments, up to a maximum of 7 years. For start-up companies in Canada, initial Intra-Company Transferee Work Permits are usually valid for 1 year.

Necessary Requirements

In order to qualify for the Intra-Company Transferee Work Permit, there are various criteria both the partaking companies and the applicant must meet. Prior to applying for an Intra-Company Transferee Work Permit, the following must be established:

  • There must be 2 legally established companies (a Canadian company and a foreign company) that have either a branch, affiliate or parent/subsidiary relationship. This may require the incorporation of a company in Canada prior to the Work Permit Application. For there to be a parent/subsidiary relationship, the foreign company would need to own the Canadian company or vice versa. For an affiliate relationship, the definition is:
    • one of 2 subsidiaries, both of which are owned and controlled by the same parent or individual; or
    • one of 2 legal entities, owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each company.
  • Both companies must be actively and legitimately doing business, or in the case of a start-up Canadian company, be on the verge of actively doing business;
  • The applicant must have been employed continuously and full-time by the foreign company for at least 1 out of the previous 3 years as an executive (e.g. president, CEO, vice-president, etc.) or as a senior manager (manager of a department in a company or manager of other managers, supervisors or professional employees). In turn, those deemed to be specialized knowledge workers for the company may also qualify to be transferred; and
  • Finally, the applicant must be being transferred to the Canadian company to fulfill a position similar in nature to the position they held with the foreign company.

As part of an Intra-Company Transferee Work Permit Application, a variety of supporting documents clearly illustrating the success and legitimacy of both companies must be submitted. In addition, documents detailing the qualifications of the applicant must also be included.

Canadian Start-Up Companies

For those being transferred to a Canadian start-up company, the issuance of a Work Permit will be largely dependent on whether the new company has legitimatized itself in Canada to the extent possible, such as by securing leased premises, establishing a prospective customer basis and by providing proof of the company’s ability to financially sustain itself in Canada.

Long-Term Goals: Permanent Resident Status

As outlined above, coming to Canada temporarily as an Intra-Company Transferee Work Permit holder may open the door to various pathways toward Canadian Permanent Residence by helping either the Work Permit holder or their spouse obtain the required work experience in Canada to allow them to apply for Permanent Residence.

Whether you wish to discuss the growth of your business in Canada or your desire to work in Canada as a qualifying employee, we would be happy to speak with you about your options and this unique program.

Share

Watch our video

Skilled Immigration
M-J Global Team can help turn your dream into reality.Our team of Immigration Consultants can help you
Business Immigration
M-J Global team assisting various applicants for visit visa. As we do everythingwe can to ensure the achievement...
Visit Visa
M-J Global team assisting various applicants for visit visa. As we do everything we can to ensure the...
Student
M-J Global Team- ``Your Education advisors`` Excited by the idea of studying Internationally...

Follow M-J Global

Frequently Read Topics
Portugal Golden Visa Program: A Quick Guide
Portugal Golden Visa Program: A Quick Guide Located on the Iberian Peninsula in Europe is ... Read More
Why Study in Canada?
There are many reasons why more than 400,000 International Students chose to live and stud ... Read More
Why Did Canada Launch Express Entry?
Canada launched Express Entry in 2015 in order to move from a "first-come, first-served" i ... Read More
Who Qualifies for Canadian Permanent Residence/Skilled Worker Immigration?
On January 1, 2015, the Government of Canada implemented the Express Entry Immigration sys ... Read More
What is an Electronic Travel Authorization?
Foreign nationals from visa-exempt countries arriving in Canada by air are required to obt ... Read More
The Express Entry Job Bank
The Express Entry Job Bank is an online job site created by Employment and Social Developm ... Read More
Express Entry Candidate Pool
Once the Canadian government considers an applicant’s online Express Entry profile to be ... Read More
Study in Canada: Work After Graduation
There are many options available to you after you have completed your study in Canada prog ... Read More
Study in Canada: Internships and Co-Op Programs
If you’re looking to gain valuable international work experience while you attend school ... Read More
Requirements for the Federal Skilled Worker Program
In order to apply for skilled immigration under the Federal Skilled Worker program, an app ... Read More
Open Work permit in Canada – Work in Canada
An open work permit allows a foreign national to work for any Canadian employer he/she wan ... Read More
Nova Scotia ‘Study and Stay’
The Nova Scotia Study and Stay program specifically targets international students from Ch ... Read More
Labour Market Impact Assessments (LMIAs)
An LMIA is a document that an employer in Canada needs to obtain before hiring most types ... Read More
Invitations to Apply for Permanent Residence (ITAs)
Applicants who receive an Invitation to Apply (ITA) will become eligible to apply for perm ... Read More
Canada Inadmissibility for Individual Criminality: Definitions
Here you will find a description of the kinds of behaviour that can cause a person to be ... Read More
Federal Skilled Worker Program Eligible Occupations
Under Express Entry, Federal Skilled Workers across 347 eligible occupations who meet mini ... Read More
Express Entry Job Offer
While possessing a job offer is not mandatory for those seeking to immigrate using the Exp ... Read More
The Express Entry Candidate Pool
Once the Canadian government considers an applicant’s online Express Entry profile to be ... Read More
Eight Things to Know About Canada’s Start-Up Visa Program
Canada’s Start-Up Visa Program offers Canadian permanent residence to qualified immigran ... Read More
Comprehensive Ranking System (CRS)
All the skilled immigration applicants that are eligible for the Express Entry System will ... Read More
Citizenship Language Requirement
Applicants for citizenship between the ages of 18-54 must provide evidence of their knowle ... Read More
Canada Visit/Tourist Visa
A visitor is a person who wants to come to Canada to work, study or visit. A visitor is no ... Read More
Canada To End Special Temporary Foreign Worker Program Processing For Owner/Operators
Canada immigration authorities are moving to abolish the special Temporary Foreign Worker ... Read More
Buy a Business and Move to Canada Immigration Program
Canada immigration authorities have abolished the special Temporary Foreign Worker Program ... Read More
What is Canada NOC 2021 (TEER) System?
Caribbean citizenship by investment Caribbean Citizenship: What makes it so popular?
Portugal Top Countries that provide Residency and Citizenship by Investment
Best overseas education consultant How to Find the Best Overseas Education Consultant in Dubai

Get in touch

Would you like to speak to one of our immigration expert over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.

Code

Number

headset_mic FREE CONSULTATION
Get Free Consultation
Cancel