Intra-Company Transferee (ICT) Work Permit: A pathway to Canadian Permanent Residency that only a few people talk about!
In today’s world, businesses are not limited to a specific geographic location. Successful companies have branch offices or affiliates around the world. This global business environment means that the companies need to be able to get employees where they are needed to help business prosper. Fortunately, international companies can transfer employees to Canada through an intra-company transferee (ICT).
What is the Intra-Company Transferee or ICT work permit in Canada?
The Intra-Company Transferee or ICT work permit is a gateway for qualified foreigners to work in Canada, and secure their permanent residency. If you are employed by a company that has a holding company, branch office, or an affiliate in Canada, you may be eligible to apply for a Canadian work permit through the Intra-Company Transferee program. The successful individuals or the intra-company transferees provide ‘significant economic benefit to Canada’ through the transfer of their talents and skills to the Canadian labor market. Immigration, Refugee, and Citizenship Canada (IRCC) accepts applications for this program from any nation. The ICT work permit allows qualified foreign skilled people to work lawfully in Canada, while possibly opening several permanent residency routes for them as well.
Do companies need to apply for LMIA?
A Labor Market Impact Assessment (LMIA) is a document that a company owner in Canada may need to obtain before appointing a foreign skilled worker. The Canadian employer will show through this LMIA that there is a need for foreign workers to fill a job. A positive LMIA will show that a Canadian citizen or a permanent resident is not available for the job.
The good news is the qualified intra-company transferees only require work permits that are exempt from the Labor Market Impact Assessment (IRPA paragraph R205(a), exemption code C12). This lessens the overall processing time for visas and makes it easier to obtain.
Qualifying Businesses for Intra-Company Transferee
Businesses that do not have a global business environment may not qualify. In this matter, an expert Immigration Lawyer in Canada can understand complex business documents. Therefore, book an appointment with a Canadian Immigration Lawyer now to know if the business is qualified. According to the ICT guidelines, a qualifying business is a multinational enterprise that has a branch, holding company, subsidiary or affiliate in Canada. The following companies may qualify:
- Enterprise: any corporation, limited liability Company, partnership, unincorporated organization, association, or other entity.
- Parent company: if a company owns and operates one or more subsidiaries, it could be a parent company.
- Subsidiary: a subsidiary company, also known as Daughter Company, is a company that is owned by a parent company, parent, or holding company.
- Branch: the branch of a company is owned by a company and it has a different company address.
- Affiliate: an affiliate is a business entity that is linked to another company, typically by being in the position of a member or a subsidiary.
Eligible employees for the work permit
The distinctiveness of the ICT work permit lies in the eligibility condition for participating companies. The applicants must be current employees of a foreign company that wants to transfer them to their Canadian company maintaining a qualified relationship with their employer. IRCC has set some qualifying factors for the ICT. The basic requirements that must be fulfilled are as follows:
- The transfer of the employee by the Canadian employer should be short-term in nature
- The relationship between the foreign company sending the employee to Canada and the Canadian company must be valid. Evidence must be provided to prove the employer-employee relationship
- The transferee must be working in a position of executive or senior managerial or a worker with “specialized knowledge”
- The transferee must be working full-time with the foreign entity
- The transferee must have worked at least one year in a three-year period immediately preceding the date of application
- The transferee must be willing to return and join his foreign company at the end of the Canadian job
The intra-company transferee and the validity of work permit
A Canadian Immigration Officer will basically issue a one-year work permit for the applicant. However, this could be valid for up to three years if the circumstances demand that the transferee to be in Canada for a longer period of time. So, the transferee and the Canadian employer could ask for an extension of the work permit. The visa officer will consider whether or not to extend the ICT.
Intra-Company Transferee (ICT): A way to Canadian Permanent Residency
The process of becoming a permanent resident (PR) for the ICT transferee is in some ways similar to international students who come to Canada to study and eventually they secure their permanent residency through Express Entry or PNPs. If they are eligible to enter the Express Entry pool, their Canadian job experience contributes to their Comprehensive Ranking System (CRS) score. Thus, the qualified ICT transferee can also choose to live in Canada indefinitely. Although it is known that ICT is a temporary work permit visa, it could also be a great pathway for the transferee to obtain Canadian PR. Canadian job experience under ICT will have a positive impact on the Express Entry profile. After the one year job experience, the transferee will be qualified for extra 50 points which will definitely boost the total CRS score in the Express Entry pool. Obtaining a good English Test score and Educational Credential Assessment (ECA) will be essential to proceed for the Express Entry Pool Submission.
Benefits of ICT
- The processing time is less than other work permit programs
- A Common Law Partner can obtain an Open Work Permit
- Transferee’s children can study in Public Schools for free until high school
- All applicants are eligible for free Provincial Health Coverage
- It is a pathway to get Permanent residency and Canadian Citizenship
- Work experience in Canada is appreciated all over the world.
Documents for intra-company transferee work permits
Documents for this work permit depend on a number of factors, such as the type of qualified company, applicant’s profile, education and lots of other issues. Appropriate documents are the key to make the process faster.
How to proceed to apply now
If you are interested in working in Canada under the ICT Work Permit, please fill out our free assessment form. Our expert lawyer at Konan Law will review the form for free, and let you know what opportunities you are missing! We are located in Toronto, Ontario and will help you immigrate to Canada.
Please note that Canada Immigration rules keep changing all the time. Accurate information is very important when applying for any immigration program in Canada. Therefore, it is wise to consult with our Business Immigration Lawyer now.