Intra-Company Transfers to Canada: How to Get a Work Permit

30/08/2024

Foreign companies with a parent company, branch, subsidiary, or affiliate in Canada can transfer key personnel to Canada through an Intra-Company Transfer, bypassing the Canadian government’s labor market test.

We understand that navigating Canada’s work permit options can be complex, but our goal is to make it straightforward for you. Cohen Immigration Law, with over 45 years of experience, is a trusted leader in Canadian immigration law.

To schedule a free consultation with our work permit lawyers, please fill out our contact form.

Who Can Obtain an ICT Work Permit for Canada?

Companies may be eligible for an Intra-Company Transfer (ICT) work permit if:

The entities in and outside of Canada have a parent, subsidiary, branch, or affiliate relationship.
Both entities are actively conducting business, meaning they regularly provide goods and services. The company in Canada must be operational, not just physically located there.

Employees may qualify for an ICT work permit if they:

Are currently employed by a multinational company and are seeking to work in Canada at a parent, subsidiary, branch, or affiliate of that company.
Are transferring to a company with a qualifying relationship to their current employer and will be employed at a legitimate and ongoing establishment in Canada.
Have been continuously employed (on payroll or under contract) by the company intending to transfer them to Canada in a similar full-time role for at least one year within the last three years before applying.
If part-time, other factors such as years of experience, job similarity, and the extent of the part-time role will be considered to prevent misuse of the ICT work permit.
In cases of recent mergers or acquisitions, employees do not need to have worked for the company for a year, as long as they have been with an affiliate for at least one year in the past three years. The successor company must prove it has assumed the original company’s interests, obligations, assets, and liabilities and continues the same business operations.
Are coming to Canada for a temporary period.
Comply with all of Canada’s temporary entry immigration requirements.

Eligible occupations for ICT work permits include:

Executives and Senior Managers:
- Executives: Employees who primarily direct the management of the enterprise or a significant part of it.
- Senior Managers: employees who oversee all or part of the enterprise and manage other managers or professional employees.
Functional Managers:
- Employees who manage an essential function within the company but do not necessarily manage employees.
Specialized Knowledge Workers:
- Employees with advanced expertise and proprietary knowledge of the company’s products, services, processes, and procedures.

ICT Work Permits for Start-Up Companies:

Foreign businesses aiming to establish a Canadian branch can use the Intra-Company Transfer program to bring key personnel to Canada for start-up operations. Applicants for an ICT Start-Up visa must demonstrate the company’s ability to establish itself in Canada, including:

Evidence that the company can financially support start-up costs and compensate employees.
A business plan with realistic staffing and operational plans for Canada.
Proof that physical premises have been secured or are in the process of being secured.
For executives or managers, the company must show it will be large enough to support these roles.
For specialized knowledge workers, the company must demonstrate that it will be actively conducting business in Canada and that the work will be managed from within Canada.

The Intra-Company Transfer Start-Up program grants a one-year temporary work permit, which may be renewed if the companies maintain a qualifying relationship and continue active operations. The new Canadian branch must also be staffed.

Get Help from Cohen Immigration Law:

If you need assistance with obtaining a work permit, Cohen Immigration Law can help. With over 45 years of experience, we specialize in helping workers and employers secure Canadian work permits.