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An intra-company transfer (ICT) is a structured procedure that enables multinational corporation employees to relocate from one country to another while remaining employed by the same company. This type of employee transfer generally entails the relocation of individuals from their home country to a foreign nation where the corporation maintains a subsidiary, branch, or office.

Canada is a prominent destination known for its implementation of such transfer programs. The International Mobility Programme (IMP) in Canada provides a mechanism for businesses to temporarily reassign their highly skilled personnel to work within the country as Intra-Company Transferees, commonly referred to as ICT Canada participants.

Any multinational corporation with a presence in Canada has the opportunity to request the relocation of one of its employees to their Canadian branch through the Intra-Company Transfer (ICT) program. This initiative provides a streamlined process, exempting both the company and the employee from the usual Labor Market Impact Assessment (LMIA) or LMIA Canada job application requirements.

While the LMIA application procedure is straightforward and beneficial, the ICT program offers a distinct advantage by granting LMIA-exempt work permits for Canada. This exemption delivers numerous economic advantages for the company, the employee, and the Canadian economy as a whole.

Below are the key prerequisites that both the employee and the company must meet when seeking to participate in an ICT program or International Mobility Program:

EMPLOYEE GENERAL REQUIREMENTS:

The staff member is undergoing a relocation to the division, assuming the role of a senior manager, an executive, or a specialist with specialized knowledge.

This employee has remained in continuous employment with the company, whether through regular payroll or any other means.

The employee’s move to Canada is intended as a temporary arrangement exclusively.

The employee willingly complies with and satisfies all the immigration requirements essential for their temporary entry into Canada.

This individual possesses a Canada Visa specifically for a temporary stay.

Hailing from an international corporation, the employee seeks to establish a presence in Canada, operating as either a subsidiary, branch, parent, or affiliate of the current company.

The employee is making a transition to a company that maintains a qualifying relationship with the current organization.

In the new company, the employee is committed to maintaining their employment in a lawful and legitimate fashion.

Requirements for Intra-Company Transfers within the Company.

The company is required to possess a secure physical location for conducting its Canadian operations, which is particularly crucial when dealing with specialized knowledge. However, in unique situations involving executives and senior managers, it is acceptable if a physical address for a new startup has not yet been established.

Furthermore, the company must present feasible plans demonstrating its intent to hire new staff to ensure the smooth functioning of its Canadian operations. Additionally, the company must demonstrate the financial capacity to initiate business activities in Canada and meet the payroll requirements of its employees.

In cases involving the transfer of managers or executives, the company must exhibit its current or future capacity to adequately support management or executive functions.

Similarly, in instances where a specialized knowledge worker is being transferred, the company must provide evidence that it has an established or anticipated business presence.

Lastly, it is imperative for the company to ensure that the day-to-day operations are supervised and guided by the management team within the Canadian branch or subsidiary.

Essential Documentation for ICT in Canada

Here are some of the key documents required to facilitate a seamless ICT (Intra-Company Transfer) to Canada:

1. 1. Verification of the foreign national’s current employment with a multinational company outside Canada.
2. 2. Documentation demonstrating the intention of the employee to work in a subsidiary, parent, affiliate, or branch of the same company situated in Canada.
3. 3. Proof of the employee’s continuous full-time employment with the overseas company, either on contract or as a regular payroll employee, and not through part-time or intermittent work.
4. 4. Evidence supporting the employee’s tenure in a similar role for a minimum of one year.
5. 5. A comprehensive overview of the managerial or executive position, or any specialized knowledge-based role, including details such as job responsibilities, job title, and the position’s placement within the organization.
6. 6. For individuals seeking entry under the ‘specialized knowledge’ category, proof of the employee’s possession of such specialized knowledge and a demonstration of its necessity for the Canadian position.
7. 7. An in-depth description of the Canadian position, encompassing the job title, role specifics, and the position’s organizational context.

These documents are essential for a successful ICT transfer to Canada.

Information regarding the planned length of stay in Canada.

The description of the relationship between enterprise in the foreign country and the enterprise in Canada. The officer may require tangible proof for the same.