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WORK PERMIT RULES

WORK PERMITS FOR BUSINESS

Intra-Company Transfer to Canada

Foreign businesses can bring key workers to the Canadian parent, subsidiary, branch, or affiliate company through Intra Company Transfer Work Permit, which does not require LMIA (LMIA exemption codes C12, T24, T44, and T51, depending on the country of origin).  

What is Intra Company Transfer to Canada?

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 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.

Canada company transfer visa is frequently compared to a work permit based on the Owner Operator LMIA [labour market impact assessment], i.e., another option for business people to come, work in Canada as owner and operator of the business, and eventually immigrate benefiting from 200 points. If you meet the requirements under both programs, for a start-up company – better to first come via intra company transfer, and, once the Canadian operations are running (6-8 months later) apply for Owner Operator LMIA. A comparative analysis of ICT WP and OO LMIA requirements can be found here.

Canada Intra Company Transfer Rules

To be eligible for Intra Company Transfer Work Permit, there are four main requirements for:

  • Foreign nationals/ transferees – at the time of transfer to Canadian affiliate must have been working for a foreign entity continuously (i.e., no breaks in employment), full-time (i.e., 30 hours per week), in a similar position, for at least one year. Importantly, not all positions are eligible for ICT Canada visa. Only executives, senior managers, functional managers, and specialized knowledge workers (advanced knowledge in the job and proprietary knowledge about an international business’s service or product) who will be transferred in a similar capacity to Canada. Executives and Senior Managers’ job description, common duties, and responsibilities can be found in NOC 0013, NOC 0014, NOC 0015, NOC 0016. Often, the co-owners and owners/shareholders are acting as executives and general business managers, as long as they are not just passive investors. For example, a work reference letter, pay stubs, dividend payments, shareholder certificates, and other documents can be used to prove the employment requirement for Canada Intra Company Transfer Visa.
  • Foreign corporations/ current employers – must be a legal entity doing business, i.e., regularly, systematically, and continuously providing goods or services to the public for around year and a half or longer. For example, the company’s activity can be proved by providing its articles of incorporation, business tax returns, profit and loss statements, license to do business, partnership agreements, business tax returns, registration with the tax authorities, etc.
  • Canadian corporation – must be a legal entity that is doing or will be doing business. This means that executives and senior managers can be transferred to a start-up company to establish operations. For example, the following supporting documents can be provided to show the start-up nature of the company – articles of federal or provincial incorporation, a statement from the Candian bank proving that around $100,000 is available to cover start-up expenditures, lease agreement, etc. Read more about Intra-Company Transfer for Office Startup in Canada.
  • Qualifying relationship between the foreign and Canadian entities – must be in a parent, subsidiary, branch, or affiliate relationship. For example, if a Canadian company is a subsidiary, the international company either owns 50% of it or, possibly, less than 50%, but in that case, controls the Canadian subsidiary. Canadian affiliate means that it is and foreign company are both owned by another company or individual or group of persons. Canadian branch is an operating division or office of the same international company housed in a different location.
 

How to Apply for Intra Company Transfer Work Permit?

 

Canada Intra Company Transfer Visa Process varies depending on the nationality of a transferee. A temporary foreign worker from a country whose nationals are visa-exempt can apply for Intra Company Transfer Work Permit at the port of entry (POE). All others should apply online.

For example, in the case of Intra Company Transfer from USA to Canada, US citizens can apply at the POE. To make a case stronger and decrease waiting time, a temporary foreign worker can request an opinion from the IMWU [International Mobility Program Unit] to find out if an LMIA exemption applies to your situation. While it does not guarantee the issuance of ICT Work Permit, the opinion provided by the IMWU may be considered by the border services officer and speed up the process.

Documents Required for Intra Company Transfer to Canada include:

  • Completed and signed application forms for the LMIA-exempt work permit.
  • Online offer of employment submitted via the Employer Portal.
  • Business Plan for Intra Company Transfer to Canada.
  • Supporting documents for foreign and Canadian companies. For example, the company’s activity can be proved by providing its articles of incorporation, business tax returns, profit and loss statements, license to do business, partnership agreements, business tax returns, registration with the tax authorities, bank statement to prove investment funds, etc.
  • Proof of current employment for ICT transferee. For example, a work reference letter, pay stubs, dividend payments, shareholder certificates, etc.
  • Invitation Letter from a Canadian company.

It is not the exhaustive list of supporting documents for Canada Intra Company Transfer, but it is an orienting point.

From Intra Company Transfer Visa to Canadian PR [Permanent Residence]

After one year, intra company transferees can use work experience gained on ICT Work Permit for immigration through Express Entry. With a valid job offer, additional 50 or 200 points will increase a foreign worker’s CRS [Comprehensive Ranking System] Score increasing the chances to get an ITA [Invitation to Apply for Permanent Residence]. If the foreign worker also owns (at least 51%) a Canadian company, then he may apply for Owner Operator LMIA [Labour Market Impact Assessment] to get additional 200 points for a valid job offer.

Consequently, intra company transfer can be treated as a valid job offer for Canada PR purposes in certain circumstances. While the foreign company can remunerate transferees for their work in Canada, for immigration to Canada purposes, it is better if the Canadian company pays salary and taxes, respectively.

ICT Work Permit Duration

The initial Intra Company Transfer Work Permit can be issued for a maximum of three years unless office start-up – one year. It can be renewed for two years. If a Canadian company further requires that employee, the extension is optional for up to a maximum of seven years cumulatively for executives and senior managers, or five years – for specialized knowledge workers.

After intra-company transferees have reached their maximum work permit duration, they must complete one year of full-time employment in the company outside Canada if they wish to re-apply for Inta Company Transfer To Canada.

Canada Intra Company Transfer Visa Processing Time

Applications under the Intra Company Transfer Program qualifies for 2-week processing time under the Global Skills Strategy. To benefit from this expedited service, the job must be in skill type 0 (managerial) or skill level A (professional), and the applicant must be applying from outside Canada. Otherwise, standard processing time applies and may vary depending on the country from where applying for Canada ICT Visa.

Intra Company Transfer to Canada – Investment and Fees

Generally, a corporation must show around $100,000 – $150,000 available funds to invest in Canadian operations, to cover first-year salaries, i.e., to hire at least one Canadian, and basic company expenses, which may include renting an office, marketing, procurement, etc.

Investment funds can be raised internally within the corporation or externally. Owners can show their personal savings too.

Application fees would include business plan preparation, employer compliance fee, work permit fee, biometrics (where applicable), and legal fees. If you are interested in Intra Company Transfer to Canada, call our experienced immigration lawyer or complete the free assessment form below. We will evaluate your eligibility for Intra Company Transfer Work Permit.

IRCC Statistics on Intra-Company Transferees Admissions to Canada

In the table below, we provide Intra-Company Transfers to Canada statistics in the past five years, 2015 to 2020. It showcases admissions of temporary residents by the province under LMIA exemption codes C12 (under GATS and significant benefit provision), T24 (NAFTA/CUSMA), T44, and T51 (other FTAs), depending on the country of origin. As you see, the success rate varies, with the highest number of approved Intra-Company Transfer Work Permit applications admitted to Ontario and British Columbia.

Admissions of Temporary Residents under Intra-Company Transfer Program Y2015-Y2020

Province/Territory

Program

Y2015 

Y2016 

Y2017 

Y2018 

Y2019 

Y2020

Canada (total):

Intra-Company Transfer Work Permit

17,155

17,585

17,605

18,870

21,340

13,885

Ontario

NAFTA/CUSMA (T24)

2,820

2,605

2,530

2,220

1,930

1,055

 

Other FTAs

140

150

105

115

95

65

 

Significant Benefit (C12)

6,235

7,195

7,650

9,195

11,165

7,955

British Columbia

NAFTA/CUSMA (T24)

550

545

465

400

530

240

 

Other FTAs

50

50

20

25

30

25

 

Significant Benefit (C12)

1,280

1,260

1,280

1,475

1,870

1,430

Alberta

NAFTA/CUSMA (T24)

950

785

695

705

700

245

 

Other FTAs

55

70

30

35

20

15

 

Significant Benefit (C12)

1,715

1,405

1,215

1,060

1,215

700

New Brunswick

NAFTA/CUSMA (T24)

35

55

35

55

35

5

 

Other FTAs

0

0

0

0

 

Significant Benefit (C12)

45

85

75

60

105

65

Prince Edward Iceland

NAFTA/CUSMA (T24)

5

 

Other FTAs

0

0

0

 

Significant Benefit (C12)

5

10

5

Nova Scotia

NAFTA/CUSMA (T24)

80

85

75

100

70

55

 

Other FTAs

5

 

Significant Benefit (C12)

170

175

170

175

195

115

Newfoundland and Labrador

NAFTA/CUSMA (T24)

135

145

160

140

115

60

 

Other FTAs

10

5

0

 

Significant Benefit (C12)

310

310

285

210

275

70

Manitoba

NAFTA/CUSMA (T24)

145

155

150

130

95

50

 

Other FTAs

0

0

 

Significant Benefit (C12)

95

105

140

185

130

90

Quebec

NAFTA/CUSMA (T24)

470

440

405

400

410

170

 

Other FTAs

20

20

20

30

30

15

 

Significant Benefit (C12)

1530

1645

1810

1905

2085

1,310

Saskatchewan

NAFTA/CUSMA (T24)

130

105

90

60

60

65

 

Other FTAs

10

 

Significant Benefit (C12)

150

150

145

135

130

80

Yukon

NAFTA/CUSMA (T24)

20

30

10

 

Other FTAs

0

0

0

0

0

 

Significant Benefit (C12)

10

15

10

0

Northwest Territories

NAFTA/CUSMA (T24)

5

5

0

 

Other FTAs

0

0

0

0

 

Significant Benefit (C12)

10

35

15

5

10

5

Nunavut

NAFTA/CUSMA (T24)

 

Significant Benefit (C12)

15

0

 
 
 

FAQs [Frequently Asked Questions] about Intra-Company Transfer Work Permit Applications during COVID-19 times

Can I apply for Intra-Company Transfer Work Permit while COVID-19 travel restrictions are in place in Canada?

Yes. Business owners, executives and senior managers who meet the eligibility requirements for intra-company transfer to the Canadian company (startup or active business) can apply for a work permit (ICT WP). When their intra-company transfer visa is approved, they can travel to Canada to work for the company. Intra-company transferees are exempted from travel restrictions. Job offer and intra-company transfer visa/work permit/ introduction letter must be shown at the border to get entry. They have to complete 14-day quarantine before they start working in Canada.

What is IRCC Processing Time for Intra-Company Transfer Work Permit Application?

Intra-company transferees qualify for 2-week processing of their work permit application under the Global Skills Strategy. Because of COVID-19, there are delays in how quickly IRCC can process your application. It may take longer than 2 weeks. Based on our clients’ experience applying for an intra-company transfer during the pandemic, it took from 2 weeks to 4 months to receive a decision. Of note, certain countries’ nationals require to give biometrics and take a medical exam, which may affect the overall processing time. For example, if the biometric center in the country of your residence is closed, you may need to travel to the closest other location to give biometrics.

Can my Spouse and Children Accompany Me to Canada?

Yes. Intra-company transferees can be accompanied by their spouse and children in Canada. An open work permit may be issued to the spouse of an intra-corporate transferee and study permits to their children. Family members must apply for the respective permits. Once issued spouse can work for any employer in Canada, and kids can go to school and be exempted from international tuition fees. Of note, based on the citizenship or permanent resident status of the transferee, their spouse may be eligible to apply for an open work permit under the spousal provision of the free trade agreement.

Can I extend Intra-Company Transfer Work Permit and apply for a Permanent Residence to manage the business in Canada?

Yes. To extend ICT WP, at the time of renewal – the Canadian and foreign companies must still have a qualifying relationship; the Canadian business has engaged in the continuous provision of goods or services for the past year; and has been staffed with Canadians/permanent residents. Intra-company transferees can immigrate to Canada and apply for permanent residence status if they want to continue working for the company without the necessity to extend work permit each time it expires. A valid job offer from the Canadian business can expedite the process and help to immigrate, as it may add up to 200 points to the business owner’s CRS score in the Express Entry pool.

If I am eligible for Owner Operator Program and Intra-Company Transfer Work Permit for an office startup in Canada, which option should I choose?

Process and time-wise, Intra-Company Transfer Work Permit is exempted from needing an LMIA [Labour market Impact Assessment]. Owner Operator Program would require to apply for LMIA first, and if approved – would serve as a basis to apply for a work permit.

If the company is newly established in Canada, not selling goods/services in Canada, not staffed yet, does not have a physical office in Canada, then it would likely not meet one of the Owner-Operator Program requirements – “actively engaged in the business” (s 200(5)(a) of the Immigration and Refugee Protection Regulations). On the contrary, an intra-company transfer visa allows transfers for office startups in Canada.

Does Intra-Company Transfer Work Permit need LMIA [Labour Market Impact Assessment] from ESDC/Service Canada?

No. Intra-Company Transfer Work Permit is LMIA-exempt. A job offer must be submitted online through the Employer Portal.
 
 
Options for Business People:
 

 
 
 

 
 

If you would like to know more , you may call +1 587-930-7017 or email info@confidentimmigration.ca or message us using the contact form.

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