Relocating employees from one branch of a company to another is a long-standing practice in global business. In Canada, this process is regulated under the intra-company transfer program.
This article explains what an intra-company transfer in Canada is, eligibility requirements for both companies and employees, new regulatory changes, and practical considerations such as wages, permit duration, and start-up requirements. It also answers common questions and outlines how we can assist with applications.
What is an Intra-Company Transfer?
An intra company transfer allows multinational companies to relocate qualified employees to their Canadian branch, subsidiary, or affiliate. ICT work permits are intended for executives, managers, and specialized knowledge workers who can contribute to the Canadian labour market. Not all employees are eligible, and applicants must meet the criteria defined by IRCC to qualify.
Unlike standard work permits, this pathway is designed to strengthen cross-border business operations and encourage knowledge transfer. It allows Canadian entities to benefit from global expertise while maintaining corporate continuity.
Who Can Get an ICT Work Permit for Canada?
Eligibility is not automatic. Both the company and the employee must meet defined requirements before an ICT Canada application is approved.
Companies may seek to get an Intra-company Transfer (ICT) work permit if:
- They maintain a legitimate, active branch, subsidiary, or affiliate in Canada.
- They can prove that the transfer supports business operations and not administrative convenience.
- They demonstrate financial capacity to support the transferee in Canada.
Employees may apply to get an ICT work permit if they:
- Have been employed with the overseas branch of the company for at least one year within the last three years in a qualifying role.
- Entering Canada in a role that meets one of the program’s eligible categories.
- Possess skills and experience aligned with the position in the Canadian office.
Additionally, employees must demonstrate that their proposed role is essential to the Canadian branch and cannot be easily filled through local recruitment.
Executives and Senior Managers
Executives are responsible for directing major components of the business, setting policies, and making high-level decisions. Senior managers oversee departments, functions, or teams and exercise authority over day-to-day and strategic operations. Immigration authorities review job descriptions carefully to ensure that applicants genuinely perform these roles.
Supporting documents, such as organisational charts, detailed job descriptions, and records of decision-making authority, are commonly requested during the evaluation process.
Functional Managers
Functional managers do not always supervise staff but manage essential company functions. They are responsible for specialized business activities that are critical to the company’s operations. Applicants must provide evidence that the function is substantial and independent. This may include showing budgets managed, key contracts overseen, or strategic outcomes driven by their role.
Specialized Knowledge
Specialized knowledge workers possess expertise that is proprietary, uncommon, or specific to the organization’s products, services, or processes. This cannot be general knowledge available on the broader labour market. Detailed documentation is required to demonstrate the uniqueness of the applicant’s skills. Providing training manuals, technical specifications, or proof of exclusive company methodologies can strengthen applications under this category.
New Eligibility Criteria for General ICTs
Recent changes have raised the threshold for general applications. Employees must demonstrate stronger ties to their employer, and Canadian operations must show evidence of active business. These adjustments ensure that the program is not used for transfers lacking a genuine operational purpose.
Location of Employment and Remote Work
Employees transferred under ICT Canada must have a direct connection to a Canadian business location. Remote work may be permitted, but the Canadian office must remain the primary location for the applicant’s employment. Authorities prioritize physical presence and meaningful contributions to the Canadian branch.
Definition of a Multinational Corporation (MNC)
For an intra company transfer, a multinational corporation is defined as a company with at least two establishments in different countries, such as subsidiaries, branches, or affiliates. Proof of this status must be provided with the application.
Skill Level of Occupation for Specialized Knowledge Workers
Specialized knowledge workers must meet skill classifications consistent with Canada’s occupational codes. Immigration authorities review these codes to confirm that the applicant’s role aligns with acceptable skill levels. Without this alignment, an application may be refused regardless of the applicant’s expertise.
ICT Work Permits for Start-Up Companies
Start-ups seeking an intra company work permit in Canada face additional requirements. Authorities evaluate business plans, financing, and evidence of real operations in Canada. While the pathway is open to new businesses, it requires careful preparation to demonstrate sustainability and growth potential.
New Operational Requirements
Companies must now show operational capacity in Canada. This includes proof such as office space, business contracts, staffing structures, and evidence of ongoing activity. Applications based on future intentions without concrete evidence are unlikely to succeed.
Wage Standards
Employees under ICT Canada must be paid wages consistent with Canadian labour standards. This prevents companies from bypassing the local labour market with underpaid foreign workers. Officers verify that compensation aligns with regional benchmarks for the role.
The Duration of Work Permits
Most permits are initially valid for one year. Most permits are initially valid for one year. Extensions may be granted up to seven years for executives and senior managers, while specialized knowledge workers generally have a maximum of five years. Each renewal is subject to reassessment and evidence of continued business need.
New Purpose of the ICT Program
The Intra-Company Transfer program in Canada was created to facilitate temporary business assignments. While it is not a direct pathway to permanent residence, employees can use the Canadian work experience gained through ICT to meet eligibility requirements for permanent residence programs.
Many transferees later apply for permanent residence through programs such as the Provincial Nominee Program, which provides a pathway for skilled workers and business professionals. Others secure long-term status in Canada by obtaining a Permanent Resident Card after completing their work permit period and meeting eligibility requirements.
What Do These Changes Mean for Start-Ups?
Start-ups can transfer key staff to Canada under ICT, but approval is highly scrutinized. Applicants must provide detailed business plans, proof of financing, and evidence of ongoing operations to meet IRCC requirements. While challenging, compliance with these requirements makes the program accessible to growing enterprises.
Contact the Chaudhary Law Office for Assistance
The requirements for an ICT work permit in Canada involve complex documentation, strict eligibility criteria, and a thorough review of both the company’s and the employee’s qualifications. Errors or missing information can cause significant delays or rejections.
The Chaudhary Law Office provides professional guidance for businesses and employees navigating Canada’s intra company transfer process. As an experienced immigration lawyer in Canada, our firm assists with documentation, compliance, and strategic planning to ensure strong applications.
Conclusion
The intra-company transfer program remains one of the most practical tools for businesses seeking to bring key employees into Canada. Companies must demonstrate genuine business operations, while employees must fit into clearly defined categories such as executives, managers, or specialized knowledge workers.
Recent regulatory changes emphasize operational evidence, fair wages, and compliance with skill classifications. For start-ups, the process is rigorous but achievable with proper planning. For employees, the program offers not only temporary work opportunities but also potential long-term settlement through pathways leading to permanent residence.
If you are planning an intra-company transfer to Canada or preparing an application under the ICT Canada program, we can provide the expertise you need.
Contact us today at 416-447-6118 for a consultation and professional assistance with your application.
FAQs
What are the requirements for intra-company transfer in Canada?
Companies must have an active Canadian branch, subsidiary, or affiliate. Employees must have worked with the company for at least one year within the past three years in an executive, managerial, or specialized knowledge role. Clear evidence of the employee’s position, duties, and responsibilities strengthens the application.
How long does it take to get a work visa for an intra-company transfer in Canada?
Processing times vary depending on the applicant’s location and the visa office’s workload. Submitting a complete application and seeking legal guidance can improve your chances of approval.
What is the fastest way to get a work permit in Canada?
An Intra-Company Transfer (ICT) can be faster than some other work permit options because it does not require a Labour Market Impact Assessment (LMIA), though processing times may still vary depending on the visa office and the applicant’s circumstances. Timely submission of complete documentation is crucial for faster results.
What is the new rule for work permits in Canada?
New rules emphasize proof of active business operations in Canada, stricter wage compliance, and more detailed documentation requirements for start-ups. These changes aim to ensure fairness and transparency in the labour market.
Can I switch from an ICT to a skilled worker visa?
Yes. Many transferees transition from ICT status to permanent residence through Express Entry or Provincial Nominee Programs (PNPs), depending on eligibility. This pathway offers long-term stability in Canada. Professional immigration advice is strongly recommended to determine the most effective route for permanent residency.
