The Intra Company Transfer policy was created to permit international companies to temporarily transfer qualified employees to Canada for the purpose of improving management effectiveness, expanding Canadian exports, and enhancing the competitiveness of Canadian entities in overseas markets.
An employer/employee position must exist with the Canadian branch. The Canadian employer would be in charge of the employee and evaluate performance. Usually, wages are paid by the Canadian branch but it is not always a given. Evidence that an employer is a legal entity may be articles of incorporation, partnership agreements, license to do business, evidence of registration with the Canada Revenue Agency (CRA) as an employer.
Foreign companies that are establishing or purchasing a subsidiary, branch or affiliate enterprise in Canada may transfer employees in an executive, senior managerial or specialized knowledge capacity to work in the Canadian enterprise. An “Affiliate” relationship is where the transferring company and the Canadian transferee company are both controlled by the same entity or group.
The employee must have worked full time for the foreign company for at least one year in the 3 year period immediately preceding the application. Employees seeking to enter as ICTs in the “specialized knowledge” capacity must provide proof of their possession of such knowledge and why it is specialized.
Must be a qualifying relationship between the company abroad and the one in Canada. Must be undertaking employment at a legitimate and continuing establishment (18 to 24 as a guideline). Part-time accumulated work does not count, experience 6 years ago does not count. Extensions of 5 to 7 years maximum may be granted.
Executives and Senior Managers
The holder must be transferring to a Senior Executive or Managerial level position at a permanent and continuing establishment of that company in Canada for a temporary period.
Specialized Knowledge worker
Must have knowledge at an advanced level of expertise” and “proprietary knowledge of the company’s product, service, research, equipment, techniques or management.”
Proprietary knowledge alone, or advanced expertise alone, does not qualify the applicant under this exemption.
The ICT provisions specifically contemplate their use in Start-up situations and have much fewer requirements than an Owner Operator LMIA. Thus, these also can be a useful stepping stone for an Owner Operator LMIA in the future.
ICT workers require a work permit and do not require an LMIA (C12 exemption). Provide significant economic benefit to Canada by transfer of expertise to Canadian businesses –Applies to any foreign national from any country.
Intra-Company Transfer (ICT) to Permanent Residence
There is no minimum Net-Worth, only financial ability to start Business
Work permit and Business Visa take a few weeks to process
We help you buy or start a suitable business in Canada
The eligible investor can qualify for Permanent Residence within a few months
Only functional knowledge/ capability of the English/French language required
The spouse can get Open Work Permit
Children get student Visa and no foreign student fee in Public Schools
The whole family of the applicant is eligible for free Provincial Health Coverage