A Guide to Intra Company Transfer Canada: ICT Work Permit

Canada aims to attract entrepreneurs, self-employed individuals, and foreign workers using different Government programs. One special program known as Intra Company Transfer Canada offers permanent residence pathways for foreign entrepreneurs and self-employed individuals. The ICT Visa Canada also provides temporary work permits for foreign workers who wish to work in Canada temporarily.

Intra Company Transfer Visa Canada, also known as ICT is a unique Work Permit to PR Pathway designed for business owners and foreign skilled workers. You can apply for the Intra Company Transfer Canada if:

• You’re an Entrepreneur or Self-Employed who either wants to transfer home company or establish and operate a new business/startup in Canada.
• You’re a key worker ( executive, senior manager, or individual having advanced specialized knowledge that is uncommon) at a multi-national company and will be transferred to work in the affiliated Canadian branch.

Entrepreneurs and Self-Employed people who come to Canada under ICT Work Permit have an opportunity to get permanent residency if they start their own businesses and meet specific conditions. It is one of the fastest ways to immigrate to Canada through investment. Foreign workers who come to Canada under an ICT Work Visa can work in the country temporarily.

Entrepreneurs and Self-Employed individuals can use the ICT Work Permit Canada in one of two ways:

• To work in Canada temporarily
• To settle in Canada permanently

Entrepreneurs who intend to use this Intra Company Transfer Canada route must demonstrate the business they plan to operate will offer economic, cultural, or social benefits to Canada.

Similarly, Self-Employed individuals must also show their presence in Canada will offer similar benefits.

Successful candidates will be issued the ICT Work Permit that allows them to come to Canada and operate their business or work as Self-Employed individuals temporarily.

An applicant can demonstrate their work will offer “significant benefit” as part of the ICT Visa Canada requirements. They may demonstrate this benefit if:

• Their efforts will result in the creation of a business that benefits Canadians or the local economy.
• They have special skills or a background that boosts the chance of their business succeeding.
• They have a business plan that demonstrates they have performed clear steps to start their business.

The ICT visa Canada duration for individuals in this category will depend on the initial work permit request and the visa officer’s judgment. However, first-time applicants are typically issued permits up to two years in length.

The ICT visa Canada processing time typically varies from 2 to 10 weeks depending on the number of applications Immigration, Refugees and Citizenship Canada (IRCC) has received.

Individuals applying through the ICT dependent visa Canada category described above must follow the instructions described below.

• Register the business as a parent, affiliate, or subsidy of a foreign company
• Obtain an employment number or valid authorization from the Immigration Program Guidance Branch (IPG) for submitting an IMM 5802 form.
• Pay the employer compliance fee.
• Submit an application for their work permit

Successful candidates will then be issued their work permits.

Entrepreneurs and Self-Employed individuals who wish to use the Intra Company Transfer Canada to PR route must demonstrate their admission to Canada and eventual business operation or Self-Employment will benefit Canada. However, they must also possess a nomination from a Canadian province or be eligible for one to be issued their work permit under the Intra Company Transfer Canada.

Individuals who intend to apply for ICT Visa Canada through this category must follow the steps outlined below:

• Register the business as a parent, affiliate, or subsidy of a foreign company
• Obtain a letter of support from a Canadian province or territory.
• Obtain an employment number or valid authorization from the Immigration Program
• Guidance Branch (IPG) for submitting an IMM 5802 form.
• Pay the employer compliance fee.
• Submit an application for their work permit
• If the immigration officer isn’t convinced the candidate will perform legitimate business activities in Canada, they will ask them for additional documents. This could include:
  • A comprehensive business plan
  • A detailed staffing plan
  • The evidence they have initiated their business plan.
  • The evidence they have the funds to start their business and pay their employees
  • They have enough funds to support their lives in Canada.

Successful candidates will then be issued their work permits.

The ICT Work Permit also offers a method for foreign workers to work in Canada temporarily. These workers may also be able to use the Canadian work experience they have gained to apply for permanent residence under an Express Entry economic immigration program.

The company that intends to hire the foreign worker must meet the following requirements:

• The company must have a branch inside Canada. This includes a parent, affiliate, or subsidy branch.
• The company inside and outside Canada must both be performing business regularly and must continuously deal with providing goods and services.
• To staff the new operation, the company must provide realistic plans.
• To start a business in Canada and compensate employees, the company must be financially strong.
• The company must demonstrate that it will be large enough to support the executive or management functions when transferring executives or managers.
• A company transferring a specialized knowledge worker must demonstrate that it will continue to do business and ensure that management is responsible for guiding and directing the Canadian operation.
• As a general rule, a company must secure physical premises to house its Canadian operation, particularly if it possesses specialized knowledge.
• The company may use its counsel’s address until the executive is able to purchase or lease a building in specific cases involving senior managers or executives.

Some of the general Intra Company Transfer Canada requirements are:

• Being employed at a foreign company with a parent, affiliate, or subsidiary branch in Canada
• Being employed at the executive level, senior management level, or in an employee position that requires specialized knowledge
• Being with the company for a minimum of one year in the three years preceding the application.

This Intra Company Transfer Canada category is split into subcategories for the following types of workers:

• Executives
• Senior Managers
• Workers With Specialized Knowledge

1. Executives

The ICT Work Permit defines Executives as individuals who:

• Direct the organization’s management or control the organization’s functions
• Set the organization’s goals and policies
• Perform a wide range of high-level decisions
• Receive supervision only from higher executives, stockholders, or the organization’s board of directors

2. Senior Managers

The ICT Work Permit defines Senior Managers as individuals who:

• Manage the organization or its departments
• Oversee and manage other employees as their primary duty
• Possess the authority to hire, recommend, or fire employees
• Performs in an authoritative position in day-to-day roles

3. Workers With Specialized Knowledge

The ICT defines workers with “Specialized Knowledge” as individuals who have both the types of knowledge and expertise described below:

• Proprietary Knowledge: Company-specific expertise that is related to the company’s exact products and services.
• Advanced Proprietary Knowledge: Uncommon knowledge related to the company’s firms or products. This includes their application in international markets. Alternatively, this refers to an advanced level of knowledge or expertise related to the business’s procedures and processes. This includes production methods, research techniques, equipment operation knowledge, and management.

Applicants must ensure they possess both the Intra Company Transfer Canada specialized knowledge requirements described above.

This ICT work permit duration is usually two years. However, workers employed by a start-up will receive a work permit that is valid for only one year. In rare cases, people from visa-exempt countries can receive work permits that are valid for up to three years.

This ICT Visa Canada processing time in 2022 is approximately 2 to 10 weeks.

FAQs: Intra Company Transfer Canada