Thursday, January 30, 2025

Intra Company Transferees Program Canada – (IMP)

The International Mobility Program (IMP) enables highly skilled foreign workers to work in Canada as Intra-Company Transferees (ICT) temporarily. Companies that have locations in Canada and want to transfer employees to Canada can do so with the Intra-Company Transferees (ICT) stream that does not require you to go through LMIA process.

This exemption is granted as these transfers contribute significant economic benefits to Canada by sharing expertise with local businesses. Intra-company transferees can come from any country.

Intra-Company transfer categories

Executive Category

For a job to be considered in an executive category , it needs to fulfill some or all of the following:

  1. Directs the management of the organization, a key part, or function.
  2. Sets the goals and policies of the organization, part, or function.
  3. Makes significant discretionary decisions independently.
  4. Receives broad guidance but minimal supervision from higher-level executives, the board, or stockholders.

Managerial Category

To be considered in a managerial capacity, a position needs to have some or all of these features:

  1. Manages the entire organization, a department, subdivision, function, or component.
  2. Supervises and controls the work of other employees, or oversees a crucial function within the organization.
  3. Has the authority to hire, fire, or recommend personnel actions like promotions; if not directly supervising others, operates at a senior level in the organization.
  4. Makes decisions about the day-to-day operations of the assigned activity or function.

Specialized Knowledge

To qualify as specialized knowledge, a position must demand both exclusive company knowledge and advanced expertise, as defined by NAFTA:

Proprietary Knowledge: Specific expertise tied to a company’s product or services, not disclosed to other companies for replication.

Advanced Expertise: Specialized knowledge acquired through substantial and recent experience (preferably within the last 5 years) with the organization, significantly contributing to the employer’s productivity.

General Eligibility Requirements

  • You are presently working for an international company and wish to enter Canada within the same corporate group (parent, subsidiary, branch, or affiliate).
  • Your transfer is to a Canadian establishment with a qualifying relationship, and you will be engaged in a legitimate and ongoing role within that company.
  • The position you are transferring to holds executive, senior managerial, or specialized knowledge responsibilities.
  • You have worked continuously for the company planning the transfer, holding a similar full-time position outside Canada for at least one year in the three years preceding the initial application date.
  • Your visit to Canada is temporary.
  • You meet all immigration requirements for temporary entry.

Company Requirements

  • The company needs physical premises for the Canadian operation, especially for specialized knowledge. In some cases with senior managers or executives, using temporary addresses is acceptable until a permanent one is secured.
  • The company must provide practical staffing plans for the new operation.
  • Financial capability to start and sustain Canadian operations, including employee compensation, is required.
  • For executive or managerial transfers, the company must show it is sufficiently large enough to support these roles.
  • For specialized knowledge workers, the company must demonstrate ongoing business, with work guided by Canadian operation management.

Documentation Requirements

  • Confirmation of current employment with a multinational company outside Canada, intending to work in its Canadian branch.
  • One year of continuous full-time employment with a foreign company in a similar position is required within the last three years.
  • Details of the applicant’s executive, managerial, or specialized knowledge role, including position, title, and job description.
  • For “specialized knowledge,” evidence of the person’s expertise and its requirement for the Canadian position.
  • Details of the Canadian position, including title, role, and job description.
  • Expected duration of stay and description of the relationship between the Canadian and foreign companies.

How long is the Work Permit valid for?

The first work permit is typically for 1 year, extendable up to 2 years if the Canadian company is a subsidiary of a foreign one. Renewals, each lasting 2-3 years (up to 7 years total), are possible by meeting program requirements like having a Canadian office, employing a Canadian resident or citizen, and maintaining active business in both Canada and the home country.

What is the processing time for a Work Permit?

The usual processing time for Intra-Company Transfer is 2 to 10 weeks, but there’s a quicker option. If eligible, you can get the visa in just 2 weeks. This faster processing is available for visa-exempt countries, and it doesn’t include biometrics processing time.

Frequently Asked Questions (FAQs)

Do I need to take an English or French test for ICT work permit?

No, language testing is not typically required for an Intra-Company Transfer (ICT) work permit in Canada, but it may be requested in certain cases.

Am I allowed to work for another company/employer with an ICT?

No, Intra-Company Transferees (ICT) in Canada are generally restricted to working for the employer specified on their work permit. short answer.

Can Intra-Company Transferee (ICT) transition to permanent residency?

Yes, Intra-Company Transferees (ICT) in Canada can transition to permanent residency through various immigration pathways.

Can my spouse & children join me in Canada if I get an Intra-Company Transfer work permit?

Yes, your spouse and dependent children may be eligible to join you in Canada under the accompanying family member provisions of the Intra-Company Transfer work permit.

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