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 to transfer expertise of Canadian key staff, either a start-up or an established one.

ADVANTAGES of ICT VISA

• does not require LMIA

• qualifies for 2-week processing time under the Global Skills Strategy

• experience gained on ICT Work Permit can be used for immigration to Canada after one year of working for Canadian affiliate.

• better for a start-up company

MAIN REQUIREMENTTS :

• TRANSFEREES Must have been working for a foreign entity continuously, full-time in a similar position, for at least one year

• 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) 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 CORPORATION must be a legal entity doing business, 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 Canadian bank proving that around $100,000 is available to cover start-up expenditures, lease agreement, etc.

• 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 ICT WORAK PERMIAT

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. 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

• 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 transferees. For example, a work reference letter, pay stubs, dividend payments, shareholder certificates, etc.

• Invitation Letter from a Canadian company.

FROM ICT VISA TO PR

After one year, intra-company transferees can apply for PR through Express Entry. With a valid job offer, additional 50 or 200 points will increase a foreign worker's CRS Score increasing the chances to get an ITA. If the foreign worker also owns (at least 51%) a Canadian company, then he may apply for Owner Operator LMIA to get additional 200 points for a valid job offer. Intra-company transfer can be treated as a valid job offer for immigration to Canada purposes, 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.

ICT 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.

ICT INVESTMENAT 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 consultant. We will evaluate your eligibility for Intra-Company Transfer Work Permit.