Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
Canada's Intra-Company Transfer (ICT) program allows international firms to bring in foreign employees and transfer them to their Canadian subsidiary without having to go through the process of obtaining a work permit. It helps businesses in Canada fill employment gaps and fast-track recruitment for hard-to-fill positions while building their company's capacity to compete in a global business environment.
It is a relatively less complex process than securing a work permit for a foreign employee. If you want to expand your business to Canada, this program allows you to bring in foreign workers while keeping control of your operations with negligible immigration risk. Hiring a business immigration lawyer can help expedite the process.
Here's what you need to know about the intra-company transfer program in 2023.
Eligibility Criteria
To be eligible, the employee must have been employed by the company for at least one year before the transfer. To qualify for the visa, the candidate must be an essential or critical resource of their Canadian employer. This means they should hold a managerial position in the company or possess specialized expertise that cannot be exhibited by Canadian workers. A letter of endorsement from the company confirming the candidate's position and duties must be submitted as part of the application.
This will indicate that the employee is an essential part of the company and should not be hired from outside the company to fill that position. Lastly, the transfer of the employee to a Canadian subsidiary can only be temporary. They are not allowed to apply for permanent residence under the ICT program.
Application Process
The application process for the intra-company transfer visa is fairly straightforward and can be completed online. You will first need to create an account and complete the application form. The company must obtain a Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). This confirms that the employee transferred isn't taking a job that is currently being performed by a Canadian worker and that they are going to bring positive economic benefits to the company. The LMIA is valid for six months from the issue date and can be renewed for a maximum of three years.
After the LMIA is approved, the employee can apply for a work permit under the International Mobility Program (IMP). The IMP allows employees to get a work permit exempting them from fulfilling the requirements of general labour hiring requirements. This process can be done both online or through paperwork. Make sure all the information is accurate and precise to avoid any delays when applying for a work permit.
Work Permit Validity
The work permit is valid for five years from the date of issuance. The employee cannot apply for permanent residence during this period. The duration may be shorter or longer than five years under certain circumstances. For example, if the company requires the employee to work for fewer than five years, they can apply for an abbreviated work permit.
Extension and Permanent Residency
If the employee meets all the eligibility criteria and the company would like to extend their stay in Canada beyond the expiration date of the work permit, they can apply for a renewal before expiration. This will allow the employee to continue working for the company for another five years until their work permit expires again.
Some employees may also be eligible to apply for permanent residency after five years of working in Canada on an intra-company transfer visa. This is, however, subject to certain eligibility requirements depending on the province of residence. This can be done through the Express Entry program or the Provincial Nominee Program (PNP) of the province where the employee is currently living in Canada.
Role of an Immigration Lawyer
Having a professional business immigration lawyer is important for the company to assist employees with the complex process of obtaining a work permit. They know immigration laws and understand how best to help their employees achieve their goals in Canada. Hiring an experienced immigration consultant will ensure that the process is completed quickly and hassle-free.
If your company is looking to hire foreign workers under the IMP program, you should look for an immigration lawyer who is knowledgeable about this program and has the right expertise in this area.
Nanda & Associate Lawyers has a team of lawyers who are skilled with a consolidated 150 years of experience.
Their immigration consultants offer free consultation appointments. They also have a team of wills and estate, family, and litigation lawyers who speak more than 15 languages.
To get in touch with the team, click here to book a consultation.
About the Author
The author of this blog is an immigration lawyer with over a decade of experience helping people immigrate to Canada and obtain Canadian citizenship. She runs her own immigration law firm in Toronto where she helps businesses and individuals from around the world with all their immigration needs.
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