Intra-Company Transfer (“ICTs”) Canada

 

INTRA-COMPANY TRANSFER CANADA

The intra-company transfer canada category allows running companies from outside Canada to temporarily transfer qualified employees to Canada

1. if the company has its working branch, affiliate company or subsidiary in Canada and
2. if this transfer of employee, adds value to the Canadian Labour Market with their enhanced skills and expertise the purpose of improving management effectiveness and
3. IFA significant contribution to Canadian economy in future like; investment in Canadian economy, expanding Canadian trade or exports and generating employment for Canadian.

For bringing foreign workers in Canada, companies need to apply for LMIA (Labour Market Impact Assessment) but qualified intra-company transferees only require work permits which are exempted from the Labour Market Impact Assessment(IRPA paragraph R205(a), exemption code C12). This reduces the processing time for visas and makes it easier as well as cost-effective. Under paragraph R204(a) of IRPA LMIA exemption code T24 for qualified intra-company transfer canada who are citizens of a country that has signed a free trade agreement (FTA) with Canada.

Intra-Company Transfer Canada(ICT): Advantages and way to Permanent Residence

• The eligible investor/ work permit holder can qualify for Permanent Residence.
• Canadian job experience under ICT is eligible under Express Entry profile and it increase your CRS
• After one year of job under ICT work permit, you can also be eligible for 50 (Under NOC 0, A, B) or 200 (Under NOC 00)for a valid job offerin Canada.
• Only functional knowledge/ capability of the English/French language required but for Express Entry profile you need 6 band each in all modules in IELTS
• There is no minimum Net-Worth or investment, only financial ability to start Business but it should satisfy Business plan.
• Transfer of money to Canadian account can help.
• Work permit processing takes very less time. It can be done at Visa Post, Online or Port of Entry
• Work permit can be issued for 1 year for new and 3 years for existing company.
• The spouse can get Open Work Permit
• Children get student Visa and they can study for free till high school in Public Schools
• The whole family of the applicant is eligible for free Provincial Health Coverage

 

Companies Qualifying Relationship

There must be a qualifying relationship between the company abroad and the one in Canada. 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.

1. Subsidiaries: Subsidiary refers to a firm, a corporation, or other legal entity of which a parent foreign company owns:

Directly or indirectly, half or more than half of the entity and controls the entity; orowns, directly or indirectly, 50% of a 50-50 joint venture and has equal control and veto power over the entity; orowns directly or indirectly, less than half of the entity, but in fact controls the entity.

1. Branch: Branch is an operating division or office of the same organization housed in a different location.
2. Affiliate means: one of two subsidiaries, both of which are owned and controlled by the same parent or individual; orone of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each company.

Employee’ Requirements

The employee must be undertaking employment at a legitimate and continuing foreign establishment having worked full time for at least one year in the last 3-year period immediately preceding the application.

Following three types of workers can be migrated to another country through Intra Company Transfer program:

Executives: A worker who is controlling or supervising the management level works of the company with high-level authorities to deal with management related works. If a worker holds the power to change or make new rules of the company’s policies then that worker is eligible for a work visa for Canada through Intra Company Transfer.

Senior Managers: Workers who manage other managers and workers of the company are called senior managers. A worker who is a senior manager in any branch of the company is eligible to get a work visa for Canada if the branch in Canada lacks stability in management.

Skilled Workers: Skilled workers are those workers who possess unique skills and expertise in those skills. They can be migrated to provide their best skills to the Canadian branch of the company that will also be helpful for the Canadian Labour Market.

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.

The following points are also considered while granting work permit under ICT.

Education – Your education should reflect your current position as well as your intended purpose in Canada.

Knowledge– Knowledge in your field should be based on experience with the company and be unique to your occupation. Essentially, not just anyone would be able to accomplish your intended purpose in Canada.

Experience – Your experience or tenure with the company should be comparable to your claims of unique knowledge. If you have only been working of the company for two years, for example, you will need to strongly demonstrate that you have amassed unique or insider knowledge of the company’s business in a relatively short amount of time.

Salary – Your intended salary should be comparable to current market standards in the province your company will be operating out of in Canada.

Relevant training – Training you have received could also reflect how you have obtained specialized or in-depth knowledge.

Supporting documentation – Your resume, reference letters, proof of completed works etc. should reflect your claims and the factors above.

Duration and extensions of Work Permit under Intra Company Transfer Canada

Work visa obtained using Intra Company Transfer Canada is initially for one or max two year, but it can be extended if needed. Extension can be granted for total period of 5 or 7 years from the start of work permit. For renewal process there are few things to consider:

1. Canadian companies and foreign companies should have a continuing relationship with each other.
2. Office in Canada should be up and running well in the past year where services and goods must be in continuous supply.
3. The Canadian office must have staff recruitment as per business plan submitted and reasons if not done as committed.

 

To be successful as an intra-company transfer Canada, you will need to satisfy an officer making a decision on your matter that you have the necessary skills and background to fulfil you intended purpose in Canada, your parent company abroad and the company in Canada have a qualifying relationship and you will be fulfilling your intended duties under the classification of an executive, managerial or specialized knowledge.

An application for an intra-company transfer Canada work permit is a very document intensive and complicated application. We highly recommend you seek the assistance of a skilled immigration representative.

 

 

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