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The ICT (Intra-Company Transfers)

The International Mobility Program in Canada lays out regulations facilitating temporary work for highly skilled foreign nationals as intra-company transferees. If an individual works for a multinational company outside of Canada, they may qualify for an LMIA-exempt work permit to transfer to one of the company’s locations within Canada. This rule for intra-company transferees applies universally, encompassing all countries.
In Canada, the majority of foreign nationals seeking employment must obtain a Canadian work permit, usually requiring a positive Labour Market Impact Assessment (LMIA) from a Canadian employer. However, the intra-company transfers stream within the International Mobility Program offers an avenue for foreign nationals to secure a work permit without the need for an LMIA.

 

To be eligible for an LMIA-exemption as an intra-company transferee, both the employee and the company need to fulfill specific criteria.

General Requirements for the Employee:

  • Employed by a multinational company intending to work in Canada at the company’s parent, subsidiary, branch, or affiliate.
  • The Canadian enterprise must have a qualifying relationship as specified below.
  • Applying to work in Canada in an executive, senior managerial, or specialized knowledge position.
  • Must have been employed full-time with the company for at least one year within the past three years.

The International Mobility Program adopts the definitions outlined in the North American Free Trade Agreement (NAFTA) for identifying executive capacity, senior managerial capacity, and specialized knowledge as described below:

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Executive Capacity:

To qualify as having executive capacity, a position must fulfill some or all of the following criteria:

  • Direct the management of the organization or a significant component or function.
  • Establish goals and policies for the organization, component, or function.
  • Exercise considerable discretion in decision-making.
  • Receive general supervision or direction from higher-level executives, the board of directors, or shareholders of the organization.

Managerial Capacity

To satisfy the definition of managerial capacity, a position must fulfill some or all of the following criteria:

  • Manages the organization, a department, subdivision, function, or component thereof.
  • Supervises and oversees the work of other supervisory, professional, or managerial employees, or manages a critical function within the organization or a department/subdivision.
  • Holds the authority to make personnel decisions such as hiring, firing, and recommending promotions or leaves; if no direct supervision is involved, operates at a senior level within the organization’s hierarchy or concerning the managed function.
  • Exercises discretion in the day-to-day operations of the activity or function over which the employee has authority.

Specialized Knowledge

To fulfill the definition of specialized knowledge, a position must necessitate both proprietary knowledge and advanced expertise, which are defined as follows under NAFTA:

  • Proprietary Knowledge: Refers to company-specific expertise related to a company’s products or services, implying that the company has not disclosed specifications enabling other companies to replicate the product or service.
  • Advanced Expertise: Denotes specialized knowledge acquired through substantial experience (with the understanding that the longer the experience, the more likely the knowledge is genuinely specialized) and recent experience (within the last 5 years) with the organization. This expertise is utilized by the individual to make significant contributions to the employer’s productivity.
General Requirements for Multinational Companies
 
Once these requirements are met, applicants can proceed to submit a work permit application for an LMIA-exempt permit. Depending on the applicant’s country of residence and citizenship, applications can be made at a Canadian Port of Entry (POE), the relevant Visa Application Centre (VAC), and/or through online channels.
Additionally, specific countries have trade agreements with Canada that offer further options for Intra-Company Transferees. Individuals from countries covered by agreements such as the North American Free Trade Agreement (NAFTA) or the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) should explore these programs for additional opportunities.”
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