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CANADA – Work-permit instructions for intra-company transferees have been updated.
October 11, 2024
By: Nouran Hassan
On October 3, 2024, Immigration, Refugees and Citizenship Canada (IRCC) rolled out important updates to work permit instructions for Intra-Company Transferees (ICTs) under paragraph R205(a) (Significant benefit to Canada). These updates are aimed at enhancing clarity and streamlining guidance for officers processing ICT applications.
- Streamlined guidance: ICT instructions are now consolidated into a single page, simplifying navigation and improving ease of access for officers.
- Multinational corporation criteria: ICT applicants must be transferring from an existing foreign enterprise that is part of a multinational corporation (MNC). The updated instructions provide clearer guidance on how to determine whether a company qualifies as a multinational, emphasizing that an MNC must have business operations in at least two countries. Importantly, start-up ICT applications may no longer be viable** if the transferring company operates in only one country at the time of the transfer.
- Work experience & employment requirements: Clearer details have been provided on the required work experience and employment duration with the foreign company to be eligible as an ICT, as well as the location of employment.
- Eligibility for new ICT categories and work permit duration: Additional guidance has been provided on how foreign nationals can switch to a different ICT category when applying for a new work permit, and the maximum duration allowed for ICT work permits.
- New business establishment (C61 Code): Specific requirements for ICT applicants seeking to enter Canada to establish a new enterprise have been expanded.
- Specialized knowledge: The definition of “specialized knowledge” has been clarified, alongside tips on how to assess applicants’ qualifications. Officers are advised to scrutinize applications for low-skilled positions to ensure genuine specialized knowledge is involved.
- Remote work: If the work of the foreign national can be completed remotely, a reasonable explanation of why the foreign national must be in Canada would be required. Time difference between Canada and the foreign national’s location would not be a justifiable reason for a transfer. IRCC will apply its discretion on a case-by-case basis.
- Business premises: ICT applicants must work at the physical commercial premises where business operations are conducted in Canada. Business operations with no physical commercial premises (i.e., businesses operating from non-commercial/residential location, co-shared premises, virtual businesses using a mailing address in commercial locations such as malls) are not eligible to transfer under the ICT category to Canada.
These updates reinforce that the ICT program under the International Mobility Program is not a channel for transferring general workforce members to Canada. Each application must be well-supported with relevant documentation, and decisions must be clearly backed by accessible evidence within the Global Case Management System (GCMS). This consolidation of instructions will ensure smoother processing and help maintain the integrity of Canada’s immigration system.
As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
