Immigration, Refugees and Citizenship Canada (IRCC) recently provided some updates on how officers should consider particular issues related to intra-company transfer (ICT) applications. Generally speaking, ICT applications allow employees of a foreign corporation which has a relationship with a Canadian company (e.g. parent/subsidiary or sister companies), to secure a work permit in Canada. The foreign employee must be in either a senior managerial/executive position, or have ‘specialized knowledge’.
Some highlights of the new guidance are:
- With regard to start-up operations in Canada:
- The employee being transferred must have been employed with the foreign corporation for at least one year in an executive, managerial, or specialized knowledge capacity. (Previous wording indicated only ‘relevant capacity’.)
- The corporation must present a business plan with clear milestones and goals, and set out the employee’s role.
- With regard to Senior Executives and Managers:
- The employee being transferred must have worked for the foreign company continuously for at least one year in a similar role.
- The Canadian role must involve management of the organization or a significant element thereof, with decision-making powers and responsibilities clearly set out.
- With regard to Specialized Knowledge Workers:
- In keeping with the concept that the employee being transferred have advanced experience or unique knowledge not readily available in Canada, the person must have held a position in the foreign company for at least one year in a specialized role.
- The specialized knowledge must be the justification for the need to transfer the employee.
Though there were guidelines for these issues previously, the new versions are more precise. Employers should be careful to ensure that they meet the guidelines set out, and document the evidence required to establish the elements noted. Further details on this topic can be found at the following IRCC link: IRCC ICT Guidelines.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.