GIẤY PHÉP LAO ĐỘNG ICT, C12
Requirements and documents for applicants
criteria for a multinational company and Investment amount
Who Can Apply for ICT Visa?
- The applicant is currently employed by a multinational company and intends to work at the company's parent, subsidiary, branch, or affiliate in Canada.
- The applicant is transferring to a qualifying company establishment and will hold a full-time executive, senior managerial, or specific knowledge position.
- The applicant has been continuously employed by the foreign company for at least one year in the past three years in a comparable full-time capacity, proven with payroll or other documentation.
- The transfer is temporary and short-term in nature.
- The applicant meets all immigration requirements for temporary residency.
- There is a valid relationship between the foreign company and the Canadian company, supported by evidence.
Here are the types of foreign workers who can apply for an ICT visa in Canada based on their roles:
- Executives and Senior Managers: These are workers whose primary responsibility involves overseeing a significant portion of the business's management. They may be in charge of strategic planning, decision-making, and overall business operations.
- Functional Managers: This category includes workers who oversee crucial functions necessary for achieving the company's objectives. While they may not directly manage staff, they play a critical role in ensuring the success of key business functions.
- Specialized Knowledge Workers: These workers possess advanced competence and in-depth familiarity with the company's goods, services, operations, and protocols. They demonstrate specialized knowledge that is essential for the company's operations and success.
What are the criterias for a multinational company to qualify under the ICT visa guidelines?
- Type of Business Structures: The qualifying business must be a multinational enterprise with a presence in Canada, which can include a branch, holding company, subsidiary, or affiliate.
- Qualifying Company Types:
- Enterprise: This includes any type of corporation, limited liability company, partnership, unincorporated organization, association, or other business entity.
- Parent Compant: If a company owns and operates one or more subsidiaries, it can be considered a parent company.
- Subsidiary: Also known as a daughter company, a subsidiary is a company that is owned by a parent company, parent, or holding company.
- Branch: A branch is a part of a company that is owned by the company itself and operates with a separate company address.
- Affiliate: An affiliate is a business entity connected to another company, often as a member or subsidiary.
Here are the additional criteria for a multinational company to qualify under the ICT visa guidelines:
- Active Business Operations: Both enterprises involved must be actively engaged in providing goods and services consistently and continuously. Merely having a presence in Canada is not sufficient to meet this requirement.
- Physical Premises: The company must secure physical premises to accommodate its Canadian operations, especially for roles requiring specialized knowledge. However, in cases involving senior managers or executives, the actual address for the new startup may not yet be secured; for instance, the company may use its legal counsel's address until the executive can secure a building through purchase or lease.
- Realistic Staffing Strategies: The business must present practical staffing plans to support its expanded activities in Canada.
- Support for Executive or Management Functions: For transfers involving executives or managers, the company must demonstrate its ability to support executive or management functions effectively in Canada.
- Financial Resources: The company must have sufficient financial resources to initiate business operations in Canada and cover personnel expenses.
- Expected Business Conduct: The corporation must show that it intends to conduct actual business activities when transferring a specialized knowledge worker, ensuring that the job is supervised and managed by Canadian operations' management.
Immigration officers will also verify the following if a foreign company is expanding for the first time in Canada:
- Solid Business Plan: Is there a comprehensive and viable business plan demonstrating that Canadian operations will be successful, generating sufficient revenue to cover expenses such as bills and employee salaries?
- Job Creation for Canadians: Will the expansion result in job opportunities for Canadians? Immigration officers will assess whether the business expansion will contribute positively to the local job market.
- Need for Executive or Managerial Positions: Is there a foreseeable need for executive or managerial roles in Canada as the business expands? Immigration officers will evaluate whether the company's growth will necessitate the presence of higher-level positions in Canada.
Điều kiện xin Visa ICT
The required Documents for ICT Visa depend on several factors, including the kind of qualified company, the applicant’s background, level of education, and many other things. The secret to accelerating the process is using the appropriate documents. Along with the standard work permit paperwork, the following proof is needed for an ICT work permit:
- Clarify the connection between the multinational company's Canadian and international affiliates.
- Vị trí của đương đơn trong doanh nghiệp
- Detail their employment history with a multinational corporation based in another country.
- Cung cấp bằng chứng cho thấy đương đơn đang được xem xét cho vai trò trong công ty mẹ, công ty con, chi nhánh hoặc công ty liên kết tại Canada.
- Xác nhận rằng đương đơn đã làm việc cho công ty liên tục (toàn thời gian, không phải bán thời gian) ngoài Canada, ở vị trí toàn thời gian tương đương trong ít nhất 1 năm trong 3 năm ngay trước ngày nộp đơn (qua bảng lương hoặc bằng hợp đồng)
- Mô tả vị trí của đương đơn trong vị trí điều hành, quản lý hoặc kiến thức chuyên môn (vị trí, chức vụ, vị trí trong tổ chức, mô tả công việc…)
- Bằng chứng cho thấy đương đơn có “kiến thức chuyên môn” và vị trí tại Canada đòi hỏi điều đó
- State the intended duration of stay.
- Giải thích về mối quan hệ giữa công ty Canada và công ty nước ngoài (quan chức IRCC có thể yêu cầu bằng chứng cụ thể để xác định mối quan hệ giữa tổ chức Canada và nước ngoài muốn thực hiện sự chuyển giao)
Investment amount for expansion of the ICT Business to Canada
The Canadian Immigration Office (IRCC) does not impose a minimum investment requirement for businesses relocating to Canada. However, companies must demonstrate financial stability and access to funding to support their new operations in Canada and hire local talent.
Moreover, applicants must show that they have access to additional resources, such as cash or assets, to sustain their business in Canada if they are unable to achieve self-sufficiency within the first year.
