Intra-Company Transfer
(ICT/C12 Work Permit)

• Access to free public healthcare
• No English language is required
• Spouse is eligible for an Open Work Permit
• Transferee’s children may attend public schools for free
• Potential pathway to Canadian permanent residency. (Canada ICT visa to PR)

For Canadian immigration purposes, an intra company transferee is an employee reassigned by a foreign company to work at a Canadian subsidiary, branch, affiliate, or parent company. Canada offers visas and works permits for intra-company transferees if the applicant meets the eligibility criteria.

Executives, senior managers, and workers with specialized knowledge are the three types of foreign workers eligible for work visas under the Intra-Company Transfer Program.

Business owners are only responsible if they can achieve the goals outlined in the initial business plan because a business plan is not legally binding. A business plan is a document that proves feasibility studies were carried out before expansion into Canada and backs up the sincerity of a foreign company’s intentions.

In 2022, 5% đến 10% of ICT visa Canada work permit applications were rejected. Such refusal usually happens when the IRCC visa officer has concerns about your company’s viability or believes that its present financial situation makes it less likely that it would be successful in Canada.

Before hiring a skilled foreign worker, a Canadian business owner may need a Labor Market Impact Assessment (LMIA). Qua LMIA, các doanh nghiệp Canada sẽ chứng minh nhu cầu tuyển nhân viên nước ngoài để đảm nhiệm vị trí công việc.

The good news is that employees who qualify for ICT Visa Canada are exempt from LMIAs. Due to this, obtaining a visa is more straightforward and takes less time overall.

Chủ doanh nghiệp không cần nộp đơn thông qua visa ICT để chứng minh khả năng tiếng Anh trong đơn xin visa. Tuy nhiên, nhân viên nước ngoài chuyển đến làm việc tại Canada phải cung cấp bằng cấp tiếng Anh của họ.

In certain instances, part-time employees or those who have worked for less than a year with a foreign company may still qualify for an ICT visa Canada Work permit. This is despite the usual requirement of having at least one year of full-time work experience within the preceding three years.
The IRCC officer considers several factors when assessing part-time employment eligibility:

• The applicant's history of employment with the employer.
• The comparability of the position in Canada.
• Signs of any potential misuse of the program.

Additionally, the one-year work experience requirement can be satisfied in scenarios involving corporate acquisitions or mergers. In such cases, if the transferee's employment with an affiliate fulfills this requirement, and the successor entity assumes the operations of the transferee's former employer, the criterion is considered met.

Employers and business owners entering Canada under the ICT work permit can help their spouses obtain an open work permit, allowing them to work in Canada. Children can attend public schools for free, and the applicant's family members also have access to free healthcare in Canada.

If all program requirements are met (such as having an office in Canada, employing Canadian PRs or citizens, and maintaining active businesses in both Canada and the home country), the initial work visa issued under the ICT visa program is usually valid for one year. If the Canadian company is a subsidiary of a well-established foreign corporation, IRCC may, in certain circumstances, approve a work permit for two years. In such instances, the ICT work permit for Canada can be renewed multiple times (up to seven years, with extensions typically granted every two to three years).

Work permit applications can be made at a Canadian Port of Entry (POE), at the appropriate Visa Application Centre (VAC), online, or in person, depending on the applicant's nationality and country of residence.

The home company and its Canadian subsidiary or affiliate are often not legally required to operate in the same line of work. However, it is strongly advised that the Canadian company engage in a comparable business or operate in the same sector as the application because the IRCC may doubt the applicant’s competence to manage a very different type of business in Canada.

No, you cannot work for another company while holding an ICT Visa in Canada. The ICT visa work permit is specific to the sponsoring employer, and you are not allowed to work for any other employers during this period. However, your Canadian corporation may engage in providing products or services to customers both domestically and internationally, depending on its business nature.

Immigration laws do not mandate profitability in your company's first year. However, it's crucial that your business is actively operational, providing services or goods to clients both locally and globally. Also, maintaining a physical presence like an office or warehouse and employing at least one Canadian worker (either a Citizen or Permanent Resident) are fundamental components of your business's operations.

Managerial and senior executive workers have the option to continue receiving payment from and remain on the payroll of their home company. However, it is recommended that their income aligns with the Canadian median wage guidelines for their respective positions if they choose to receive their salary in Canada.