Intra-Company Transfers - Themillenniumimmigration

Intra-Company Transfers to Canada: How to Get a Work Permit

Foreign businesses that have a parent company, branch, subsidiary, or affiliate in Canada can bring key personnel to the country through an Intra-Company Transfer. This program allows for the transfer of essential employees, facilitating seamless operations and collaboration across international offices.

Companies can indeed transfer employees to Canada without having to complete the labour market test. This exemption simplifies the process for businesses looking to bring key personnel across borders.

If you’re considering this option, navigating Canada’s work permit requirements can be complex. Cohen Immigration Law has over 11 years of experience in Canadian immigration matters and can help streamline the process for you.

Feel free to complete our contact form to schedule a free telephone consultation with our work permit lawyers.

Criteria for companies
Criteria for employees
Occupation criteria
ICT work permits for start-ups
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Who can get an ICT work permit for Canada?

Companies can apply for an Intra-Company Transfer (ICT) work permit if they meet specific criteria regarding their operations in Canada and their relationship with the foreign entity. Here’s a summary of the key points:

Eligibility Criteria for ICT Work Permits:

1. Relationship Between Companies:
The foreign company and the Canadian entity must have a parent, subsidiary, branch, or affiliate relationship.
Both companies must be operational, meaning they actively provide goods or services.

2. Employee Qualifications:
The employee must currently work for a multinational company and seek to transfer to a related company in Canada.
They must have been employed continuously in a similar full-time position for at least one year within the last three years.
If the employee worked part-time, additional factors may be considered, such as overall work experience and the similarity of the roles.

3. Recent Corporate Changes:
In cases of a corporate acquisition or merger, the one-year requirement can be waived if the employee has worked for any affiliate for at least one year within the past three years.

4. Temporary Entry:
Employees must be coming to Canada temporarily and comply with all immigration requirements.

5. Job Functions:
Positions must fall under one of three categories:
Executives and Senior Managers: Direct the management of the enterprise or oversee significant components.
Functional Managers: Manage essential functions, potentially without supervising other employees.
Specialized Knowledge: Employees must possess advanced knowledge of the company’s products, services, or processes.

Conclusion

If you’re considering an ICT work permit, Cohen Immigration Law can assist you through the process with our extensive experience in Canadian immigration regulations. If you have any questions or would like to schedule a free consultation, please reach out!

ICT work permits for start-up companies

Foreign businesses looking to establish operations in Canada can utilize the Intra-Company Transfer (ICT) program, specifically the ICT Start-Up visa, to bring essential workers to facilitate their launch. Here are the key requirements and considerations for this visa:

ICT Start-Up Visa Requirements

1. Financial Viability:
Provide evidence that the company can cover the start-up costs and compensate employees adequately.

2. Business Plan:
Submit a comprehensive business plan outlining:
Staffing strategies for the new operation.
Realistic projections for conducting business in Canada.

3. Physical Premises:
Demonstrate that physical premises have been secured or are in the process of being secured for the new operation.

4. Support for Management Functions:
When transferring executives or managers, the company must show it is sufficiently large to support these roles.

5. Specialized Knowledge Workers:
For specialized knowledge workers, evidence must indicate that the business is operational and that management in Canada will direct their work.

Permit Duration and Renewal

The ICT Start-Up program offers a one-year temporary work permit, which can be renewed provided the company maintains a qualifying relationship and continues to actively conduct business.
Additionally, the new Canadian operations must be adequately staffed to support ongoing activities.

Conclusion

Navigating the ICT Start-Up visa application process can be complex, but Cohen Immigration Law is here to assist you. With our extensive expertise, we can guide you through establishing your operations in Canada. If you have questions or would like to schedule a free consultation, please reach out!

ContactTHE MILLENNIUM IMMIGRATION for Assistance

If you need assistance with obtaining a work permit in Canada, THE MILLENNIUM IMMIGRATION is here to help. With over 11 years of experience, we specialize in guiding workers and employers through the Canadian immigration process.

Feel free to reach out to schedule a free telephone consultation with one of our knowledgeable lawyers. We’re ready to support you in navigating your work permit options!