ICT Visa
An Ideal Opportunity For Business Owners
Englobe Law LLP
Introduction
If you have an international business overseas (or one that can be internationalized), and you want to expand your economic activities to Canada, the Canadian Intra-Company Transferee (ICT) program is a good option for you.
In this article, we will introduce you to the details of this program and walk you through how to get it, and how to transfer it to become a permanent resident.
What is an Intra-Company Transferee?
ICT is an immigration pathway under the International Mobility Program (IMP). It allows eligible business owners to relocate their businesses to Canada and obtain a work permit.
The International Transfer Program itself is a part of Canada’s immigration program that allows employers to hire foreign workers without the need for a Labour Market Impact Assessment (LMIA).
Canadian employers usually require an LMIA before hiring foreign workers to show that no Canadian workers are available to fill the position, and that a foreign worker or employee is needed instead.
Let’s now go back to the intra-company transferee itself. Through the ICT route, you are able to get an ICT work permit and eventually permanent residence (PR)—and with exemption code C12—you don’t even need a Labour Market Impact Assessment.
You can also bring your spouse (who can usually get a work permit) and children (who can get a study permit).
With the intra-company program, international companies can temporarily transfer qualified employees to Canada to improve management effectiveness, expand exports here, and increase competition in foreign markets.
Key Benefits of the ICT or C12 Program
- This program facilitates the transfer of non-Canadian employees to Canada and helps to strengthen the Canadian economy.
- It provides opportunities for international companies to develop their businesses and benefit from global talents and expertise in this country.
- It helps to exchange experiences and knowledge between Canadian and international companies.
- People who work in Canada under the ICT program can apply for permanent residence and enjoy the benefits of living this country.
Who is Eligible for an ICT Visa?
ICT’s aim is to attract reputable companies from all over the world to expand their activities in Canada. There are three categories of those who may benefit from this visa program. If you intend to apply, specify which of these three groups you belong to:
Business owners
Business owners, entrepreneurs, and shareholders of successful companies who currently hold executive positions in that company and intend to do similar work in Canada.
Senior managers and executives
Senior managers and executives currently working for a foreign company, and intend to have a similar position in Canada
Key employees of a business
Key employees of a business who have specialized knowledge that is unique, unusual, or rare
To clarify, especially in the third case, here’s an example.
Suppose you have a software company in India and you plan to develop it in Canada. Your employee has a lot of knowledge and experience in the field of complex software algorithms, so if she’s overseas, the new branch in Canada won’t do well. You also cannot find a Canadian employee with these skills, or training a Canadian to gain the same abilities would require a lot of time and money. In this case, we say that a person has specialized knowledge.
Conditions of Intra-Company Transfers in Canada
If you are in one of the groups mentioned above, you can apply for an ICT work permit to expand your business, or the business owners on whose behalf you are sent.
However, you must comply with the requirements to obtain a work permit based on the ICT program. These are:
- The main company must be active in Canada for at least 12 months (at least 3 years in the best case) before developing the activity.
- The parent company must be financially credible and able to support its foreign operations in Canada.
- As an ICT work permit applicant, you must have worked with the company for at least 12 months in the last three years before applying for immigration
- The main company must be related to the company located in Canada in the form of a parent company, a subsidiary, an affiliated company, or a branch; and
- The main company must be related to the company located in Canada in the form of a parent company, a subsidiary, an affiliated company, or a branch; and
- The company's operations in Canada should be stable and create jobs for Canadians.
First Overseas Branches
If you are going to establish the first overseas branch of the parent company in Canada, immigration officers will also check the following:
- Do you have a thorough business plan that shows what economic operations you are planning in Canada, and that your company’s operations here will be stable and can generate enough income to cover your expenses and your employees?
- Will this expansion create jobs for Canadians?
- Is the company big enough to need an executive manager or even a manager in Canada?
If you are applying for ICT for the first time, follow the steps below:
Submit your work permit application and wait for the decision of the Canadian Immigration Department
Collect all the required documents and prepare your work permit application;
Prepare a business plan in which the proposed business activities, market research, and how you plan to run a profitable operation in Canada are clear. Ensure that you include your employment plan and cash flow forecast for at least 2 to 3 years under industry standards;
Register your company in Canada as a parent company, subsidiary, affiliate, or branch of the main company;
Required Documents for Visa ICT
- Confirmation that the foreign national is currently employed by a related company outside Canada and that the company intends to transfer him to the parent company, subsidiaries, branches, or affiliates of that company in Canada;
- Confirmation that the employee has been employed (through payroll or contract) in a position similar to the company for three years continuously for one year (full-time) immediately before the initial application;
- An overview of the employee's position outside of Canada: job title, company location, job description, and duties;
- Outline of the intended position of the employee in Canada itself;
- Wage arrangements;
- The employee's intended length of stay in Canada;
- Description of the relationship between the Canadian and the foreign company;
- Evidence that both companies are engaged in economic activity.
For holders of specialized knowledge these additional documents are required from the employer:
- Documents that prove the employee's specialized knowledge.
- Confirmation that the intended position in Canada requires such knowledge.
Canada Intra-Company Transferee Visa Processing Time
In our experience, the average processing time for an intra-company transferee visa for various offices around the world is between three to six months, with some exceptions.
Important note: most ICT applications for managers and administrative staff are processed at the Edmonton Canada Case Processing Centre. This office uses “Chinook” file processing technology and therefore reaches a decision quickly.
If your application is submitted to this office, it will likely take 1-2 months for your assignment to be processed.
However, in practice, we have found that the rejection rate from the Edmonton centre is usually higher than from other offices. Therefore, you should consult us about where to send your request.
Duration of ICT Work Permit
ICT work permits are usually valid for 1-2 years. If certain employees are hired by the start-up company, the work permit (WP) will be valid for only 1 year. The work visa can be extended for another 2 to 3 years and a total of 5 years for employees with specialized knowledge, and 7 years for executives and managers.
Becoming a Permanent Resident
If you are working in Canada as part of the ICT program, we can help you apply for permanent residence.
If you are a senior manager or executive director, you can apply in the form of economic immigration such as Express Entry or various state immigration programs.
If you have specialized knowledge, you can also apply for permanent residence through a range of other suitable categories. Because these are numerous and complex, we suggest you consult us so we can provide you with the best and cheapest option.
Common questions
Yes, the spouse of a Canadian ICT work visa holder can obtain an Open Work Permit and work in Canada.
The applicant's claim when applying for this program is to expand the activity of the foreign company or business. Changing jobs goes against this goal.
Yes, if you have a Business license, you can.
Unlike many Canadian immigration programs, such as the Express Entry system or Provincial Nomination Programs, the Canadian ICT visa does not explicitly mention a specific language score in the rules and regulations, but according to the most recent rulings issued by the Federal Court of Canada, verifying the applicant's English or French language ability to obtain a work permit, it is inevitable. Therefore, although there is no need to provide a language certificate, it is necessary to provide this documentation.