A work visa can be obtained in a number of ways for foreigners who want to work in Canada. Among the policies, Canada implements are the Intra Company Transfer program. Those eligible for this have been temporarily transferred to work for the Canadian subsidiaries, parent companies, or affiliates of their foreign employer.
ICT Programs basics
Prior to applying for a work visa through this program, foreign nationals should be aware of the following basic requirements:
- A Labor Market Impact Assessment (LMIA) is not required for work permits under this program.
- It will be necessary for an individual to hold a managerial, executive, or specialist position within Canada in order to qualify for membership in this group.
Lastly, Canada defines managerial, executive, or jobs involving specialized expertise as “jobs that require special expertise.” A manager’s position can be classified as either functional or senior.
Senior manager: The manager or professional staff member responsible for supervising or controlling another manager’s work.
Functional Managers: Supervisory employees who are responsible for overseeing a specific task that is important to the company’s goals. But who does not necessarily supervise colleagues?
Positions in executive management involve directing a significant portion of the company’s administrative functions or the entire company.
Employees who hold jobs requiring in-depth knowledge of the company’s goods, services, operations, and procedures demonstrate specialized knowledge.
Eligibility criteria of the ICT Program
These subheadings describe the ICT eligibility requirements according to various groups.
Employee eligibility for ICT
Transferring employees must comply with the following requirements:
- A multinational corporation (MNC) is seeking to transfer foreign workers to Canada.
- Obtain a transfer to an organization that has a qualifying connection to where they are currently employed.
- Obtain a job with a company with a solid Canadian presence.
- Meet all Canadian immigration rules to obtain temporary entry.
- The candidate must have worked full-time for at least one of the last three years in a position comparable to the one they will fill in Canada.
The last bullet point mentioned above does not always apply to all cases. There are a few exceptions to this rule. The following exclusions apply:
- It is possible for IRCC to consider additional factors, such as the number of years that the employee has worked with the foreign multinational corporation, how similar the job is to one in Canada, Whether the company is trying to misuse the ICT work permit if the employee works part-time rather than full-time, how similar the job is to one in Canada, how big of a part-time position it is, etc.
- A recent corporate acquisition or merger does not require the employee to work for the current company for a year if they have previously worked for an affiliate of the new company for at least a year within the previous three years prior to working for the new company. The successor firm must show that it has taken over all of the original company’s rights, responsibilities, and financial commitments and that it is still conducting the same kind of business.
A company’s eligibility for ICT
In accordance with the ICT program, a typical business relocating its employees to Canada must meet the following requirements.
- Applicants for the ICT program must be affiliated with a Canadian organization through their parent company, subsidiary, branch, or affiliate.
- Corporations must not only have a physical presence in Canada but also operate there.
- In order to operate together, the foreign MNC and the Canadian enterprise need to be conducting business together at the moment.
Eligibility of start-ups for ICT
Foreign companies wishing to relocate key personnel in order to start a new operation in Canada must meet different requirements than ordinary businesses.
A one-year temporary employment visa is provided to successful applicants from ICT start-ups. The licenses may be renewed if the company maintains a qualifying relationship with a Canadian entity and conducts active business there. Staffing was also required for the new Canadian operations.
In order to obtain an ICT work permit for a new business. Applicants must demonstrate their capacity for success in Canada. To demonstrate this ability, one must:
- Showing that the company is capable of paying startup costs, including employee salaries.
- Outlining hiring strategies and conducting business in Canada in a business plan.
- Securing a physical space (or showing that the organization is in the process of securing one).
- The company must demonstrate that it is big enough to handle the responsibilities of its new managers and/or executives.
- Demonstrating a business intention and a commitment to Canadian management overseeing the job within the country.