MNC is a business corporation that operates in different countries and has its company, branch, offices, or factories in many countries. Every unit is managed by head office. These company can transfer their staff to another branch. This article will discuss how MNC can transfer their workers to Canada using an ICT work permit.
If you work in an MNC that has its parent company or a branch in Canada, the company can send the employees to Canada using Intra-Company Transfer (ICT) permit.
The government offers ICT work permits, which remain active for up to 1 year. These work permits can be renewed according to the eligibility of the worker. An employer can be excused from submitting Labour Market Impact Assessments (LMIA) if the worker qualifies.
To qualify for an ICT work permit, the company and the employee both have to meet the required qualifications.
Conditions for a company to be eligible for ICT
First, a company should be operating in Canada in order to qualify for an ICT work permit. Not only physical existence matters but functionality as well.
The company should be delivering its services and interests regularly to Canadian and foreign places.
However, the government can be a little flexible with start-ups.
In special cases, when the company is transferring senior managers or supervisors to Canada, the government may accept that the new start-up address is yet not decided. Thus, until the supervisor purchase or hire a place for the office, the company can utilize its lawyer’s Canadian address.
In addition to this, the start-up company should have a reliable plan for staffing and must be financially capable of setting up a business in Canada and be able to pay its staff as well.
Companies are required to prove that the supervisor and managers will be able to support their organizational and executive functions.
While sending a trained worker to Canada, the company should guarantee that a worker will carry out the work is guided and directed by the executives and managers present in Canada and verify that the organization is capable of conducting business.
Prerequisites for an employee to qualify for ICT
The employee may apply for an ICT work permit when
- He is working with an MNC and is willing to work in its company’s branch, subsidiary, or affiliate in Canada.
- MNC has repositioned him as an executive, senior manager, or specialized worker; he may be eligible.
- He is transferred to Canada to a company that has a connection to his existing company, and he will work for a legitimate and continuing branch of that company;
- He is temporarily visiting Canada.
- He satisfies all the immigration requirements for his temporary entry to Canada.
- If within the three years preceding the date of their application, the employee must have continually worked for the company that plans to transfer him outside Canada in an equivalent full-time position for at least 12 months.
The immigration department may consider other factors before rejecting the employee’s application if he doesn’t have a full-time job experience with the foreign company.
They may consider employees’ total years of job experience with the foreign company, the likeness of the aspired position by the employee, and the duration of his part-time job.
Additionally, officers will observe whether the intra-company transferee provision is misused.
