ARTICLE
14 December 2011

CIC Issues New Guidance Allowing Intra-Company Transferees To "Recapture" Time Spent Outside Canada

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Green and Spiegel LLP

Contributor

Green and Spiegel is one of the world's oldest immigration law firms, with over 60 years of experience assisting a global clientele. Focusing exclusively on immigration law, the lawyers at Green and Spiegel provide a broad range of immigration services to individual, institutional, and corporate clients in Canada, the United States, and Europe.
Citizenship and Immigration Canada (CIC) has issued a new guidance to immigration officers advising them that documented time spent by Intra-Company Transferees (ICTs) outside Canada during the period their work permits are valid can be "recaptured" to allow ICTs to work in Canada for the full length of their permits as calculated by their physical presence in Canada.
Canada Immigration

Citizenship and Immigration Canada (CIC) has issued a new guidance to immigration officers advising them that documented time spent by Intra-Company Transferees (ICTs) outside Canada during the period their work permits are valid can be "recaptured" to allow ICTs to work in Canada for the full length of their permits as calculated by their physical presence in Canada.

Under current regulations and guidelines, after ICTs reach their maximum work permit duration (five years for specialized knowledge workers, seven years for executives and managers), they are required to complete one year of full-time employment in the company outside Canada before they can re-apply as an ICT.

Under the new guidance, time spent outside Canada, that is documented, can be "recaptured", i.e., will not count against the maximum time limit the ICT may work in Canada. ICTs will therefore be permitted to work in Canada for the full length of their permits as calculated by their physical presence in Canada.

For further information on the rules and requirements applicable to Intra-Company Transferees under CIC's Temporary Foreign Worker Program, please contact the immigration law specialists at Green and Spiegel LLP.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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