We are pleased to announce that there has been a positive change
to Canadian immigration policies to benefit employees holding
Intra-company Transfer work permits who travel frequently outside
Limit to the duration of Intra-company Transfer (ICT) work
The rule previously was the following: After ICTs have reached
their maximum work permit duration (five years for specialized
workers, seven years for senior management), they would have to
complete one year of full-time employment with the company outside
Canada if they wished to re-apply as an ICT. If they were unable to
complete one year outside Canada, then the foreign worker would
have to obtain a work permit under the Labour Market Opinion
category, a very long and cumbersome process.
Recaptured Time — Normally, the
duration of the work permit is used to calculate the maximum time
limit that an ICT is allowed to work in Canada. However, time spent
outside Canada during the duration of the work permit can now be
"recaptured." For example, if an ICT worker has a work
permit for one year and spends two months over the course of the 12
months working in the US, then only 10 months would count against
his or her five- or seven-year limit as an ICT. In summary,
documented time spent outside Canada can be recaptured to allow the
ICT full years of physical presence in Canada.
This is great news for cross-border employees. For your
employees to benefit from this change, we recommend that a travel
chart of entry/exit dates be maintained. We also recommend that
employees retain copies of travel itineraries/ airline tickets,
hotel stays, etc., showing precise lengths of stay in Canada each
year. With such information, your employees will be able to
recapture the time spent outside Canada when extending their work
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The CEC, woven into the framework of the IRPA in 2008, was established in a bid to retain the top talent from abroad and overcome the excessively long processing delays many applicants experience when applying for permanent residence status under the federal skilled worker program.