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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
Canada.
Limit to the duration of Intra-company Transfer (ICT) work
permits
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.
New rule
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
permits.
Norton Rose Group
Norton Rose Group is a leading international legal practice.
We offer a full business law service to many of the world's
pre-eminent financial institutions and corporations from offices in
Europe, Asia, Australia, Canada, Africa, the Middle East, Latin
America and Central Asia.
Knowing how our clients' businesses work and
understanding what drives their industries is fundamental to us.
Our lawyers share industry knowledge and sector expertise across
borders, enabling us to support our clients anywhere in the world.
We are strong in financial institutions; energy; infrastructure,
mining and commodities; transport; technology and innovation; and
pharmaceuticals and life sciences.
We have more than 2900 lawyers operating from 43 offices in
Abu Dhabi, Almaty, Amsterdam, Athens, Bahrain, Bangkok, Beijing,
Bogotá, Brisbane, Brussels, Calgary, Canberra, Cape Town,
Caracas, Casablanca, Dubai, Durban, Frankfurt, Hamburg, Hong Kong,
Johannesburg, London, Melbourne, Milan, Montréal, Moscow,
Munich, Ottawa, Paris, Perth, Piraeus, Prague, Québec, Rome,
Shanghai, Singapore, Sydney, Tokyo, Toronto and Warsaw; and from
associate offices in Dar es Salaam, Ho Chi Minh City and
Jakarta.
Norton Rose Group comprises Norton Rose LLP, Norton Rose
Australia, Norton Rose Canada LLP, Norton Rose South Africa
(incorporated as Deneys Reitz Inc), and their respective
affiliates.
On January 1, 2012, Macleod Dixon joined Norton Rose
Group adding strength and depth in Canada, Latin America and around
the world. For more information please visit
nortonrose.com.
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