On October 3, 2024, Immigration, Refugees and Citizenship Canada (IRCC) introduced significant updates to the Intra-Company Transfer (ICT) work permit categories under the International Mobility Program (IMP). These changes establish stricter eligibility criteria for businesses and foreign workers, reflecting a more rigorous approach to regulating temporary residency in Canada.
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Key Regulatory Framework
The ICT categories fall under two primary regulations within the Immigration and Refugee Protection Regulations (IRPR):
- Regulation 204(a) that pertains to cases where Canada has an international free trade agreement (FTA) that includes provisions for intra-company transfers, such as the Canada-United States-Mexico Agreement.
- Regulation 205(a) that applies to foreign nationals who meet ICT criteria, provided their transfer to Canada will yield significant social, cultural, or economic benefits for Canadian citizens or permanent residents.
The recent updates impact both regulations, but the changes do not apply uniformly across them.
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Updated Eligibility Criteria for Intra-Company Transfers
Let's examine the key updates to the 205(a) Regulation:
- Position Availability: Applicants must demonstrate that their role with the overseas enterprise will remain available during their time in Canada, ensuring they can return to their original position after the assignment.
- Specialized Knowledge Clarification: The definition of specialized knowledge has been refined to require evidence of both, advanced proprietary knowledge and a high level of expertise that is uncommon among the enterprise's general workforce. This means applicants must establish themselves as key personnel with unique skills, rather than simply being highly skilled workers.
- Movement Between ICT Categories: The policy clarifies that foreign workers can qualify for multiple ICT categories only if they have spent at least one year in the last three years in both specialized knowledge and managerial roles. Therefore, employees who transition from a specialized knowledge position to a managerial role must have held a managerial position for at least one year prior to their transfer.
- Physical Presence Requirement: ICT workers are now required to work at physical commercial premises in Canada. Businesses lacking such locations—those operating from home, virtually, or in non-commercial settings—will not qualify for ICTs. If remote work is possible, employers must provide compelling reasons for the worker's presence in Canada; simply citing time differences will not be accepted.
- Start-Up Requirements: The criteria for using the ICT work permit to start a new enterprise in Canada have been revised. Under Regulation 205(a), the foreign worker must be employed by a multinational corporation (MNC) with operations in at least two countries generating revenue beyond its home country. This change restricts companies from using the ICT category to establish their first international presence in Canada.
Do you want to become a PR in Canada? At INGWE, we can support you! Connect with one of our licensed immigration consultants for a personalized assessment. We speak over 8 languages and have helped applicants from over 50 countries in their journey to Canada. Fill out our form to get started, click here.
Wage Considerations
While a prevailing wage requirement has always applied to specialized knowledge workers under Regulation 205(a), it was not previously mandatory under Regulation 204(a). The updated policy now mandates that officers ensure wages for all ICT categories, that is specialized knowledge workers, senior managers, and executives, are reasonable and aligned with prevailing wage standards. This implies that wage compliance will undergo closer scrutiny across all ICT applications.
Implications for Renewal Applications
As employers prepare for ICT work permit renewals, they must carefully navigate these updated guidelines. The increased documentation requirements and scrutiny mean that applications that may have been successful in the past might no longer meet the new standards. Employers are advised to gather comprehensive evidence to support their renewal requests.
Do you want to become a PR in Canada? At INGWE, we can support you! Connect with one of our licensed immigration consultants for a personalized assessment. We speak over 8 languages and have helped applicants from over 50 countries in their journey to Canada. Fill out our form to get started, click here.
Conclusion
The recent changes to the ICT guidelines represent a significant tightening of eligibility criteria, aligning with the government's broader objective to regulate temporary residency more strictly. Employers must adapt to these requirements to ensure their applications and renewals comply with the new standards. With the potential for increased refusal rates, thorough preparation and expert guidance are essential.
Now more than ever, staying informed about these evolving policies will be crucial for successfully navigating the complexities of the ICT work permit landscape.
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.
