Immigration Beads

INTRA COMPANY TRANSFER(ICT)

Canada Intra Company Transfer Work Permit, sometimes called Canada ICT Visa, is suitable for key workers and owners of multinational corporations who will be transferred to work in the affiliated Canadian company, either start-up or established one.

 

Eligibility Requirements :-

 

  • Foreign nationals/ transferees– at the time of transfer to Canadian affiliate must have been working for a foreign entity continuously (i.e., no breaks in employment), full-time (i.e., 30 hours per week), in a similar position, for at least one year. Importantly, not all positions are eligible for ICT Canada visa. Only executives, senior managers, functional managers, and specialized knowledge workers (advanced knowledge in the job and proprietary knowledge about an international business’s service or product) who will be transferred in a similar capacity to Canada. Executives and Senior Managers’ job description, common duties, and responsibilities can be found in NOC 0013, NOC 0014, NOC 0015, and NOC 0016. Often, the co-owners and owners/shareholders are acting as executives and general business managers, as long as they are not just passive investors. For example, a work reference letter, pay stubs, dividend payments, shareholder certificates, and other documents can be used to prove the employment requirement for Canada Intra Company Transfer Visa.

 

  • Foreign corporations/ current employers – must be a legal entity doing business, i.e., regularly, systematically, and continuously providing goods or services to the public for around year and a half or longer. For example, the company’s activity can be proved by providing its articles of incorporation, business tax returns, profit and loss statements, license to do business, partnership agreements, business tax returns, registration with the tax authorities, etc.

 

  • Canadian corporation– must be a legal entity that is doing or will be doing business. This means that executives and senior managers can be transferred to a start-up company to establish operations. For example, the following supporting documents can be provided to show the start-up nature of the company – articles of federal or provincial incorporation, a statement from the Canadian bank proving that around $100,000 is available to cover start-up expenditures, lease agreement, etc.

 

  • Qualifying relationship between the foreign and Canadian entities– must be in a parent, subsidiary, branch, or affiliate relationship. For example, if a Canadian company is a subsidiary, the international company either owns 50% of it or, possibly, less than 50%, but in that case, controls the Canadian subsidiary. Canadian affiliate means that it is and foreign company are both owned by another company or individual or group of persons. Canadian branch is an operating division or office of the same international company housed in a different location.

 

Documents Required for Intra Company Transfer to Canada include:

  • Completed and signed application formsfor the LMIA-exempt work permit.
  • Online offer of employment submitted via the Employer Portal.
  • Business Planfor Intra Company Transfer to Canada.
  • Supporting documents – Business documents.
  • Proof of current employmentfor ICT transferee. For example, a work reference letter, pay stubs, dividend payments, shareholder certificates, etc.
  • Invitation Letterfrom a Canadian company.

 

ICT TO PR

After one year, intra company transfrees can use work experience gained on ICT Work Permit for immigration through Express Entry. With a valid job offer, additional 50 points will increase a foreign worker’s CRS [Comprehensive Ranking System] Score increasing the chances to get an ITA [Invitation to Apply for Permanent Residnce]. If the foreign worker also owns (at least 51%) a Canadian company, then he may apply for Owner Operator category to get additional 200 points for a valid job offer.

 

Work Permit Duration

The initial Intra Company Transfer Work Permit can be issued for a maximum of three years unless office start-up – one year. It can be renewed for two years. If a Canadian company further requires that employee, the extension is optional for up to a maximum of seven years cumulatively for executives and senior managers, or five years – for specialized knowledge workers.

 

After intra-company transferees have reached their maximum work permit duration, they must complete one year of full-time employment in the company outside Canada if they wish to re-apply for Inta Company Transfer To Canada.

 

Intra Company Transfer to Canada – Investment and Fees

Generally, a corporation must show around $100,000 – $150,000 available funds to invest in Canadian operations, to cover first-year salaries, i.e., to hire at least one Canadian, and basic company expenses, which may include renting an office, marketing, procurement, etc.Investment funds can be raised internally within the corporation or externally. Owners can show their personal savings too.