Intra-Company Transferee (ICT) Program
The ICT Program is a part of Titan Law’s Business Immigration initiative. It is a highly sought-after immigration stream by international entrepreneurs and companies looking to expand their business to Canada.
It is a pathway to establishing a Canadian company and obtaining a permanent residency in the process for you and your family.
The ICT Program is a part of the International Mobility Program, which allows Canadian employers to temporarily hire skilled foreign workers to improve management effectiveness, expand Canadian exports and enhance Canada’s competitiveness in the global market. Foreign business owners are able to move or expand their business to Canada if it aligns with these goals.
Through this pathway, transferees acquire an ICT work permit which can be extended for 5-7 years, and eventually permanent residence (PR) in Canada. There are three levels of highly skilled employees within the company who qualify for the work permit: executives, senior managerial or specialized knowledge positions.
Qualified transferees require work permits, however as they provide a significant benefit to Canada’s market, they are exempt from the Labour Market Impact Assessment (LMIA). The LMIA exemption applies to foreign nationals from any country, including those under the General Agreement on Trade in Services (GATS), the North American Free Trade Agreement (NAFTA) and similar FTAs.
- Must be currently employed by a multi-national company and undertaking employment in a legitimate parent, subsidiary, branch or affiliate of the company in Canada
- Have been employed full-time by the transferring company for at least one year continuously, in the three-year period immediately preceding the date of the application
- Must be employed as either owner, executive, manager or specialized knowledge employee of the company
- If transferring executives or managers – prove they have been employed by the company for at least one of the last three years and demonstrate the company is large enough to support these levels of employees
- If transferring specialized knowledge workers – prove they have been employed by the company for at least one year, have the appropriate training and expertise, and demonstrate that the company is expected to be conducting business and directed by management in Canada
- Transferring to Canada on a temporary basis
- Comply with all temporary entry requirements to immigrate
Moving or expanding your business internationally can be an intimidating undertaking without the assistance of an experienced immigration lawyer. There are several requirements that must be met in order to qualify under this pathway. The following is a general guide of the steps to transfer your business to Canada.
- Check company eligibility – not all companies are eligible to move/expand their company to Canada. There are requirements regulating eligibility as follows:
- Must be a viable, real business in the home country with plans to expand. Proof of incorporation and registration in home country with a tax record is necessary
- Must be active and currently selling or providing services
- Must be at least one year old (ideally 3 or more years is advised)
- Must have employees
- No set benchmark, but it is advised to have a minimum investment available of $150,000 – $200,000 CAD to develop the business in Canada
- Showcase significant benefit to the Canadian economy
- Check applicant’s eligibility – Not everyone from the company will be able to move with the business to Canada. Only certain individuals involved with the company will be able to relocate if they meet the following requirements:
- You must be either an owner, executive, manager/supervisor or specialized knowledge employee of the company
- If transferring executives or managers – prove they have been employed by the company for at least one of the last three years and demonstrate the company is large enough to support these levels of employees
- If transferring specialized knowledge workers – prove they have been employed by the company for at least one year, have the appropriate training and industry expertise, and demonstrate that the company is expected to be conducting business and directed by management in Canada
- Launch your business in Canada
- Consider whether you want to register a branch of your existing company, or incorporate a new related company (i.e. parent, subsidiary, etc.)
- Research Canada’s landscape and determine whether you want to incorporate provincially or federally and the implications of both
- Choose a province/territory you would like to conduct business in. Most provinces require at least one Canadian director on the board of directors
- Decide on a corporate structure for your organization
- Apply for a work permit – you cannot apply for an ICT work permit until your company is registered and set up in Canada
- Generally, it takes 1-4 months to obtain the ICT work permits, but can take longer for those not from visa-exempt countries
- Open work permits are available for spouse/partner and children can receive a study permit to the age of 22
- Begin working in Canada
- You will be issued a work visa to travel to Canada once your work permit is approved and your work permit documents will be issued when you arrive to Canada.
- Work permits are generally provided for one year and can be extended for 5-7 years depending on the role in the company
- In order to extend your visa, you must provide evidence that the Canadian and foreign companies continue to have a qualifying relationship; the new Canadian company has continued the provision of goods or services for the previous year; and the new Canadian office has been staffed.
- Apply for PR
- You may apply through the Express Entry program for a PR after one year of full-time employment with the Canadian company. Having a business in Canada provides the applicant with more points in the Express Entry system.
- The company must be active providing a service or selling goods to customers
The Intra Company Transfer program is an excellent pathway for foreign entrepreneurs and business owners looking to immigrate to Canada. You can apply as an individual of a company willing to expand their business to Canada, or move an entire business.
The processing time to obtain a work permit is fairly quick and you have the option of bringing your family along with you. It is an affordable and efficient option for highly skilled workers looking to branch out and create an international brand.
How Titan Law Can Help
Titan Law has an extensive business immigration department. Our lawyers are highly experienced and have helped numerous clients start a new business and life in Canada.
- We offer a personalized business assessment and detailed implementation plan based on an in-depth consultation with one of our business immigration lawyers and industry experts. Our lawyers are experts in immigration, corporate/commercial law, franchise law, and real estate law. If you are unsure if the business immigration program is for you, this assessment will give you more clarity on the likelihood of success of your business and immigration to Canada.
- We collaborate with expert business professionals, who will assist you in creating a business plan and obtain a letter of support from a designated organization.
- We will commence immigration applications and see them through until the end.
- We will incorporate your business and assist in setting up the corporate records.
- We are available at all times for additional questions and concerns throughout the entire process.