The best is yet to come
OK
Log out of UNA?
Log out
Cancel
Revolutionizing Immigration with AI
My Appointments
Welcome to UNA
Canada Tightens Intra-Company Transferee Work Permit Guidelines

On October 3, 2024, Immigration, Refugees and Citizenship Canada (IRCC) released updated guidelines concerning the Intra-Company Transferee (ICT) work permit category. These revisions introduce a more restrictive interpretation of the ICT category, significantly impacting foreign companies seeking to establish or expand operations in Canada.

Regulatory Background

The ICT work permit is authorized under Subsections 204(a) and 205(a) of the Immigration and Refugee Protection Regulations:

  • Section 204(a) applies to ICT applicants under international free trade agreements to which Canada is a party.
  • Section 205(a) pertains to the general ICT category available to all foreign nationals, regardless of citizenship.

The recent updates primarily focus on the general ICT category under Section 205(a), though some changes also affect ICT work permits under Section 204(a).

Key Updates

1. Clarification of ICT Category Purpose [Section 205(a)]

The updated guidelines emphasize that the ICT category is not intended to facilitate the transfer of an enterprise’s general workforce to Canadian affiliates. Only executives, managers, and specialized knowledge workers qualify. Applicants must provide documentation demonstrating the temporary nature of their stay and confirm their intent to leave Canada upon completing their assignment.

2. New Definition of “Multinational Corporation” [Section 205(a)]

The ICT category now limits eligibility to employees of a multinational corporation (MNC) that has revenue-generating operations in at least two countries. Companies operating solely in their country of incorporation cannot use the ICT category to establish a first foreign enterprise in Canada.

3. Requirement to Demonstrate Significant Benefit to Canada [Section 205(a)]

Applicants must include documentation showing how their work will create or maintain significant cultural, social, or economic benefits for Canada. Previously, meeting the ICT eligibility criteria presumed such benefit.

4. Revisions to Specialized Knowledge Criteria [Section 205(a)]

  • Occupation: The Canadian position must be similar to the foreign position in terms of Training, Education, Experience, and Responsibilities (TEER) as defined by the National Occupational Classification (NOC). Exceptions for unique situations have been removed.
  • Experience: Applicants with less than two years of experience with the foreign enterprise may find it challenging to qualify as specialized knowledge workers.
  • Wage Considerations: Officers may consider the applicant’s compensation abroad, expecting that specialized knowledge workers receive above-average compensation in their home country.

5. Requirement to Maintain Foreign Position Availability [Section 205(a)]

Applicants must demonstrate that their position with the foreign enterprise remains available throughout their stay in Canada, enabling them to return upon completing their Canadian assignment. This requirement may be burdensome, given the potential five- to seven-year duration of ICT assignments.

6. Restrictions on Changing ICT Categories [Sections 204(a) and 205(a)]

While foreign nationals can apply for a new work permit in a different ICT category, they must:

  • Demonstrate that their current foreign position is equivalent to the new Canadian position.
  • Have at least one year of experience in a similar full-time position with the foreign enterprise within the three years immediately preceding the new application.

This restricts flexibility in transitioning between specialized knowledge and executive/managerial roles.

7. Location of Employment Requirements [Section 205(a)]

  • Applicants must provide a reasonable explanation for why their work cannot be completed remotely; time zone differences are insufficient.
  • Those establishing new enterprises must prove the necessity of relocating to Canada to manage operations that will function independently of the foreign company.
  • Specialized knowledge workers must be directly employed and supervised by the Canadian enterprise, not placed at third-party locations.

8. Physical Commercial Premises Requirement [Section 205(a)]

ICT workers must work at the Canadian business’s physical commercial premises. Businesses without such premises—such as home offices, shared spaces, or virtual offices using mailing addresses—are ineligible to transfer ICTs to Canada.

9. Prevailing Wage Requirements [Sections 205(a) and 204(a)]

  • Section 205(a): Continues to enforce a mandatory wage floor for specialized knowledge workers. Wages must meet or exceed the prevailing wage for the occupation and region in Canada.
  • Section 204(a): No mandatory wage floor, but officers may consider wage levels as a factor in assessing specialized knowledge.

10. Duration of Stay Limits [Sections 204(a) and 205(a)]

  • The initial maximum period of admission for an ICT is three years, with the possibility of two-year extensions.
  • Executives and managers have a total stay limit of seven years; specialized knowledge workers have a limit of five years.

The updated guidelines impose significant restrictions on the ICT work permit category, particularly under Section 205(a). These changes present considerable challenges for foreign companies relying on the ICT program to transfer key personnel to new or existing Canadian operations. Businesses should thoroughly review these changes and may need to seek professional immigration legal advice to adjust their global talent strategies accordingly.

Tags
Immigration News
ICT
深度解析加拿大公民申请延误陷阱:如何高效规避三大风险
In-Depth Analysis of Canadian Citizenship Application Delay Pitfalls: How to Efficiently Avoid Three Major Risks
For many permanent residents in Canada, obtaining citizenship is the final chapter in achieving the "Canadian Dream." However, potential "minefields" in the application process cannot be ignored. Immigration, Refugees and Citizenship Canada (IRCC) clearly states that incomplete application materials, missed crucial appointments, and issues related to inadmissibility are the three main reasons applications shift from "routine" to "complex," encountering lengthy delays. This report will deeply analyze these common obstacles and provide professional advice on mitigating risks and accelerating the processing timeline.
04/22/2025
加拿大永久居民境外遗失枫叶卡?返加必备文件申请全攻略
Losing Your Canadian PR Card Abroad? Your Essential Document Application Guide for Returning to Canada
As a Canadian permanent resident, your PR card is the official document confirming your status, and it's crucial if you plan to return to Canada by commercial transportation after traveling abroad. If your PR card is lost or stolen while outside Canada, you will face difficulties re-entering unless you have a Permanent Resident Travel Document (PRTD). This article provides a professional breakdown of how to apply for a PRTD through Immigration, Refugees and Citizenship Canada (IRCC), detailing the application process, conditions for urgent processing, and specific rules for entering via land borders, aiming to offer clear, expert guidance for permanent residents in this situation.
04/22/2025
BC省提名发布最新企业家移民抽选结果:仅5人获邀,分数线维持高位
British Columbia Issues New Entrepreneur Immigration Invitations via PNP Base Stream
On April 15, 2025, British Columbia's Provincial Nominee Program (BC PNP) conducted its third Entrepreneur Immigration – Base Stream draw of the year. Invitations to Apply (ITAs) for provincial nomination were issued to 5 candidates, with the minimum required score set at 115. This draw strictly adheres to the province's 2025 policy standards, requiring applicants to possess significant net worth, make substantial direct investments, and commit to creating local jobs. The concurrent Regional Entrepreneur stream, guided by policy incentives favouring specific communities, signals BC's strategic shift towards aligning immigration with regional economic goals.
04/21/2025
曼尼托巴省推特别工签政策(MPNP):保障省提名候选人合法工作身份
Manitoba Launches Special Work Permit Policy (MPNP) to Safeguard Legal Work Status of Provincial Nominee Candidates (MPNP)
The Government of Manitoba, Canada, has announced the launch of a special work permit initiative starting April 22, 2025. This initiative will allow certain candidates under the Manitoba Provincial Nominee Program (MPNP) to continue working legally while awaiting immigration results. The policy is intended to bridge the “status gap” in current immigration procedures and prevent valuable international workers from being forced to leave due to expired permits. The application window remains open until December 31, 2025.
04/18/2025
加拿大快速通道STEM类移民职业大幅调整:新增6类职业,19类被移除
Major Adjustment to Canada’s Express Entry STEM Occupations: 6 New Jobs Added, 19 Removed
In February 2025, Immigration, Refugees and Citizenship Canada (IRCC) implemented a significant update to the STEM (Science, Technology, Engineering, and Mathematics) occupation list under Express Entry (EE). The new list has been reduced from 30 to 11 occupations. Traditional engineering roles (such as civil and mechanical engineers) and cybersecurity specialists have been retained, while 19 information technology (IT) related roles, including software development and data science, were removed. This shift aims to better align immigration with Canada’s real-world industrial skills gap and provide applicants with clearer pathways.
04/17/2025
加拿大移民评分机制调整:快速通道(Express Entry)候选人结构重组,CRS高分优势不再
Structural Overhaul of Express Entry Candidate Pool Diminishes CRS Score Advantages, Reshaping Competitive Landscape
Following Canada’s elimination of the "Arranged Employment" policy in the Express Entry CRS scoring system on March 25, 2025, the distribution of candidate scores has undergone seismic shifts. The 501-600 CRS bracket plummeted by 5,740 applicants, while mid-to-low score segments surged. Despite a net increase of 7,373 candidates in the total pool within three weeks of the policy change, the top 10% high-score brackets lost 8,342 profiles. This structural realignment may redefine future ITA trends, particularly impacting traditional skilled immigrants’ competitive edge.
04/16/2025
重磅调整!BC省提名计划(BC PNP)大幅收紧,2025年仅接受1,100份新申请
Major Policy Shift! BC Provincial Nominee Program (BC PNP) Significantly Tightens — Only 1,100 New Applications to Be Accepted in 2025
On April 14, 2025, British Columbia (BC), Canada, officially announced a structural overhaul of its Provincial Nominee Program (BC PNP). The province’s annual nomination quota will plummet to 4,000, with only 1,100 new application slots available for the entire year. These will be primarily allocated to frontline healthcare workers and high economic value professionals. Meanwhile, the International Post-Graduate (IPG) stream is facing systemic backlog, with all applications submitted between September 2024 and January 2025 moved to a waitlist. Three new international student immigration streams are also indefinitely suspended. This policy reform is a direct result of the federal government’s drastic move to halve the national PNP quota from 110,000 to 55,000, forcing provinces to adopt stricter elite selection mechanisms.
04/16/2025
加拿大移民新政调整:取消快速通道工作加分,但工作邀请仍是关键
Canada’s Immigration Reform: Arranged Employment No Longer Boosts CRS in Express Entry, but Job Offers Remain Crucial
On March 25, 2025, the Canadian federal government implemented a significant change to its Express Entry system, removing the additional Comprehensive Ranking System (CRS) points previously granted for arranged employment. Despite this change, the importance of job offers in Canada’s immigration framework remains undiminished. A valid Canadian job offer continues to play a pivotal role—not only as a mandatory entry requirement for numerous federal and provincial programs (such as the PNP, Atlantic Immigration Program, and various pilot programs) but also as a key step in gaining Canadian work experience, which greatly boosts one’s CRS score and enables eligibility for the Canadian Experience Class (CEC). For prospective immigrants, securing a job offer is still one of the most effective paths toward permanent residency in Canada.
04/15/2025
加拿大快速通道新政实施后,首轮邀请出炉:省提名计划候选人成焦点
Canada Holds First Express Entry Draw Post-Policy Change, Focusing on Provincial Nominee Program Candidates
On April 14, 2025, Immigration, Refugees and Citizenship Canada (IRCC) conducted its first Express Entry draw since adjustments were made to the Comprehensive Ranking System (CRS) scoring mechanism. This round exclusively targeted Provincial Nominee Program (PNP) candidates, issuing 825 Invitations to Apply (ITAs). The high cut-off score of 764 underscores the critical role of a PNP nomination in boosting competitiveness, especially after points for 'Arranged Employment' were eliminated. To date, IRCC has issued 31,508 ITAs through Express Entry in 2025, aiming to welcome 124,680 new permanent residents via this pathway by year-end.
04/15/2025
加拿大两省推行全新移民举措 助力省内经济转型
Newfoundland and Labrador Launches New EOI System with First Round of Invitations; New Brunswick Simultaneously Holds Multiple Draws to Attract Talent
Recently, the eastern Canadian province of Newfoundland and Labrador (NL) made history by issuing its first round of immigration invitations through its newly launched Expression of Interest (EOI) system, introduced in February 2025. Meanwhile, neighboring New Brunswick (NB) actively conducted several targeted draws across different provincial nominee program streams, focusing on candidates with experience in specific high-demand industries or those with local study/work history. These actions highlight both provinces’ more targeted immigration selection strategies aimed at meeting local labor market demands and adapting to federal immigration quota constraints.
04/14/2025
Sorry, your request failed
Please try again
OK