With the help of Canada’s Intra-Company Transferees (ICT) program, international businesses can transfer qualified workers to their Canadian counterparts without needing to complete a Labour Market Impact Assessment (LMIA). According to the most recent changes from Immigration, Refugees and Citizenship Canada (IRCC)
The program is being streamlined and clarified to make it easier to understand for businesses and employees. These changes were released on October 3.
Key Updates to the ICT Program
The IRCC has focused on refining the ICT program by implementing updates designed to facilitate the transfer process and strengthen Canada’s position in attracting global talent. These updates focused on key sections of R205(a)and updated staff documentation for paragraphs R186(s) and R204(a).
In line with the revisions to section R205(a), IRCC has also updated the staff guidelines for paragraphs R186(s) and R204(a), which govern specific provisions of free trade agreements under the International Mobility Program. These updates impact agreements such as
- Canada–United States–Mexico Agreement;
- Canada–Korea Free Trade Agreement;
- Canada–Peru Free Trade Agreement;
- Canada–Colombia Free Trade Agreement;
- Canada–Chile Free Trade Agreement;
- Canada–European Union: Comprehensive Economic and Trade Agreement;
- Canada–United Kingdom Trade Continuity Agreement; and
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
This ensures that businesses can effectively utilise the benefits of international talent mobility.
With the help of Canada's Intra-Company Transferee program, international businesses can transfer qualified workers to their Canadian counterparts without needing to complete a LMIA.
— The Canada Time (@thecanadatime) October 4, 2024
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Major Updates to Canadian Interests – Significant Benefit (Intra-Company Transferees) Under R205(A)
Recent changes to the R205(a) section include key clarifications for intra-company transferees (ICTs). These updates specify that ICTs must come from the foreign branch of an existing multinational corporation (MNC). Guidelines on how to assess if an enterprise qualifies as an MNC have been added. The definition and assessment criteria for “specialized knowledge” have also been refined, along with ICT eligibility criteria. Additionally, instructions for ICTs under R205(a) have been consolidated into one page, emphasizing that ICT should not be used to transfer a company’s general workforce to Canadian affiliates. Officers are also advised to record all ICT application evidence in the Global Case Management System (GCMS).
Updates to Free Trade Agreements in the International Mobility Program (R186(a) and R204(a))
IRCC has standardized its instructions related to free trade agreements (FTAs) within the International Mobility Program by consolidating all guidance on assessing intra-company transferees (ICTs) into the ICT instructions for each FTA. Instructions are now formatted as individual pages for each temporary work provision, along with an overview page for better clarity. Additionally, IRCC has updated guidelines for entering information in the Global Case Management System (GCMS) for representatives on the same day.
Benefits for Canadian Companies
By acting as a link to global talent, the ICT program is vital to the expansion of Canadian companies. It makes crucial personnel transfers quick and easy, which is helpful for expanding operations or keeping up the international coordination of commercial activities. Employers’ administrative load is further lessened by being exempt from the LMIA procedure, freeing them up to concentrate on expansion and innovation.
Canadian businesses, particularly in sectors like technology, financial services, and engineering, benefit from these transfers by ensuring that their operations are integrated seamlessly across international offices. By transferring managers and executives, companies can ensure that their leadership teams are cohesive and aligned with global business strategies.
IRCC’s Ongoing Reforms and Temporary Resident Programs
The recent updates regarding intra-company transferees (ICTs) are part of IRCC’s broader initiative to reduce the proportion of temporary residents in Canada from 6.5% to 5% over the next three years. Immigration Minister Marc Miller announced plans to cut the number of study permits, post-graduation work permits (PGWPs), and spousal open work permits. Additionally, the government has suspended processing of the low-wage stream of the Temporary Foreign Worker Program (TFWP) in areas with an unemployment rate of over 6%. The upcoming Levels Plan, due on November 1, will include targets for temporary residents.
The recent updates to Canada’s Intra-Company Transferee program represent a significant improvement in how the country manages the transfer of international talent. With clearer eligibility guidelines, enhanced pathways to permanent residency, and a focus on high-skill roles, the ICT program is poised to support the growth of Canadian businesses and strengthen the country’s competitive position on the global stage.
Canada’s ICT program continues to be an important asset in luring highly qualified professionals to the nation as multinational corporations aim to grow and streamline their operations internationally. The IRCC has proven its dedication to promoting an immigration system that facilitates economic growth and offers opportunities for global talent by implementing these program modifications.