Canada Simplifies Intra-Company Transfer Rules: Major Updates Explained

Canada has revised its rules for Intra-Company Transfers, simplifying the process for multinational corporations transferring employees to their Canadian branches. The new guidelines clarify eligibility, specialized knowledge requirements, and free trade agreement provisions.
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On October 3, Canada unveiled updated guidelines for Intra-Company Transferees (ICTs), aimed at making it easier for multinational companies to bring foreign workers to their Canadian branches.

The new rules, introduced by Immigration, Refugees, and Citizenship Canada (IRCC), streamline the process under section R205(a) of the International Mobility Program, simplifying the path for foreign employees seeking to work in Canada.

Key Updates to Intra-Company Transfer Rules

IRCC’s revised guidelines focus on several areas to clarify the Intra-Company Transfer (ICT) process and improve consistency in assessments. Here’s a breakdown of the major updates:

1. Transfer Criteria

Intra-Company Transferees (ICT) must now clearly be moving from a foreign branch of a recognized multinational corporation (MNC). The updated guidelines offer officers detailed criteria to assess whether a company qualifies as an MNC, ensuring only legitimate businesses utilize the program.

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2. Specialized Knowledge

The new updates provide clear definitions for “specialized knowledge,” outlining how officers should assess both the applicant’s expertise and whether the position requires such skills. This helps ensure that only individuals with truly specialized knowledge are approved for ICT work permits.

3. Eligibility Criteria

The updated guidelines consolidate and simplify the eligibility requirements for foreign nationals applying for Intra-Company Transfers. This more streamlined process clarifies who qualifies for the program, making it easier for applicants and employers to meet the necessary conditions.

4. Streamlined Documentation

To reduce confusion and improve efficiency, all instructions for processing ICT applications under section R205(a) have been consolidated into a single page. This change provides officers with an easily accessible, standardized reference for handling ICT cases, improving consistency across applications.

Additionally, the IRCC emphasized that the ICT program should not be used to transfer an enterprise’s general workforce to Canada.

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Must Read: Canada Work Permits: Occupations and Agreements That Allow LMIA Exemptions

Free Trade Agreements Also Affected

The changes also extend to several Free Trade Agreements (FTAs) under the International Mobility Program, specifically under paragraphs R186(s) and R204(a). The affected agreements include:

  • Canada–United States–Mexico Agreement (CUSMA)
  • Canada–Korea Free Trade Agreement
  • Canada–Peru Free Trade Agreement
  • Canada–Colombia Free Trade Agreement
  • Canada–Chile Free Trade Agreement
  • Comprehensive Economic and Trade Agreement (CETA) with the EU
  • Canada–UK Trade Continuity Agreement
  • Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Improvements in Officer Guidance

To further simplify the process, IRCC has standardized instructions for each trade agreement and provided a separate page for every work permit provision.

Officers are now required to document all evidence in the Global Case Management System (GCMS) to ensure consistency in decision-making.

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What is the International Mobility Program?

The International Mobility Program (IMP) allows employers to hire foreign workers without the need for a Labour Market Impact Assessment (LMIA), which is typically required to prove that hiring a foreign worker won’t negatively impact the Canadian labor market.

Intra-Company Transfers fall under the IMP, making it easier for multinational corporations to transfer key employees to their Canadian branches without the additional LMIA requirements.

Conclusion

In summary, Canada’s updated guidelines for Intra-Company Transfers provide clearer criteria and streamlined documentation, making the process more efficient for multinational companies. These changes aim to ensure compliance while simplifying the transfer of skilled foreign workers to Canada.


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Manish Khandelwal
Manish Khandelwal

Manish Khandelwal, a travel-tech enthusiast with over a decade of experience in the travel industry. Founder and Editor-in-Chief of Travelobiz.com, he's passionate about writing.

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