Intra
Company
Transfer
Attracting Top Global Talent to Canada
The Intra-Company Transfer initiative within Canada’s International Mobility Program (IMP) allows foreign workers to come to Canada without the need for a Labour Market Impact Assessment (LMIA) – offering a secure and expedited process for temporary relocation. While the IMP is a great way to explore exciting new job opportunities in Canada, the Intra-Company Transfer stream is an ideal gateway into the Canadian workforce for multinational business owners and skilled workers looking to transfer executives and employees to work in their Canadian branch.
Work Permit in Canada
In Canada, entrepreneurs have the flexibility to select from various business structures, including sole proprietorships, partnerships, corporations, and cooperatives. Each structure has its own requirements for registration with the appropriate government agencies. Our knowledgeable team is committed to simplify the registration process and handle all necessary documentation efficiently.
With our guidance and support, you can navigate the complexities of registration with ease, ensuring that your application is accurate, complete, and stands the best chance of success. We understand the importance of properly registering your business to establish a solid foundation for growth and compliance. Count on us to provide the expertise needed to streamline the process, giving you peace of mind and confidence that your business is on the right track from the start. Let us guide you through the registration process, ensuring that your business is properly registered and poised for success.
When establishing a company in Canada, it is important to understand the complexities involved and the potential legal and regulatory obligations that may arise. Our team of knowledgeable legal and business advisors is here to provide expert guidance and support throughout the process, ensuring that you navigate through the intricacies with ease and compliance. We will assist you in understanding and fulfilling all the necessary requirements, from registering your business to obtaining the appropriate licenses and permits.
Moreover, our experienced team will work closely with you to develop a comprehensive and compelling business plan that maximizes your chances of approval. We understand the importance of presenting a well-crafted plan that showcases the viability and potential of your business. Our advisors will provide valuable insights and assist you in creating a plan that highlights your unique value proposition, market analysis, financial projections, and growth strategies. With our qualified assistance, you can confidently embark on your entrepreneurial journey, knowing that you have a solid foundation and meet the necessary criteria for a successful company setup in Canada.
In addition to establishing the appropriate business structure, understanding, and fulfilling the specific requirements of your industry and location are crucial for the smooth operation of your business in Canada. Depending on your industry, you may need to obtain various permits, licenses, or certifications to ensure legal compliance and the smooth running of your business operations. Our experienced team is well-versed in the regulatory landscape and can assist you in identifying the necessary permits and licenses for your specific industry and guide you through the application process.
As a responsible business owner, it is essential to comply with both federal and provincial tax laws and regulations. Tax compliance involves understanding your tax obligations, maintaining accurate financial records, and fulfilling your tax filing and payment requirements. Our knowledgeable team can provide expert guidance to ensure that you meet all necessary tax obligations, identify eligible deductions, and optimize your tax strategy, allowing you to maximize your financial resources and focus on the growth and success of your business.
Once your company is established in Canada, our team will provide you with comprehensive step-by-step guidance throughout the process of applying for eligible employee transfers through the Intra Company Transfer (ICT) stream. We understand that this is a highly specialized form of applying and acquiring a Work Permit, and having expert insight is crucial to the success of your application. Our experienced professionals will conduct a thorough assessment of your eligibility, ensuring that all the necessary requirements are met before proceeding with the application.
We will guide you in gathering and preparing all the required supporting documentation to enhance the credibility and strength of your application. Additionally, we will ensure that your Work Permit application is submitted in a timely manner to avoid any delays or complications. With our expertise and attention to detail, you can have peace of mind knowing that your employee transfer process will be handled efficiently and effectively, increasing your chances of a successful outcome.
Given the highly specialized nature of Intra-Company Transfers, our team believes in simplifying the application and submission process by actively providing structured step-by-step guidance that will ensure a diligent and seamless experience.
Assist in streamlining the registration process to ensure proper documentation tailored to the nature of the business structure chosen and optimize application approval.
Conduct a thorough analysis of the US and Canadian markets to develop marketing strategies and financial estimates and projections.
Professional guidance to ensure a thorough preparation of proposals, business plans, and critical documentations decisive to the application’s outcome.
Navigate application submissions to ensure that all submissions are completed accurately and efficiently, minimizing the risk of errors or delays.
Expert training to present, defend, and reinforce the business and support the team in multiple defense meetings and joint commissions.
Legal advice throughout the process via our partnership with Canadian Future – notably in concluding contracts and memoranda of understanding with relevant organizations.
Guidance and advice on traveling, setting up, and starting a business in Canada, as well as building a supportive framework to establish your future.
We offer clients access to connect with our influential network of over 25 accelerators, investment funds, and angel investors, as well as expert legal guidance from our partners, Canadian Future.
Our mission is not only to provide expert step-by-step guidance to a successful Intra-Company Transfer but to also ensure a streamlined approach to your journey to Canada.
The ICT Immigration program in Canada allows companies to transfer eligible employees from their foreign branch to a related Canadian entity.
Key personnel, including managers, executives, and specialized knowledge workers, who have been employed by a foreign company for at least one year can be eligible for the program.
Some requirements include a qualifying relationship between the foreign and Canadian companies, proof of employment, and demonstrating that the transferee’s position is essential to the Canadian entity.
The duration of the ICT Work Permit depends on the nature of the position and the specific circumstances, but it is typically granted for up to three years initially.
Yes, immediate family members, such as spouses and dependent children, can accompany the ICT Work Permit holder to Canada
Generally, the ICT program is open to companies of various sizes, including multinational corporations, provided they meet the program requirements.
Yes, a newly established Canadian entity may be eligible for the ICT program if it meets the necessary criteria and has a qualifying relationship with the foreign company.
Yes, ICT Work Permit holders can apply for an extension of their Work Permit if they continue to meet the program requirements.
There is no specific limit on the number of ICT Work Permits that can be issued, but each application is assessed on its individual merits.
In certain cases, ICT Work Permit holders may be able to bring their domestic employees to Canada if they can demonstrate the need for their services.
Yes, ICT Work Permit holders may be eligible to study in Canada while they are working, but they must comply with the study permit requirements.
There is no legal requirement for both companies to engage in the same type of business. However, it is advisable for the Canadian company to operate in a similar business or industry to avoid questions about the genuineness of the business or the applicant’s suitability for a vastly different business in Canada.
Fulfilling the targets specified in the business plan is not obligatory or legally binding. Although it is advisable to work towards those goals, the inability to meet them will not have negative consequences. The purpose of the business plan is to showcase thorough feasibility research and a solid comprehension of the market, particularly for individuals who are new to or applying for the ICT program for the first time.
No, your Work Permit restricts you to work exclusively for your company in Canada, meaning you cannot be employed by any other employer within Canada. However, depending on the nature of your business, your Canadian company can sell its goods and services to clients within Canada and internationally.
There is no legal obligation for your company to be profitable in the first year. Building a profitable company takes time and consistent dedication, regardless of the location. However, it is important for your company to be genuine and actively involved in business operations. This entails offering services or goods to customers in Canada or other countries. Additionally, your company should have a physical presence, such as an office or warehouse, and employ at least one Canadian employee who is either a Permanent Resident or a Canadian citizen.
There is no specific minimum stay duration for managerial and senior executive staff under the ICT program in Canada. These individuals are permitted to maintain their primary residence in their home countries while managing their business in Canada and traveling in and out of the country. However, other essential personnel are required to relocate to Canada for the duration of their employment.
Managerial and senior executive staff have the option to remain on the payroll of the home company and receive their wages from there. However, if they prefer to receive their salary in Canada, it is advisable for the salary to align with the Canadian median wage standards corresponding to their position. While it is not a mandatory requirement under this program, we generally recommend international companies to provide comparable wages to intra-company transferees.
Typically, business owners are not obligated to provide evidence of their language proficiency. However, if they intend to transfer key personnel to Canada through this program, those employees may be asked to provide English or French language test results to demonstrate their suitability for the position in Canada.
Typically, the processing time for ICT work permits is around 1-2 months on average. However, due to the impact of COVID-19, it may now take approximately 3-4 months to receive a decision on an ICT work permit application. The processing time can vary depending on the visa office handling applications for your country. It is advisable to consult the specific Visa Office of the Immigration, Refugees and Citizenship Canada (IRCC) in your country for accurate information.
Is there a chance of it being refused? Under Canadian Law, it is prohibited to guarantee a positive outcome for any Visa or Immigration application. However, we can assure you that we will make every effort to achieve your desired outcome and advocate for your interests with unwavering dedication. It is important to note that a small percentage (5%-10%) of ICT applications may be refused for various reasons. The most common grounds for refusal include doubts regarding the viability of your business in Canada and concerns about the financial capacity of the foreign company to sustain operations in Canada.
Based on official statistics provided by Immigration authorities, the approval rates for ICT Work Permits are as follows:
Yes, under the ICT program, business owners and key employees have the opportunity to bring their families to Canada while they are employed there. Spouses of the permit holders are eligible to obtain an Open Work Permit, allowing them to work in Canada. Additionally, children can enroll in high-quality public schools in Canada without any tuition fees. The applicant and their family members also have access to the same premium-free healthcare services available to Canadian residents and citizens.
No, there is no requirement to apply for Permanent Residency after completing 1 year of work in Canada as an ICT Work Permit holder. If you intend to prolong your employment in Canada, you have the option to renew your ICT Work Permit and remain in the country as a temporary foreign worker. However, if you aspire to attain Permanent Resident status in Canada, you have the opportunity to apply as early as 12 months after working in Canada, provided you fulfill all the other eligibility criteria of the appropriate Permanent Residency program.
There is a possibility for your Permanent Residency application to be rejected for various reasons, such as criminal records, medical inadmissibility, failure to meet language requirements, and more. However, if you adhere to the requirements of the ICT program and carefully plan your relocation to Canada, it is unlikely to encounter any issues with the approval of your Permanent Residency application by the IRCC, should you decide to apply for it.
A qualifying relationship refers to the required connection between the Canadian company and the foreign enterprise where the foreign national is employed. This relationship can take the form of a subsidiary, branch, affiliate, or when one company acts as the sole parent company of another. It is crucial to highlight that both companies must engage in business activities with each other and remain active during the period when the foreign national is in Canada.
There are various approaches that ICT Work Permit holders can employ to convert their temporary status to Permanent Residency in Canada. One common strategy is to apply for Permanent Residence through the Express Entry program, where Work Permit holders can earn an additional 50 or 200 points based on the type and duration of their work in Canada after 12 months of employment with the same employer. Additionally, there may be other strategies available for transitioning to Permanent Residency, depending on factors such as your background, job responsibilities, and location of employment within Canada.
The Canada ICT Visa is tied to the employer mentioned on the Work Permit and the specified location provided during the application to Canadian immigration authorities. As such, foreign workers must work for the designated employer at the proposed location stated in their application. This allows companies to choose the desired base of operations within Canada and clearly communicate the intended work location during the application process. If there are multiple locations or provinces where the foreign worker is expected to work, this information should be clearly indicated to the IRCC during the Work Permit application stage to ensure that the permit is issued accordingly for the intended locations.
No, an ICT permit does not grant Open Work Permit status. Intra-company transferees in Canada are required to work exclusively for the employer specified in their Work Permit. They cannot engage in employment with other Canadian employers without obtaining a positive Labour Market Impact Assessment (LMIA) decision specifically allowing them to work for a different employer in Canada.
Address2820-500 Place d’Armes, Montreal, CANADA.
ContactTel: +1-514-667-2006
Fax: +1-514-551-0404
Work HoursMon-Fri, 9:00-17:00
Your Global Gates is a business consultancy firm specializing in Canada’s Start-up Visa Program, and offers a wide variety of tailored solutions for foreign entrepreneurs interested in the unique opportunity to immigrate to Canada.
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