Immigration, Refugees and Citizenship Canada (IRCC) has introduced stricter standards for Intracompany Transfer (ICT) work permits under the International Mobility Program. These changes are designed to ensure that only genuine transfers of executives, senior managers, and specialized knowledge workers qualify. For employers, the new requirements mean more documentation and closer review — and less room for error.
What Is an Intracompany Transfer?
The ICT program allows multinational companies to temporarily transfer certain employees from a foreign branch or affiliate to a related Canadian entity. ICTs are often used to bring in:
- Executives and senior managers, or
- Employees with specialized knowledge of the company’s products, services, or processes.
Unlike many work permits, ICTs do not require a Labour Market Impact Assessment (LMIA), which normally proves there is no available Canadian worker for the job.
Key Changes Employers Should Note
1. Multinational Corporation Requirement
Only businesses that already operate as multinational corporations — with established operations in more than one country — can use the ICT pathway. The category cannot be used to set up a brand-new Canadian affiliate.
2. Heightened Scrutiny of Specialized Knowledge
Employers must now provide detailed evidence that the employee’s expertise is unique and not easily found in Canada. IRCC expects proof of advanced proprietary knowledge and often requires that the employee has been with the company for at least two years.
3. Temporary Assignment Requirement
The Canadian government wants to see that the ICT is truly temporary. The foreign employee’s role abroad must remain available to them after the Canadian assignment ends.
4. Employer–Employee Relationship
The Canadian company must direct and supervise the transferred worker’s daily activities. “Parachuting” employees into Canada without meaningful oversight by the Canadian entity will no longer be accepted.
5. Location of Work
Remote work is not enough. Employees must hold a defined role and actively contribute to the Canadian operation. Specialized knowledge workers must be directly employed and supervised by the Canadian entity, even if some activities occur at third-party sites.
Why This Matters
For many employers, ICTs have been a flexible way to move global talent into Canada quickly. With these updates, companies must now:
- Prepare stronger applications with detailed supporting documentation,
- Show clear business need and direct supervision in Canada, and
- Anticipate more questions from immigration officers during processing.
NPZ Guidance
At NPZ Law Group, we work with multinational companies and employees navigating the ICT process. With stricter scrutiny, it is more important than ever to:
- Align job descriptions with the correct ICT category,
- Collect strong evidence of specialized knowledge or executive/managerial authority, and
- Plan assignments so they clearly meet the temporary and supervised requirements.
If you are considering an intracompany transfer to Canada, or if your company needs help with compliance under the new ICT rules, contact NPZ for tailored guidance.
Frequently Asked Questions (FAQ)
1. Who qualifies for an ICT work permit in Canada?
Executives, senior managers, and employees with specialized knowledge transferring from a related foreign office to a Canadian entity.
2. Do I need a Labour Market Impact Assessment (LMIA) for an ICT?
No. ICT permits are LMIA-exempt, but applications now require stronger documentation to prove eligibility.
3. Can a new Canadian subsidiary use the ICT program?
No. The ICT is for established multinational corporations. A separate category exists for new Canadian entities.
4. How does Canada define “specialized knowledge”?
Knowledge must be unique, proprietary, and not commonly available in Canada. Employers must prove the employee’s expertise is advanced and uncommon.
5. Can the transferred employee work remotely in Canada?
Not entirely. The Canadian company must provide direct supervision and a clear role. Remote-only arrangements generally do not satisfy ICT requirements.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.