IRCC releases program updates regarding Intra-Company Transferees

IRCC releases program updates regarding Intra-Company Transferees

Immigration, Citizenship and Refugees Canada (IRCC) has updated its guidance to staff relating to Intra-Company transfers (ICTs). These changes were released on October 3 and will affect how multinational companies can assign employees to Canadian branches. The changes will also create it more difficult for employers to obtain their employee’s work permits under the International Mobility Program. This contains stricter requirements for the employer to be a multinational company, and for the employee to have specialized knowledge required for their role.

What is the International Mobility Program?

Under the International Mobility Program, employers can use Intra-Company Transfers to get work permits for foreign citizens, without requiring a Labour Market Impact Assessment (LMIA).

LMIAs are administered to confirm that the hiring of a foreign worker has a neutral or favorable impact on the Canadian labor market. Employers must spend more time and struggle to get LMIA-based work permits. This program is designed to let international companies transfer their key employees to Canadian branches or subsidiaries. The ICT program is particularly vital for companies that work on a global scale and require the movement of personnel to operate or expand their Canadian operations.

Stricter Requirements for Intra-Company Transferees

The updated guidance requires IRCC officers to ensure that the foreign company applying for an ICT qualifies as an existing multinational corporation (MNC). Officers must confirm that the company has “revenue-generating operations in at least two countries, before establishing an enterprise in Canada under the ICT program. This is to stop companies without a real international presence from misusing the schedule.

Other updates to this section include:

Clarification on the definition of “specialized knowledge,” and how to assess whether an applicant has specialized knowledge and whether a position needs specialized knowledge; IRCC now gives clear guidance on how to consider if someone has this knowledge and if the job needs that expertise. This change is to make sure only truly skilled and essential workers are transferred.

Eligibility criteria for foreign nationals for the ICT; and Consolidating the education for ICTs into a single page. The guidance also supported that ICTs should not be used “as a means to transfer an industry general workforce to affiliated entities in Canada. The update also highlighted the importance of officers including all proof for ICT applications within the Global Case Management System (GCMS).

Impact On Free Trade Agreements Related to the International Mobility Program

Canada has updated rules for different free trade agreements (FTAs) with countries like the United States, Mexico, Korea, Peru, Colombia, Chile, the European Union, the United Kingdom, and members of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

IRCC has also revised staff documentation related to the following free trade agreements, all connected to the International Mobility Program:

  • 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.

IRCC has updated instructions related to these free trade agreements (FTAs) by regularizing the format in the following ways:

  • Integrating all guidance on setting ICTs into the ICT instructions for each FTA;
  • Formatting instructions and creating individual pages for each temporary work provision;
  • Adding an overview page.
  • On the same day, IRCC also updated guidelines for joining information in GCMS for representatives.
Changes part of IRCC’s ongoing reforms

Immigration Minister Marc Miller intends to reduce the proportion of temporary residents in Canada’s population from 6.5% to 5% over the next three years.

On 18 Sept, Miller announced actions intended to decrease the number of study permits significantly, post-graduation work permits (PGWPs), and spousal open work permits over the next three years.

Canada’s Temporary Foreign Worker Program (TFWP), which allows LMIA-based work permits, has also come under scrutiny. As of the 26 Sept, the government has stopped processing of the low-wage stream of the TWFP for all census metropolitan areas in which the unemployment rate exceeds 6%.

Take Professional Help from Licensed Immigration Consultants

Navigating these new regulations can be difficult for employers and employees. If you’re considering applying for an ICT visa or need assistance understanding how these modifications might impact your business, At Idea Immigration, Our Regulated Canadian Immigration Consultant (RCIC), can provide tailored advice and help. Contact us today to ensure your application meets the new IRCC requirements and maximize your probability of success.

Frequently Asked Questions (FAQs)

What Is the Purpose of Intra-Company Transfers?

The purpose of intra-company transfers is to allow businesses to transfer key employees from their foreign branches to Canada, facilitating global operations and knowledge transfer.

How Does IRCC Ensure Compliance?

The IRCC ensures compliance by setting clear eligibility criteria and requiring detailed documentation from employers and employees.

How Long Does It Take to Process an Application?

Processing times can vary, but recent updates aim to reduce the wait time for ICT applications to under three months.