Canada Eases Intra-Company Transfer Process: Key Changes Unveiled

Canada’s Intra-Company Transfer regulations have been updated, making it easier for foreign companies to move staff to their Canadian offices. The updated standards make clearer the requirements for specialist expertise, eligibility, and free trade agreement clauses.

Canada released revised guidelines for Intra-Company Transferees (ICTs) on October 3, to facilitate the transfer of overseas employees to Canadian offices of international corporations.

The International Mobility Program’s section R205(a) procedure has been streamlined by Immigration, Refugees and Citizenship Canada (IRCC) to make it easier for foreign workers who wish to work in Canada.

Key Updates to Intra-Company Transfer Rules

The updated IRCC rules concentrate on several points to enhance uniformity in evaluations and make the Intra-Company Transfer (ICT) procedure clearer. Below is a summary of the most important updates:

1. Transfer Standards

It is now evident that Intra-Company Transferees (ICTs) are departing from a recognized multinational corporation’s (MNC) overseas office. The revised guidelines ensure that only legitimate businesses use the program by providing officers with specific criteria to determine whether a company qualifies as an MNC.

2. Expertise

The updated guidelines define “specialized knowledge” precisely and specify how officers should determine if an applicant possesses the necessary skills and whether the role calls for them. This makes it possible to guarantee that the only people granted ICT work permits are those who possess highly specialized skills.

3. Eligibility Criteria

The eligibility conditions for foreign nationals applying for intra-company transfers have been consolidated and made simpler in the new rules. It is now clearer who is eligible for the program thanks to this more efficient procedure, which also makes it simpler for businesses and candidates to fulfill the requirements.

4. Simplified Recordkeeping

All instructions for processing ICT applications under section R205(a) have been combined into one page to clear up any confusion and increase efficiency. Officers now have a consistent, easily accessible reference for managing ICT matters, which enhances application uniformity.

The ICT program should not be used to relocate an organization’s whole workforce to Canada, the IRCC further stressed.

Free Trade Agreements Also Affected

Additionally, under paragraphs R186(s) and R204(a) of the International Mobility Program, several Free Trade Agreements (FTAs) are affected by the modifications. The impacted contracts consist of:

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

Enhancements to Officer Counseling

The IRCC has produced a separate website for each work permit requirement and standardized guidelines for each trade agreement to better streamline the procedure. To guarantee consistency in decision-making, officers must now record all evidence in the Global Case Management System (GCMS).

What is the International Mobility Program?

Employers can hire foreign workers under the International Mobility Program (IMP) instead of a Labour Market Impact Assessment (LMIA), which is normally necessary to demonstrate that hiring a foreign worker won’t have a detrimental effect on the Canadian labor market.

Because intra-company transfers are covered by the IMP, international firms can more easily move important personnel to their Canadian branches without having to comply with extra LMIA regulations.

Understanding Canada International Mobility Program (IMP)

The International Mobility Program, as opposed to the Temporary Foreign Worker Program (TFWP), is a crucial component of Canada’s immigration framework. While the IMP covers a wider variety of work permit categories to accomplish economic, cultural, and social benefits for Canada, the TFWP focuses on aviating labor shortages in certain occupations.

Objectives of the International Mobility Program

• Encouraging International Talent Acquisition: The IMP aims to draw exceptionally gifted people, professionals, and entrepreneurs from around the globe to bring their expertise and creativity to Canadian industries.
• Building International Relationships: The IMP promotes interaction between Canadian and international organizations using mobility agreements and programs, which aid in information sharing, research collaborations, and economic growth.
• Increasing Cultural Diversity: The IMP promotes multiculturalism, strengthens international ties, and adds to Canada’s cultural fabric by luring in international workers, students, and researchers.

Common Streams Under the International Mobility Program

A variety of work permit kinds are available through the IMP to meet the various needs of foreign workers, businesses, and international students.

1. Global Talent Stream (GTS)

To address the skills gap and promote innovation, GTS expedites work permits for highly sought-after professions in technology, engineering, and related industries.

2. International Experience Canada (IEC)

IEC provides opportunities for young adults from partner nations to gain job experience in Canada through co-ops, internships, and working holidays.

3. The Bridging Open Work Permit

This stream is intended for people who wish to work in Canada and who have an application for permanent residence pending.

4. Post-Graduation Work Permits (PGWP)

PGWP enables foreign students to obtain work experience in Canada after completing recognized educational programs in the country.

5. Significant Benefit Work Permits

These are given to people whose work or presence in Canada significantly benefits the nation’s social, cultural, or economic spheres.

6. Inter-Company Transfers (ICT)

ICT facilitates the transfer of key personnel, executives, and specialized knowledge workers from multinational firms to their Canadian operations.

7. International Free Trade Agreements

For the sake of good trade, Canada and its trading partners have numerous agreements that guarantee employment to their nationals.

Conclusion

In conclusion, Canada’s revised intra-company transfer procedures offer more precise standards and simplified paperwork, which improves the procedure’s effectiveness for global corporations. Ensuring compliance and streamlining the process of bringing skilled foreign workers to Canada are the goals of these modifications.