Canada PR Pathway | Changing Intra-Company Transfer to Permanent Residency In Canada
So you’re considering applying for an Intra-Company Transfer, or ICT, to obtain a work visa in Canada, or you’re already in Canada on this sort of closed work permit. You made the decision, or you are an immigration lawyer who exploited this LMIA-exempt work permit program to bring your client into the country. How can you become a Canadian public relations professional nowadays? The majority of individuals are stumped by this million-dollar question.
This is one of the most popular work permit programs in Canada that does not require an LMIA. It is constantly promoted by lawyers, consultants, and agents. When both of these things happen, it’s a fantastic program:
- Your company is ICT LMIA exempt.
- You know it’s not a direct PR program and you need to combine it with another to become a Canadian PR.
This article focuses on business owners and entrepreneurs, not key staff under large corporate ICT structures, though some PR options can apply to them.
Here are four realistic ways you or your client can convert to permanent residency in Canada under the Intra-company transfer program:
- Express Entry
- Provincial Nominee Programs
- Couples
- Resign and be nominated by another company
Canada Express Entry
Most of you know that Express Entry is the first option after you have had your ICT work permit for 12 months and the business has been operational. You may know that you cannot claim Express Entry job offer points until your ICT work permit has accumulated 12 months of paid work since it is LMIA-exempt. The key criteria to consider when planning Express Entry to convert your ICT work permit to a Canadian PR:
1) CEC or FSW Express Entry eligibility is required. If you own more than 50% of the Canadian branch, you can use FSW Express Entry but not CEC. Minimum language, education, and other requirements are basic. If you claim an executive or management role in the company under your ICT work permit, you need a CLB7; otherwise, a CLB6. The Ministerial instructions for Express Entry require your closed work permit company to pay you for 12 months to claim job offer points. Hint: The overseas headquarters may pay you if it owns the majority of the Canadian branch.
2) To boost your Express Entry profile, claim 50 job offer points for TEER levels 0,1,2, or 3, or 200 for TEER 000 and executive positions. Everyone reading this article wants 200 points, honestly. Meet the minimum eligibility requirements to claim 50 valid job offer points almost automatically. 200 points are harder.
You must demonstrate that you have been strategizing and managing middle managers in the TEER 00012 to 00015 executive/director roles. An LMIA-exempt work permit requires a specific company/branch structure in Canada to prove that you have been doing this executive role and job duties for the past year to claim 200 points.
PNP Canada
The Provincial Nominee Program follows. If you have an ICT work permit and don’t meet Express Entry eligibility requirements, you must apply for Canadian PR through one of these three provincial nominee programs:
1) The Ontario Provincial Entrepreneur Program is one of the few that lets you transition your ICT business without starting over. This provincial stream requires more investment but less education and language.
2) Transfer to New Brunswick Provincial Nominee Skilled Immigration. This is a skilled immigration stream where you cannot own the majority shares of the company in Canada (but you can indirectly through the headquarters) and work for the company in the province for at least one year under your ICT work permit.
Why is this better than Express Entry?
The language and education requirements are lower, and you don’t need to claim 200 points as a high-level executive. If you can’t scale your ICT business to get the 200 job offer bonus points, consider the New Brunswick Skilled Immigration Nominee program.
3) Alberta Opportunity Stream is your next provincial program. Like New Brunswick, you can skip Express Entry and set up your branch with your closed ICT work permit before claiming 12 months of work experience. If you have a high school diploma, CLB 5 language exam score, 2 years of foreign work experience in the same position, and you indirectly own the branch from your overseas entity, you can receive a PR nomination in 2 months. It’s simple and effective under this provincial program.
Spouse or Common-law Partner
As an ICT work permit holder, if your spouse or common-law partner has a stronger Express Entry profile than you and does not hold more than 50% of your branch in Canada, they can gain Canadian work experience and be invited for PR after 2 years. Remember that your spouse or partner’s open work permit cannot receive job offer points, and they must have a strong profile, such as a good age, two post-secondary degrees, and a strong language exam score, to claim a higher CRS score. Not everyone can do this, but some can.
Nomination by another company
Finally, ICT work permit holders who cannot use any of the above options can use this. It may seem extreme, but you may have no choice if you’re stuck. You, your spouse, and your partner do not meet the language requirements or minimum eligibility of the Express Entry system, and you are not in one of the provinces I just listed as an alternative route for PR from ICT. What do you do if you have no other way to get Canadian PR?
It’s simple. You have a fully operational Canadian ICT branch. The only solution is for another company in your industry to buy you and hire you as an executive through the PNP. If you own a restaurant or marketing agency branch as ICT, another company in the same field can buy it out and nominate you as an executive through the Provincial Nominee Skilled Immigration Stream if they are in the same province as you. A buyout or joint venture is possible. How to? Not hard.
Nova Scotia, New Brunswick, Alberta, and BC allow PR nominees to own a minority stake in the nominating company. This means you can use your creativity to invest in that company as a minority shareholder and have them nominate you, or you can buy a minority share and have them buy you out or do a JV and nominate you.
Language exam scores are not required under the Provincial Skilled Immigration stream in BC, so that may be your ticket out. It may seem complicated, but this is your last ICT-to-PR option.
Conclusion
There are all the options for Intra-Company Transfer LMIA exempt work permit holders under C61/62/63, formerly C12, to apply for Canadian Permanent Residency. If you need advice or are an immigration practitioner or agency needing help applying for an ICT work permit or converting clients, please contact us. There are many options, but you need to know which ones match your or your client’s profile. The information is public; you just need to know where to look and how to put it together to achieve your immigration goals.
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