An Intra Company Transfer (ICT) is a process for employers to transfer foreign nationals who work for the same company abroad to work in Canada. This type of transfer allows employers to hire foreign workers to work in the same position or in a related position in Canada. The main purpose of an ICT is to help employers fill skills gaps in their Canadian operations, by allowing them to transfer foreign employees who already have the necessary skills and expertise. This type of transfer is generally used to transfer executive and managerial personnel, specialized knowledge workers, and other highly-skilled individuals. In order to qualify, the foreign worker must have worked for the employer abroad for at least one year in the past three years. The foreign worker must also be offered a salary comparable to the prevailing wage for the position in Canada.
In order to qualify for an ICT, employers must meet a number of requirements. These include:
• Demonstrating that the foreign worker’s position is related to the Canadian operations of the company;
• Demonstrating that the foreign worker’s skills are necessary to fill a skills gap in the Canadian operation;
• Demonstrating that the foreign worker’s salary is competitive with the prevailing wage for the position in Canada, and;
• Demonstrating that the foreign worker has worked for the employer abroad for at least one year in the past three years.
In addition, employers must also follow the requirements set forth in the Immigration and Refugee Protection Regulations and the Labour Market Impact Assessment (LMIA) process. An LMIA is required in order to demonstrate that the foreign worker’s employment will not have a negative impact on the Canadian labour market.
Once the employer has met all of the requirements and has received a positive LMIA, the foreign worker can apply for an ICT work permit. This permit will generally be valid for up to three years and can be extended for an additional three years.