1. What is an Intra-Company Transfer in Canada?

An Intra-Company Transfer in Canada refers to a process where employees of a multinational company are transferred from a foreign branch of the company to a Canadian branch. This type of transfer allows companies to bring skilled employees, managers, or executives to Canada to work within the same organization. The Intra-Company Transfer program in Canada is designed to facilitate the transfer of key personnel within multinational companies, ensuring that they can work in Canada temporarily without the need to undergo the traditional labor market impact assessment. This program aims to support the growth and competitiveness of Canadian companies by enabling them to access the global talent pool within their organization.

2. What are the requirements for an Intra-Company Transfer in Canada?

In Canada, there are specific requirements that must be met for an Intra-Company Transfer to take place:

1. The individual being transferred must hold a managerial, executive, or specialized knowledge position within the company.
2. The Canadian entity must have a qualifying relationship with the foreign entity, such as being a branch, subsidiary, affiliate, or parent company.
3. The transferred employee must have been employed by the foreign entity for a specified period, usually for at least one year in the past three years.
4. The Canadian company must provide a job offer to the transferred employee that outlines the terms and conditions of the transfer, including the position, duties, salary, and duration of the transfer.
5. The transfer must be temporary in nature, with a set end date, although extensions may be possible in some cases.

Meeting these requirements is essential for a successful Intra-Company Transfer to Canada. It is advisable to seek guidance from immigration professionals to ensure all criteria are met and the application process is smooth and successful.

3. Can employees on Intra-Company Transfers bring their families to Canada?

Yes, employees on Intra-Company Transfers (ICT) to Canada may be able to bring their immediate family members with them. Immediate family members typically include spouses or common-law partners, as well as dependent children. However, there are specific requirements and processes that need to be followed to facilitate the relocation of family members to Canada:

1. Spouses or common-law partners may be eligible for an open work permit, allowing them to work for any employer in Canada.
2. Dependent children may be eligible to study in Canada without the need for a study permit if they are enrolled in kindergarten to grade 12.
3. Family members accompanying the ICT employee may need to apply for the appropriate visas or permits based on their relationship and intended activities in Canada.

It is important for ICT employees to consult with their employer and immigration advisors to understand the specific requirements and options available for their family members accompanying them to Canada.

4. What is the maximum duration of stay for an Intra-Company Transfer in Canada?

The maximum duration of stay for an Intra-Company Transfer in Canada depends on the type of work permit being applied for. Generally, Intra-Company Transferee work permits in Canada can be issued for a maximum initial period of up to two years. However, in certain cases, the duration can be extended beyond the initial two years, providing a total stay of up to seven years for specialized knowledge workers or for senior managerial positions. It’s essential to note that the specific duration of stay allowed under the Intra-Company Transfer program can vary based on the circumstances of the transfer and the category under which the application is made.

5. Are there any restrictions on the types of positions eligible for an Intra-Company Transfer in Canada?

Yes, there are certain restrictions on the types of positions that are eligible for an Intra-Company Transfer (ICT) in Canada. The position being transferred must typically be classified as a managerial, executive, or specialized knowledge role within the company. These roles are usually defined as follows:

1. Managerial Position: This refers to an individual who primarily manages the organization or a department, supervises and controls the work of other professional employees, and has the authority to make decisions regarding hiring, firing, and other personnel-related matters.

2. Executive Position: This involves individuals who direct the management of the organization or a major component or function of the organization, establish goals, policies, and procedures, and exercise wide latitude in decision-making.

3. Specialized Knowledge Position: This encompasses employees who possess specialized knowledge essential to the company’s operations and that is not readily available in the Canadian labor market. This can include technical expertise, industry-specific knowledge, or advanced skills critical to the company’s success.

It is important to note that the specific criteria for each type of position may vary depending on the immigration program being utilized for the ICT, such as the Intra-Company Transfer work permit program or the provisions under the Canada-United States-Mexico Agreement (CUSMA) for eligible professionals. Applicants and sponsoring companies should carefully review the requirements to ensure that the position meets the necessary criteria for an Intra-Company Transfer to Canada.

6. Can an employee on an Intra-Company Transfer apply for permanent residency in Canada?

Yes, an employee on an Intra-Company Transfer in Canada can apply for permanent residency through the Express Entry system or other immigration programs. Here are some key points to consider:

1. Express Entry: Intra-Company Transferees can gain points under the Express Entry system for their Canadian work experience, education, language proficiency, and other factors. If they meet the eligibility criteria and have enough points, they may receive an Invitation to Apply (ITA) for permanent residency.

2. Provincial Nominee Programs (PNPs): Some Canadian provinces have immigration streams that prioritize applicants with Canadian work experience, including Intra-Company Transferees. By obtaining a provincial nomination, individuals can increase their chances of becoming permanent residents.

3. Quebec Experience Program: In Quebec, the Quebec Experience Program (PEQ) offers a pathway to permanent residency for individuals who have studied or worked in the province, including Intra-Company Transferees. Meeting the program requirements can lead to obtaining a Certificat de sélection du Québec (CSQ) and subsequently applying for permanent residency.

Overall, while being on an Intra-Company Transfer does not automatically grant permanent residency in Canada, it can be a valuable stepping stone towards this goal through various immigration pathways available to skilled workers in the country.

7. What is the process for applying for an Intra-Company Transfer in Canada?

The process for applying for an Intra-Company Transfer in Canada typically involves several steps:

1. Determine eligibility: Ensure that the company you work for has a parent, subsidiary, branch, or affiliate in Canada and that you have been employed with the company for a specified period of time, usually one year.

2. Obtain a job offer: You must receive a job offer from the Canadian branch of your company for a position that meets the requirements of the Intra-Company Transfer program.

3. Complete the application: Fill out the necessary application forms, including the IMM 5808 form for work permit application and any other supporting documents required by Immigration, Refugees and Citizenship Canada (IRCC).

4. Submit the application: Send your completed application package to the IRCC either online or via mail.

5. Wait for processing: The IRCC will assess your application, including verifying the legitimacy of the job offer and your qualifications. Processing times can vary.

6. Obtain a work permit: If your application is approved, you will receive a work permit that allows you to work in Canada for the specified period and in the designated position.

7. Enter Canada: Once you have received your work permit, you can enter Canada and begin working for the Canadian branch of your company.

It is essential to ensure that you follow all the requirements and provide accurate and complete information during the application process to increase the chances of a successful Intra-Company Transfer to Canada.

8. Are there specific qualifications or experience required for an employee to be eligible for an Intra-Company Transfer in Canada?

Yes, there are specific qualifications and experience required for an employee to be eligible for an Intra-Company Transfer (ICT) in Canada. Some of the key requirements include:

1. Work Experience: The employee must have been employed by the international company for a minimum period, typically one year, in a similar position to the one they will be transferring to in Canada.

2. Position: The employee must be transferring to a position within the Canadian entity of the same organization in a managerial, executive, or specialized knowledge capacity.

3. Supporting Documentation: The employee will need to provide relevant documentation and evidence to demonstrate their eligibility for the transfer, such as job descriptions, organizational charts, and details of the business operations.

4. Corporate Relationship: There must be a qualifying relationship between the sending company and the Canadian entity, such as a subsidiary, branch, or affiliate relationship.

5. Compliance: Both the sending company and the Canadian entity must comply with the terms and conditions of the ICT program, ensuring that the transfer adheres to all regulatory requirements.

Overall, meeting these qualifications and requirements is essential for an employee to be eligible for an Intra-Company Transfer to Canada. It is advisable for individuals considering such a transfer to consult with immigration experts or legal professionals to ensure they meet all the necessary criteria.

9. How long does it take to process an Intra-Company Transfer application in Canada?

The processing time for an Intra-Company Transfer application in Canada can vary depending on several factors. On average, it can take anywhere from a few weeks to several months for an ICT application to be processed. The exact timeline can be influenced by factors such as the volume of applications being processed at the time, the completeness of the application package, the specific immigration program being applied for, and any additional documentation or information requested by the immigration authorities. It is advisable for applicants to submit a well-prepared and complete application to help expedite the processing time. Additionally, utilizing the services of an immigration consultant or lawyer can also help navigate the application process more efficiently.

10. Are there any fees associated with applying for an Intra-Company Transfer in Canada?

Yes, there are fees associated with applying for an Intra-Company Transfer in Canada. Here are some of the key fees that applicants may encounter:

1. Work Permit Processing Fee: When applying for an Intra-Company Transfer work permit in Canada, applicants are generally required to pay a processing fee. As of the time of writing, the standard work permit processing fee for most applicants is CAD $155.

2. Biometrics Fee: In addition to the work permit processing fee, applicants may also need to pay a biometrics fee if they are required to provide biometric information. The biometrics fee is CAD $85 per person or CAD $170 for a family of 2 or more members.

3. Visa Application Fee: Depending on the nationality of the applicant, a visa application fee or Electronic Travel Authorization (eTA) fee may also be applicable. The visa application fee varies based on the type of visa being applied for and the applicant’s nationality.

It’s important for applicants to carefully review the current fee structure and requirements on the official website of Immigration, Refugees and Citizenship Canada (IRCC) to ensure they have the most up-to-date information before submitting their application.

11. Can an employee on an Intra-Company Transfer in Canada switch employers?

No, an employee on an Intra-Company Transfer in Canada cannot switch employers. The Intra-Company Transfer program is designed for multinational companies to transfer employees to their Canadian branches or subsidiaries for a temporary period. The work permit issued under this program is tied to the specific employer who sponsored the transfer. Switching employers would require the employee to obtain a new work permit through a different immigration program or by having the new employer go through the process of sponsoring them for a new Intra-Company Transfer. It is important for employees on Intra-Company Transfers to adhere to the conditions of their work permit and the employment agreement with their sponsoring employer to avoid any legal issues or potential visa complications.

12. Are there any language proficiency requirements for an Intra-Company Transfer in Canada?

Yes, there are language proficiency requirements for an Intra-Company Transfer in Canada. Employers seeking to transfer employees to Canada under the Intra-Company Transfer category must ensure that the employee has the necessary language skills to perform their job duties effectively. This typically means demonstrating proficiency in either English or French, which are the two official languages of Canada. Specific language requirements may vary depending on the job position and the province in which the employee will be working. For example, some provinces may have additional language requirements based on their language policies or the nature of the job. It is important for both the employer and the employee to carefully review and understand the language proficiency requirements before initiating the transfer process to ensure compliance and a smooth transition for the employee.

13. How does an employer demonstrate the relationship between the overseas company and the Canadian entity for an Intra-Company Transfer?

An employer can demonstrate the relationship between the overseas company and the Canadian entity in an Intra-Company Transfer through various means:

1. Ownership: Providing evidence of a direct link in ownership between the overseas company and the Canadian entity can demonstrate the relationship. This can include documents such as share certificates or legal agreements showing the parent-subsidiary relationship.

2. Control: Demonstrating that the overseas company has control over the operations and decision-making of the Canadian entity can establish the relationship. This can be evidenced through organizational charts, governance structures, or appointment of key personnel by the overseas company.

3. Financial Transactions: Showing financial transactions between the overseas company and the Canadian entity, such as investments, loans, or funding transfers, can support the relationship.

4. Shared Intellectual Property: Providing proof of shared intellectual property rights or joint research and development initiatives between the two entities can indicate a close relationship.

5. Business Agreements: Submitting contracts, agreements, or memoranda of understandings between the overseas company and the Canadian entity that outline collaboration or business arrangements can also support the relationship.

By presenting a combination of these pieces of evidence, an employer can effectively demonstrate the relationship between the overseas company and the Canadian entity for an Intra-Company Transfer application.

14. What are the tax implications for employees on Intra-Company Transfers in Canada?

Employees on Intra-Company Transfers in Canada may face several tax implications, including:

1. Residency Status: The tax implications for employees on Intra-Company Transfers depend on their residency status for tax purposes in Canada. Employees who are considered residents in Canada for tax purposes are generally subject to Canadian income tax on their worldwide income.

2. Taxation of Income: Income earned by employees on Intra-Company Transfers in Canada, such as salary, bonuses, and benefits, is generally taxable in Canada. This income may be subject to federal and provincial income taxes, as well as various employment-related taxes, such as Canada Pension Plan (CPP) and Employment Insurance (EI) contributions.

3. Tax Treaties: Canada has tax treaties with many countries to prevent double taxation for individuals on Intra-Company Transfers. These treaties may provide relief through exemptions, deductions, or tax credits to mitigate the tax burden on employees.

4. Withholding Taxes: Employers in Canada are required to withhold taxes from employees’ pay and remit them to the Canada Revenue Agency (CRA). The withholding rates depend on various factors, including the employee’s residency status, level of income, and applicable tax treaties.

5. Reporting Obligations: Employees on Intra-Company Transfers may have additional reporting obligations, such as filing a Canadian tax return and disclosing foreign assets and income, depending on their individual circumstances.

It is essential for employees and employers involved in Intra-Company Transfers in Canada to seek professional advice from tax experts to understand and comply with the relevant tax laws and regulations to ensure proper tax planning and compliance.

15. Are there any specific industries or sectors that are more commonly associated with Intra-Company Transfers in Canada?

Yes, there are specific industries and sectors that are more commonly associated with Intra-Company Transfers in Canada. Some of the key industries where Intra-Company Transfers are frequently seen include:

1. Information Technology (IT) – Many multinational tech companies transfer employees to their Canadian branches to leverage specialized skills, knowledge, and expertise within the IT sector.

2. Finance and Banking – Intra-Company Transfers are common in the financial services industry, especially for roles that require specific qualifications and experience.

3. Engineering and Construction – Companies involved in engineering and construction projects often transfer skilled employees to Canada to manage projects or provide technical expertise.

4. Pharmaceutical and Healthcare – Transfers in these industries often involve professionals with specialized medical or scientific expertise.

5. Automotive and Manufacturing – With Canada’s strong automotive and manufacturing presence, companies frequently transfer employees for roles in production, engineering, and management.

Overall, Intra-Company Transfers are prevalent across various industries in Canada, where companies seek to transfer employees with specialized skills, knowledge, and experience to support their operations and projects in the country.

16. Can an employee on an Intra-Company Transfer work remotely while in Canada?

1. Yes, employees on an Intra-Company Transfer (ICT) visa in Canada can work remotely within the country under specific conditions.
2. The employer must maintain a significant presence in Canada and the employee must remain on the payroll of the Canadian company during the transfer.
3. The work conducted remotely must align with the terms and conditions specified in the ICT work permit and must not violate any regulations set by Immigration, Refugees and Citizenship Canada (IRCC).
4. It is crucial for both the employer and employee to ensure compliance with the immigration laws and maintain proper documentation throughout the duration of the remote work.
5. It is advisable to seek guidance from an immigration expert or legal counsel to ensure that all requirements are met when working remotely under an ICT visa in Canada.

17. What are the obligations of the Canadian employer towards an employee on an Intra-Company Transfer?

1. The Canadian employer has several obligations towards an employee on an Intra-Company Transfer. These obligations include, but are not limited to:

2. Providing the employee with a detailed job offer outlining the terms and conditions of employment, such as salary, benefits, and working conditions.

3. Ensuring that the employee receives appropriate wages and benefits that are in line with Canadian standards and regulations.

4. Providing support with the work permit and visa application process, including any necessary documentation and fees.

5. Complying with all relevant Canadian employment laws and regulations, including those related to working hours, overtime pay, and health and safety.

6. Offering support with settling into Canada, such as providing information on housing, healthcare, and transportation options.

7. Providing the necessary training and resources for the employee to successfully perform their job duties in Canada.

8. Ensuring that the employee has access to any necessary support services, such as language training or cultural orientation.

Overall, the Canadian employer must act in good faith and take all necessary steps to support the employee during their Intra-Company Transfer, ensuring a smooth transition and a positive work experience in Canada.

18. Are there any specific rules or regulations regarding the transfer of intellectual property in an Intra-Company Transfer?

Yes, there are specific rules and regulations regarding the transfer of intellectual property in an Intra-Company Transfer in Canada. Here are some key points to consider:

1. Legal Framework: Canada has laws and regulations governing the transfer of intellectual property, which includes patents, trademarks, copyrights, and trade secrets. These laws aim to protect the rights of the original owner of the intellectual property and ensure that companies comply with legal requirements when transferring such assets during an intra-company transfer.

2. Ownership Rights: It is crucial to determine the ownership rights of intellectual property before and after the transfer within the same company. Clear documentation and agreements should outline the ownership of the intellectual property rights and the rights and responsibilities of both the transferring and receiving parties.

3. Confidentiality and Non-Disclosure: Companies involved in an intra-company transfer must safeguard intellectual property through confidentiality and non-disclosure agreements. These agreements protect sensitive information from being disclosed or misused during and after the transfer process.

4. Compliance with Laws: Companies must ensure that the transfer of intellectual property complies with Canadian laws and regulations, including the Intellectual Property Laws, Competition Act, and various sector-specific regulations that may impact the transfer process.

5. Reporting Obligations: Companies may have reporting obligations related to the transfer of intellectual property during an intra-company transfer. They must adhere to any legal requirements for disclosure or reporting concerning the transfer of intellectual property assets.

Overall, it is essential for companies engaging in an intra-company transfer to carefully consider and address the rules and regulations surrounding the transfer of intellectual property to ensure compliance and protect their valuable assets effectively.

19. Can an employee on an Intra-Company Transfer in Canada bring their pet(s) with them?

Yes, an employee on an Intra-Company Transfer in Canada can usually bring their pet(s) with them, but certain conditions and requirements must be met. Here are some important points to consider:

1. Regulations: Canada has specific regulations regarding the import of pets, which may vary depending on the type of animal and the country of origin. It is crucial to familiarize yourself with the Canadian Food Inspection Agency (CFIA) guidelines for bringing pets into the country.

2. Mandatory Documentation: In most cases, pets brought into Canada will require a valid rabies vaccination certificate issued by a licensed veterinarian. Additional documents may also be required, such as a health certificate or import permit.

3. Quarantine Rules: Canada does not typically impose quarantine for pets entering the country, but certain exceptions and conditions may apply. It’s essential to check if there are any specific quarantine rules based on the type of animal being brought in.

4. Transportation: The employee must make suitable travel arrangements for their pet, ensuring that the chosen mode of transportation is pet-friendly and complies with all relevant regulations.

5. Accommodation: It is the responsibility of the employee to find appropriate accommodation that accepts pets. Not all rental properties or hotels in Canada may allow pets, so it’s advisable to confirm this in advance.

By addressing these key points and ensuring compliance with Canadian regulations, an employee on an Intra-Company Transfer can bring their pet(s) with them to Canada.

20. How does an employee on an Intra-Company Transfer extend their stay in Canada if needed?

An employee on an Intra-Company Transfer can extend their stay in Canada if needed by applying for an extension of their work permit. The process for extending the work permit typically involves submitting an application to Immigration, Refugees and Citizenship Canada (IRCC) before the current permit expires. The application should include all required forms, supporting documents, and fees.

1. The employee needs to ensure that they continue to meet the eligibility criteria for the Intra-Company Transfer program, including having a valid job offer from a company with a presence in Canada.
2. They should provide proof of their ongoing employment with the company and demonstrate that their role is still necessary in Canada.
3. If there are any changes to the terms of their employment or their location in Canada, these should be clearly communicated in the application.
4. It is essential to submit the extension application well in advance of the current permit’s expiry date to avoid any gaps in authorization to work in Canada.

Overall, extending an employee’s stay in Canada on an Intra-Company Transfer requires careful preparation, adherence to immigration regulations, and timely submission of the necessary documentation.