Important Updates
Important Updates
February 23, 2026 | PeruPeru: Delays in Adjudication of In-Country Visa Applications
February 23, 2026 | CanadaCanadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal
February 23, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
February 23, 2026 | 🌐Minimum Salary Changes Announced
February 23, 2026 | New ZealandNew Zealand: National Occupation List for Expanded and Selected Roles Reclassified
February 23, 2026 | PeruPeru: Delays in Adjudication of In-Country Visa Applications
February 23, 2026 | CanadaCanadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal
February 23, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
February 23, 2026 | 🌐Minimum Salary Changes Announced
February 23, 2026 | New ZealandNew Zealand: National Occupation List for Expanded and Selected Roles Reclassified
February 23, 2026 | PeruPeru: Delays in Adjudication of In-Country Visa Applications
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Canada: IRCC Releases Eligibility Updates for Intra-Company Transfers

October 7, 2024

insight-news-default

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • Immigration, Citizenship and Refugees Canada (IRCC) has updated its Program Delivery Updates, updating guidance on how IRCC staff should analyze immigration applications.
  • Key updates include stricter requirements for employers and foreign nationals under the International Mobility Program’s Intra-Company Transfer (ICT) category, among others.
  • The guidance and stricter eligibility criteria for foreign nationals’ work experience, knowledge and role in Canada reinforce that ICTs should not be used to transfer an enterprise’s general workforce to affiliated entities in Canada.
  • These program updates align with the government’s broader goal to scale back temporary resident programs, and they follow other recent restrictions.

The situation

Immigration, Citizenship and Refugees Canada (IRCC) has updated its Program Delivery Updates (PDUs), updating guidance on how IRCC staff should analyze immigration applications.

A closer look

Key updates include the following stricter requirements for employers and foreign nationals under the International Mobility Program’s Intra-Company Transfer (ICT) category:

Guidance/Change Impact

Eligibility requirements for companies:

  • The updated guidance now requires officers to ensure that the foreign enterprise applying for an ICT qualifies as an existing multinational corporation (MNC). This means that the enterprise must have revenue-generating operations in at least two countries, before establishing an enterprise in Canada.
  • Furthermore, the Canadian and foreign enterprises must all be legal entities and must have a parent, branch, subsidiary, or affiliate business relationship between them.
  • The qualifying relationship will be determined by ownership and control and does not include business relationships between suppliers or clients; those based on contracts, licensing arrangements or franchise agreements; or ownership of a small amount of stock, membership in board of directors or similar arrangements.
  • The reference to a MNC and the qualifying relationship are new definitions. Previously, companies were only required to have a foreign enterprise that was an affiliate, parent, branch or subsidiary of the Canadian enterprise. 

 

  • As a result, according to IRCC, the enterprise outside of Canada cannot become an MNC by using the ICT work permit category to establish their first foreign enterprise in Canada.
  • Under the tightened qualifying relationship definition, a Canadian enterprise that exists in name only and does not generate sustainable revenue and profit, or other benefits from business activities such as selling products or providing a service and/or has no employees or commercial premises, would not qualify for sponsoring ICTs.
  • Furthermore, officers will scrutinize whether the foreign national is effectively taking a position in a Canadian branch and whether this category is used for service personnel whom the company is seeking to send into a client site in Canada on a need basis, which are unallowed activities via an ICT application.
  • Under the updated guidance, foreign nationals seeking to enter Canada to establish a new business but are transferring from an enterprise outside of Canada that is not a MNC, are not eligible to apply under the ICT category. They may instead seek to apply under the Business owner – temporary purpose (C11)category instead.

 

 

Eligibility requirements for foreign nationals:

  • The updated guidance sets forth stricter interpretation of whether applicants hold the necessary specialized knowledge to qualify under the program. Under the updated guidance, applicants should have at least two years of experience with the foreign enterprise. If less (but more than the one-year requirement), they should demonstrate studies in the relevant field or years of experience in the industry and would be subject to higher scrutiny. Previously, one year of employment with the foreign enterprise was typically sufficient to demonstrate specialized knowledge.
  • The guidelines also clarify that part-time work cannot be used to meet the one year of full-time employment requirement with the foreign enterprise. Previously, part-time work equivalent to one year was allowed.
  • Furthermore, foreign nationals are now required to demonstrate that their position in the foreign enterprise will remain available to them for their return after their period of employment in Canada, and that their work will generate significant economic, social or cultural benefits, or opportunities for Canadian citizens or permanent residents during their employment in Canada. These more restrictive requirements for applicants were not previously required.

 

  • Overall, the guidance and stricter eligibility criteria for foreign nationals’ experience, knowledge and role in Canada reinforce that ICTs should not be used to transfer an enterprise’s general workforce to affiliated entities in Canada.
  • Employers will need to carefully consider which foreign nationals they seek to send to Canada, and the intended purpose of the transfer.

Additional updates to other particularities of the ICT program include, among others:

  • Stricter requirements as to the location of employment in Canada (i.e., businesses operating from non-commercial/residential locations, virtual businesses, or work that can be carried out from outside Canada would not qualify for the ICT program).
  • Stricter requirements to change to a different ICT category when applying for a new work permit.
  • Clarification of the maximum duration of stay for foreign nationals changing from one ICT category to another (i.e., from specialized knowledge to the senior manager category, and vice versa).

IRCC has also updated staff guidance related to Free Trade Agreements (FTA) under the International Mobility Program. Notably, the guidance for assessing ICTs now applies to ICTs within the FTA application categories, with certain exceptions.

Background

  • International Mobility Program. Under the International Mobility Program, employers can use Intra-Company Transfers to obtain work permits for foreign nationals, without needing to undertake a Labour Market Impact Assessment.
  • PDUs. PDUs are guidelines on how IRCC staff should analyze immigration applications. They are posted on IRCC’s website as a courtesy to stakeholders.
  • Reason for updates. These program updates relating to ICTs align with the government’s broader goal to scale back temporary resident programs. They follow the recent implementation of restrictions under the Low-Wage stream of the Temporary Worker Program, restrictions for students and spouses of temporary residents and restrictions on applying for work permits within Canada, among other recent restrictive government measures.

Looking ahead

The upcoming Immigration Levels Plan to be released in November 2024, which sets out immigration targets for the upcoming three years, is expected to include reductions in the number of temporary residents in Canada. Additional policy changes stemming from these plans should be expected.

We will continue to report on related developments.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.