Canada: IRCC Releases Eligibility Updates for Intra-Company Transfers
October 7, 2024
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:
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Eligibility requirements for foreign nationals:
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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.