IRCC has released updates concerning the Intra-Company Transfers-1

Immigration, Citizenship and Refugees Canada (IRCC) updated its guidance for staff regarding Intra-Company Transferees (ICTs) on October 3.

These changes will make it more challenging for employers to obtain work permits for their employees under the International Mobility Program. The new requirements include stricter criteria for employers to qualify as multinational corporations and for employees to possess specialized knowledge essential for their roles.

What is the International Mobility Program?

The International Mobility Program (IMP) allows employers to obtain work permits for foreign nationals through Intra-Company Transfers (ICTs) without needing to complete a Labour Market Impact Assessment (LMIA). LMIAs are designed to ensure that hiring foreign workers has a neutral or positive effect on the Canadian labor market, which can be a time-consuming process for employers.

Stricter Requirements for Intra-Company Transferees

The updated guidance emphasizes the need for officers to verify that the foreign enterprise applying for an ICT qualifies as an existing multinational corporation (MNC). Specifically, the enterprise must demonstrate that it has “revenue-generating operations in at least two countries before establishing an enterprise in Canada.”

Additional updates include:

Clarification on “specialized knowledge”: This includes guidance on how to assess whether an applicant possesses specialized knowledge and whether a position requires such knowledge.
Clarification on eligibility criteria for foreign nationals applying for the ICT.
Consolidation of ICT instructions into a single page for easier reference.

The guidance also highlights that ICTs should not be used as a means to transfer an enterprise’s general workforce to affiliated entities in Canada.

Moreover, it underscores the importance of officers documenting all evidence related to ICT applications within the Global Case Management System (GCMS).

IRCC has released updates concerning the Intra-Company Transferees (ICT) program.

IRCC has updated staff documentation regarding several free trade agreements (FTAs) associated with the International Mobility Program. The agreements include:

Canada–United States–Mexico Agreement (CUSMA)
Canada–Korea Free Trade Agreement
Canada–Peru Free Trade Agreement
Canada–Colombia Free Trade Agreement
Canada–Chile Free Trade Agreement
Canada–European Union: Comprehensive Economic and Trade Agreement (CETA)
Canada–United Kingdom Trade Continuity Agreement
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

IRCC’s updates to the instructions related to these FTAs involve standardizing the format in the following ways:

Integration of Guidance: All guidance on assessing Intra-Company Transfers (ICTs) has been incorporated into the ICT instructions for each FTA.
Individual Formatting: Instructions are now presented as individual pages for each temporary work provision.
Overview Page: An overview page has been included for clarity.

On the same day, IRCC also updated guidelines for entering information into the Global Case Management System (GCMS) for representatives.

Changes Part of IRCC’s Ongoing Reforms

These program updates regarding ICTs are part of IRCC’s broader strategy to scale back temporary resident programs. Immigration Minister Marc Miller aims to reduce the proportion of temporary residents in Canada’s population from 6.5% to 5% over the next three years.

On September 18, Miller announced measures to significantly decrease the number of study permits, post-graduation work permits (PGWPs), and spousal open work permits over the same period.

The Canada Temporary Foreign Worker Program (TFWP), which facilitates LMIA-based work permits, has also faced scrutiny. As of September 26, the government has suspended processing of the low-wage stream of the TFWP in all census metropolitan areas where the unemployment rate exceeds 6%.

The forthcoming Levels Plan, scheduled for release on November 1, will be the first to incorporate targets for temporary residents. This plan outlines immigration targets for the upcoming year and provides provisional targets for the subsequent two years.

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