October 15, 2024

Immigration, Refugees, and Citizenship Canada (IRCC) updated its guidelines for Intra-Company Transferees (ICTs) on October 3. The new changes introduce stricter requirements, making it harder for employers to obtain work permits for employees under the International Mobility Program. Employers must now demonstrate that they are a multinational corporation, and employees must possess specialized knowledge essential to their role.

International Mobility Program (IMP)

The International Mobility Program allows employers to obtain work permits for foreign nationals, such as Intra-Company Transferees (ICTs), without the need for a Labour Market Impact Assessment (LMIA). Unlike LMIA-based work permits, which require employers to prove that hiring foreign workers will have a neutral or positive impact on the Canadian labour market, IMP permits streamline the process.

Stricter Requirements for Intra-Company Transferees

Recent updates to the program introduce stricter criteria for ICTs, making it more challenging for employers to secure work permits. Key changes include:

  • Employers must now demonstrate that they qualify as a multinational corporation with revenue-generating operations in at least two countries.
  • Updated definitions and clarifications for assessing “specialized knowledge” required by applicants.
  • Consolidation of all ICT instructions into a single page to improve accessibility.

The updates also emphasize that ICTs should not be used as a way to transfer a company’s general workforce to Canadian affiliates. Officers must now ensure that applications are thoroughly documented in the Global Case Management System (GCMS).

Free Trade Agreements Linked to IMP

IRCC has updated guidance related to several free trade agreements, including:

  • Canada–United States–Mexico Agreement (CUSMA)
  • Canada–Korea Free Trade Agreement
  • Canada–European Union Comprehensive Economic and Trade Agreement (CETA)

These updates streamline ICT guidance under each FTA by standardizing and integrating instructions into single pages for each work provision.

Part of Broader Reforms

These changes are part of IRCC’s larger efforts to scale back temporary resident programs, aiming to reduce the proportion of temporary residents in Canada from 6.5% to 5% over the next three years. Immigration Minister Marc Miller has announced measures targeting study permits, post-graduation work permits (PGWPs), and spousal open work permits as part of this agenda.

IRCC announces program updates for Intra-Company Transferees.
IRCC announces program updates for Intra-Company Transferees.

The upcoming Levels Plan, to be released on November 1, will be the first to include targets for temporary residents, setting immigration goals for the next year and provisional goals for the following two years.

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