The Must-Have Guide to the Intra-Company Transfer (ICT) Process

The Intra-Company Transfer (ICT) program is a Canadian immigration program that allows foreign business owners and key employees to expand their operations into Canada while securing work permits.

This program is particularly popular among multinational corporations and entrepreneurs who wish to establish a foothold in the Canadian market. Like the other immigration pathways into Canada, there are eligibility criteria, regulations, and processes to be followed for a successful outcome.

If this is the immigration pathway you are interested in, stay with us as we give you an in-depth guide to the ICT process.

What Is the ICT Program?

Let’s start with the basics.

The ICT program is an immigration pathway for executives, senior managers, and employees with specialized knowledge to transfer from a foreign company to its Canadian branch, subsidiary, or affiliate. It is ideal for:

Business Owners & Entrepreneurs who wish to expand their business into Canada.
Employees of multinational companies who are being transferred to a Canadian office for strategic roles.

This program offers a direct route to Canadian permanent residency (PR) after one year of business operations in the country, making it an attractive option for long-term relocation.

This program offers other benefits, as well.

Exemption from Labour Market Impact Assessment (LMIA): ICT applicants are not required to prove that their position cannot be filled by a Canadian worker.
Family Benefits: Spouses can obtain open work permits, and children can receive study permits.
Direct Path to Permanent Residence (PR): After one year of business operations, ICT work permit holders can transition to permanent residence through programs such as Express Entry or Provincial Nominee Programs (PNPs).

Updated Eligibility Criteria

The program has seen some recent updates by Immigration, Refugees, and Citizenship Canada (IRCC), and stricter requirements for both companies and transferees have been brought in.

1. Multinational Corporation Definition

First, companies must positively demonstrate they are genuine multinational entities with revenue-generating operations in at least two countries. This rule ensures the program is not misused by fraudulent entities lacking a real international presence.

2. Specialized Knowledge Refinement

The definition of “specialized knowledge” has been modified. Now, applicants must prove they have the unique skills essential for business operations, such as proprietary knowledge or advanced expertise that cannot be easily sourced locally in Canada.

3. Physical Presence Requirement

ICT employees must work at a physical commercial location in Canada. Virtual offices or residential addresses are not accepted unless explicitly justified.

4. Focus on Key Employee Transfers

The program is designed for transferring critical personnel only, such as senior executives, managers, or specialized knowledge workers. This is not meant for general workforce members.

Step-by-Step Guide to the ICT Process

And now we look at how you apply for an ICT, the eligibility criteria and the process after the application.

Step 1: Establish a Business Presence in Canada

Before applying for an ICT work permit, your company must establish its legal and operational presence in Canada. This involves:

Choosing a Business Structure

It is recommended that the business register as a Corporation, as this offers liability protection and is recognized as a separate legal entity.Sole proprietorships or partnerships are generally not recommended due to limited legal protections.

Registering the Business

Per the intended reach, the business must be registered federally (for nationwide operations) or provincially (if operating in one province).You must also obtain a Business Number (BN) from the Canada Revenue Agency (CRA).

Opening a Corporate Bank Account

A corporate bank account is an absolute must for financial transactions and credibility.

Securing Office Space

Lease a physical office space for business operations. This is now mandatory under updated IRCC guidelines. Virtual offices are not accepted unless explicitly justified.

Preparing a Business Plan

A strong business plan is critical for approval. The plan should include:

Market analysis and competitive research.
Financial projections demonstrating sustainability.
Job creation plans for Canadian workers within 1–2 years.
Initial investment details (typically CAD 100,000–150,000).

Step 2: Apply for the ICT Work Permit

Once your business is registered, you can proceed with the work permit application.

Eligibility Criteria

To qualify:

You must have worked for the foreign company for at least one year within the last three years.
Your role must be executive, managerial, or require specialized knowledge.
The foreign company must be active and profitable.

Required Documents

Your application package should include:

Proof of business registration (foreign and Canadian entities).
Financial statements of the parent company.
Lease agreements for Canadian office space.
Organizational charts showing qualifying relationships between entities.
A detailed business plan highlighting revenue projections and job creation.

Submission & Processing Time

Applications must be submitted to Immigration, Refugees, and Citizenship Canada (IRCC).
The processing times range from 2–6 months depending on your country of residence.

Step 3: Bring Your Family

ICT applicants are permitted to bring their spouse and dependent children into the country:

Spouses are eligible for open work permits, allowing them to work for any employer in Canada.
Children can obtain study permits to attend Canadian schools.

Step 4: Start Business Operations

Once your work permit is approved, you can:

Obtain your BN from CRA.
Register for tax accounts if hiring employees.
Begin operations and generate revenue.
Comply with industry-specific licensing requirements wherever applicable.

Step 5: Hire Canadian Employees

This is not a mandatory rule initially. However, IRCC expects businesses to hire Canadians within 1–2 years of operation.This demonstrates economic contribution and strengthens PR applications (the next step).

Step 6: Transition to Permanent Residence

After at least 12 months of successful business operations:

Apply for PR through pathways such as Express Entry (Canadian Experience Class) or Provincial Nominee Programs (PNPs).
Ensure your business is actively generating revenue and employing Canadians.

Successfully Navigating the ICT Program

So, there you have it! A complete guide to the Intra-Company Transfer program, along with the procedures involved in the process.

Bear in mind that applying for the ICT program involves several important steps, and the recent updates have introduced new considerations for applicants. One important change is the requirement for ICT transferees to work from a physical location where business operations take place.

Financial plans are also essential; while there is no fixed minimum investment, applicants are expected to demonstrate the ability to support business expenses, such as office space, salaries, and daily operations. A fund in the range of CAD 100,000–150,000 can help ensure a smooth business setup and go a long way in convincing the authorities of your genuine business setup.

While we have listed out the steps involved, the process itself can be quite challenging. The smallest errors in documentation or understanding of the rules will lead to delays or refusals. We recommend you seek professional guidance to help simplify the process, ensuring 100% compliance.

At Woodhaven Immigration, our expert team stands ready to assist with every step of the process, making your transition to Canada as smooth as possible.

by Woodhaven