IRCC Announces Changes to ICT Work Permit Guidelines
IRCC Announces Changes to ICT Work Permit Guidelines
Immigration, Refugees, and Citizenship Canada (IRCC) recently released an update to its internal guidance on Intra-Company Transfer (ICT) work permits. This update impacts how IRCC officers assess ICT work permits, specifically those not covered under Free Trade Agreements. FGI has analyzed this directive and summarized the most significant updates affecting ICT applicants.
Most of the points below are not new criteria. However, adjudicating officers now have clear instructions to closely scrutinize these aspects. Therefore, all ICT applications should be prepared with these considerations in mind:
1. Eligibility for Foreign Enterprises:
- To qualify for an ICT work permit, foreign enterprises must be established multinational corporations (MNCs) with revenue-generating operations in at least two countries before establishing a company in Canada.
2. Active Engagement in Business:
- The Canadian enterprise receiving the transferee must be actively engaged in business operations. This requirement prevents the use of ICT permits for companies that do not have a substantive business presence in Canada, or were established mostly for ‘immigration purposes’.
3. Physical Premises Requirement:
- Businesses without a physical commercial presence in Canada, large enough to offer working space to their employees, are not eligible to bring in ICT transferees.
4. Temporary Transfer in the Same Capacity:
- Applicants must transfer to the Canadian enterprise in the same role they hold at the foreign enterprise, whether in a managerial or specialized knowledge capacity. This role must align with the same National Occupational Classification (NOC) and Training, Education, Experience, and Responsibilities (TEER) category.
5. Role Availability After Assignment:
- The position held by the applicant in the foreign enterprise must remain available upon the completion of their assignment in Canada to ensure the transfer is genuinely temporary and that the applicant intends to return to their role abroad.
6. Proof of Specialized Knowledge:
- Applicants transferring under the specialized knowledge category must provide increased proof of their expertise. This includes demonstrating both an advanced knowledge not readily available in the industry AND proprietary knowledge unique to the company.
7. Experience Requirements:
- Applicants must have at least two years of overall experience in their field, including at least one year with the same foreign enterprise, outside of Canada, in the past three years.
8. Executive Capacity Transfers:
- For foreign nationals transferring in an executive role, full-time relocation to Canada is not mandatory. However, they must maintain a clear employer-employee relationship with the Canadian entity and lead its operations on a daily basis.
9. Remote Work Considerations:
- A compelling rationale is required for why an applicant needs to be physically present in Canada if their work can be performed remotely. A time zone difference alone will not be deemed a valid reason.
10. Client Site Work Restrictions:
- Employees who work at client sites but are primarily based abroad, with intermittent travel to Canada, will be classified as working on a “project” basis, and their stay will be limited to one year.
- If foreign national employees are transferred full-time to client sites in Canada (“parachuted”), they must clearly demonstrate that their Canadian employer filing the “Offer of Employment” — not the end-client — has control over their day-to-day activities.
11. Requirements for Applicants Changing ICT Categories:
- For applicants who are promoted or changing ICT categories (e.g., from specialized knowledge to managerial), additional evidence is now required to demonstrate that the assignee held a similar role with the sending entity abroad. Supporting documents must confirm that the foreign national occupied this position for at least one year within the last three years before the new application. Additionally, the applicant’s position with the foreign enterprise that must remain available after completing their assignment in Canada, must be within this same new job category.
12. Increased Compliance Audits:
- IRCC will conduct more frequent and stricter compliance audits on ICT work permits.
Impact on ICT Applications
FGI’s assessment notes that these updates represent a shift toward more stringent requirements, due to the current political landscape and the ever-increasing pressure on the Canadian healthcare system and housing market. IRCC’s emphasis is on preventing the use of ICT permits to simply transfer a company’s general workforce to Canada. This change requires businesses and applicants to be more diligent in meeting the updated standards.
For now, businesses applying for ICT permits should prepare for heightened scrutiny and ensure compliance with the revised criteria. Additionally, for further protections in case of a compliance audit, FGI recommends that employers of foreign nationals currently in Canada, ensure that wages, titles, job duties, and work location match their current work permit applications. Or obtain work permit amendments prior to making these changes effective.
FGI continues to monitor these changes closely and provide further updates as the implications of this new guidance unfold.